San Anselmo Homeless Shelter There Is No Constitutional Right to Smoke San Anselmo Homeless Shelter San Anselmo R1 Homeless Shelter

Monday, June 1, 2015

There Is No Constitutional Right to Smoke



There is no constitutional right to smoke. Smoking has never been recognized as a fundamental right.  Neither the Due Process Clause nor the Right to Privacy Clause of the Constitution extend to smokers. Smokers are not a protected class and the rights of privacy do not apply.

So far, the homeless are not a protected class. If they were, that distinction would relate to employment discrimination, and not the right to smoke. No one has that right.

Unfortunately, a disproportionate number of homeless smoke, more than 75%.  Doctors say it is time to intervene: "The rate of smoking among homeless people is four times that of the U.S. adult population..... And the rate of smoking-related deaths is twice that among people with homes."
 
Most homeless shelters do not allow smoking indoors, but the homeless continue to smoke outside and reinforce their culture of tobacco use. Quitting is difficult for people who are not homeless and do not have the stress of food and shelter insecurity, but that doesn't mean that laws can be broken

The article ends with the conclusion that doing nothing about this problem is unacceptable.  The authors make three important suggestions: mandating smoke free shelters and environments, smoking cessation classes and financial incentives to quit smoking. They seem like good ideas to me.

You have to wonder why the REST group is so insistent on permitting smoking in their shelters that they are willing to take the extra step and supply personal air filters to their residents to circumvent laws about smoking on school yards. That is aiding and abetting, not resolving the smoking problem. The neighbors  need to be protected from the dangers of second hand smoke because it kills almost 50,000 people a year.

San Anselmo ordinances protect neighbors from second hand smoke and they need to be enforced.



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