ASH PR: Car and Sidewalk Smoking Bans Based on New Report
"Toxic Air Contaminant" Designation is a Powerful Weapon [01/27/06]

The formal designation of secondhand tobacco smoke as a "toxic air contaminant" opens the door to many additional restrictions on smoking, both in cars where children are present and even on public sidewalks, says Action on Smoking and Health (ASH), a national nonsmokers' rights organization.

One city has already asked its staff to submit a report on the legality and feasibility of prohibiting smoking on city streets and sidewalks -- the legality of which has already been upheld in a law suit in which ASH's Executive Director, law professor John Banzhaf, participated.

Other jurisdictions are likely to consider banning smoking in cars when children a present, especially now that four states and many municipalities already prohibit smoking in cars when foster children are present. If it works for foster children, why shouldn't other kids get the same protection?," says ASH.

Secondhand tobacco smoke was declared a "Toxic Air Contaminant" based upon findings that it causes not only lung cancer and heart attacks, but also breast cancer and premature births along with many respiratory diseases.

The designation follows on the heels of findings that even small amounts of tobacco smoke outdoors can be dangerous. Indeed, measurements of smoking around doorways at the University of Maryland found that the concentration of tobacco smoke ofter exceeds the EPA's danger level.

ASH, the first major organization to promote smoking bans outdoors, says that over 700 jurisdictions today ban smoking in some outdoor areas.
The voters in Washington State recently approved such a ban by an overwhelming vote in an initiative, and a survey of New York voters showed more support for outdoor smoking bans than they exhibited just a few years ago in supporting legislation banning smoking in most indoor places.

ASH has summarized the many reasons for banning smoking in: http://ash.org/outdoors.pdf [PLEASE DOWNLOAD]

ASH also says it will help to defend the legality of bans on smoking on streets, sidewalks, and in other public places as it did successfully in the past.

PROFESSOR JOHN F. BANZHAF III
Executive Director and Chief Counsel
Action on Smoking and Health (ASH)
2013 H Street, NW
Washington, DC 20006, USA

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Action on Smoking and Health (ASH)
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