Edward Carroll, outside of Loyola's Centential Forum Student Union.
The average temperatures for Chicago winters can vary from 18 to 38 degrees, but most residents will tell you it’s the wind chill that creates inhospitable conditions. While many seek refuge by commuting in the comfort of their cars, others huddle in bus shelters, incubate under heating lamps on the elevated platforms, or simply endure the cold as they shuffle quickly to their destinations.
To Michelle Imburglia, a 20-year-old student hailing from the suburb of Mount Prospect, the climate is all too familiar. Under her fire-engine red peacoat, Imburglia usually layers with sweatshirts and a thick black scarf. She wears leggings and high-rise socks under her jeans to protect against the biting chill as she walks the few blocks between her apartment and the Loyola University campus.
But Imburglia spends far more than the few minutes between her classes in the dismal conditions. As a habitual smoker, she frequently steps outside to smoke a Marlboro Light cigarette.
Less than two years ago, Imburgia found refuge during the winter months in coffee shops and restaurants with designated smoking sections. “I’d spend a lot of time at Denny’s or at IHOP, and get a cup of coffee and read a book,” she said during a recent interview. “I used to go there because I could smoke, and now I can’t do that anymore.”
As of January 1, 2008, Illinois joined 22 other states as its Smoke-free Illinois Act took effect. Banning cigarette smoking in all publicly patronized establishments, including privately operated bars and restaurants, the act seeks to combat health risks caused by secondhand smoke. Since the early 1970s, a barrage of studies has all but confirmed that a range of medical problems, including increased rates of lung cancer and cardiovascular disease, can be caused by a non-smoker’s exposure to carcinogens in cigarette smoke.
The recent discovery of an effect called “third-hand smoke” may result in further harsh restrictions on the legal consumption of nicotine. According to a study published in the January issue of the medical journal, Pediatrics, particles including “heavy metals, carcinogens and even radioactive materials” that result from smoking can cling to fabrics and hair follicles long after second-hand smoke has been filtered out. The findings are particularly relevant with regard to infants, who, in their endless exploration of their homes, can ingest these particles through cushions or carpet fibers.
In response to such health findings, smoke-free laws come as a hardly noticeable shift in public policy. Regulations on tobacco have accumulated since 1613, from the early sale of products to later legislation regarding consumption and advertising. Sidled along with alcohol, tobacco products were considered morally reprehensible during the Prohibition era of the early 20th Century. As the dangers of these and other once-common drugs began to surface, thanks to scientific and research developments, the urge to prevent the use of tobacco has only increased.
Motivated by medical and other concerns, including promotion of clean air, reduction of health care costs, and reducing fire hazards, most smoking bans in this century and the last have been enacted largely without opposition. However, opponents of smoking have now turned their gaze toward what were once considered sacred, inviolable space: private property.
State bans on smoking in private business establishments, while they have enjoyed a great deal of support, also have faced opposition, primarily from those of a libertarian bent. Jonathan Wilde, contributor to the classical liberal blog, The Distributed Republic, examines the passage of an early Florida smoking ban with respect to the harm principle. As popularized by political theorist John Stuart Mill in On Liberty, the harm principle contends that the state is justified in intervening in one’s personal activities only insofar as they pose a direct and unavoidable harm to others.
While research has provided definite evidence for the potential harm of secondhand smoke, Wilde writes, “the debate is not about smokers vs. non-smokers… rather, the debate is about control of an individual's property by himself vs. by the mob.”
Focusing on the rights of private business owners to set their own standards of conduct, as well as the freedom of customers to patronize smoke-free restaurants, Wilde claims that laws like the Smoke-free Illinois Act become not an issue of public health, but rather an intervention in private, voluntary interactions between business and customer.
“For someone to step onto another's property and demand that the owner set the rules for his liking is rude,” Wilde writes. “For the guest to actually use government force to make it happen is an act of aggression and a violation of the owner's rights. It is an infringement of the freedom from violence that is owed to the individual due to his nature as a man.”
Despite Wilde and the vocal minority in his camp, a barrage of new legislation has continued to spill over into the boundaries of private property. Spearheaded by a vocal group of citizens of Bonnie Brae Terrace, a retirement home in San Mateo County, the city of Belmont, Calif., has outlawed smoking in most apartment buildings. Divided only by walls and ceilings, residents felt the habits of smokers in their complex to be both a health risk and an annoyance.
Belmont’s smoking ban reflects a giant step in the legislation of private property, from publicly patronized business to an individual’s residence. In order to satisfy nonsmoking customers, many business owners imposed their own smoking bans long before statewide legislation. In the realm of a personal living space, however, no such incentive exists, nor does the greater public face the danger of exposure.
“I don’t feel like it’s right for a smoker to put people at risk,” Imburglia says. “But there’s a point where it’s [regulation] just silly.”
Belmont joins the cities of Calabasas and Glendale, Calif., both of which have banned smoking in privately-owned, and privately-inhabited, apartment buildings. While anti-smoking advocates have high hopes for this new breed of state intervention, smokers like Imburglia say states have “reached the limit of public domain.”
“It’s not fair” she said. “It’s my home, you know. Renters have rights.” She also noted that such bans affect only those without the resources to own their own home, which she says is an implicit form of class warfare. “You’re not as free, just because you don’t have enough money.”
While it is uncertain whether other states will adopt such extensive measures, the consequences of even moderate bans seem to be far-reaching for those who legally indulge in nicotine.
“I think the laws have made people feel they have the right to chastise you,” Imburglia said, relating a story of a passer-by who, seeing her on the sidewalk, “rolled down his window and said, ‘You should be ashamed of yourself.’”
In a Gallup poll among smokers, the percentage who feel “unjustly discriminated against by society” has risen from 32 to 47 percent in the past six years. Public support for smoking bans in various locations, from workplaces to bars, has also risen.
Ray Goodrich, an 84-year-old resident who started the Belmont smoking ban through a letter-writing petition, sees the less-than-enthusiastic response from smokers as trivial. “The worst place you can be is between an addict and their fix,” Goodrich noted in an interview with the Belmont Journal.
The reality of addiction is readily apparent, thanks to scientific research. What remains unresolved, however, is the tacit conflict between individuals, from bar owners to sidewalk smokers, and the will of the majority imposed through state intervention.
Enough noise. What do you think about smoking bans?