Howell: Smoking Ban in Apartments is Not for Folsom


Plans of Folsom city in Sacramento county, California, to introduce tougher smoking ban that extends to private apartments induced indignation from city leaders and residents.

Kerri Howell,  Folsom’s Councilwoman, expressed her negative opinion on the proposed expanding of smoking ban. She said that with such a law the Government tries to interfere with people’s choises. The government is reaching too far when imposes what man should and should not do in his private apartment. Yeah, some neighboring communities banned smoking in homes, but it is not for Folsom.

The proposed ban will also expand to bar and restaurant patios, and opposers consider it will affect businesses.

However, smoking ban in apartments arose a lot of debate. Brian Landsberg, professor in McGeorge School of Law, considers that decision to prohibit use of cigarettes in private homes is unconstitutional. A number of California communities already ban smoking in apartments and this may convince the courts to support the ban.

Major problem that Landsberg sees in this law it is its enforcement.

Howell, a smoker herself, says that smokers have their right to do what they want in their apartments, including smoking. It is unclear when the ban would come into action and who would be responsable for its enforcement. However, on the last meeting the ban was supported by majority of Council Members.

According to Howell, in her discussions with residents there were many non-smokers who are against the proposal. The Council should take into consideration resident’s opinions before passing the law.

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