Smokers Could Face Jail Time for Lighting-Up in Public

Nanny State Liberation Front; July 19, 2010

An anti-smoking law that goes in to effect next month in a New Jersey township could put smokers behind bars if they don’t watch their ‘butts.’ Critics of the Denville, N.J. smoking ban say it is unlike any other municipal crackdown on smokers because of the severe penalties it will inflict on “errant smokers.”

Effective August 10, the Denville anti-smoking ordinance will target cigarette, pipe and cigar smokers caught lighting-up in “parking lots, bleachers, playgrounds and adjoining sidewalks,” warned the International Premium Cigar & Pipe Retailers Association (IPCPRA) in a July 18 press release.

“A fine of up to $100 or up to two days of community service will be applied to first-time offenders which second-time offenders could face up to a $250 fine or five days of community service,” the IPCPRA warns smokers. “Third time offenders will face “up to a $500 fine or community service of at least 10 days or any combination of fine, imprisonment and community service determined by the municipal court.”

Chris McCalla, legislative director of the IPCPRA, questioned the town council’s motivation for passing such a draconian measure that includes hefty fines, community service and jail time. He ruled out the town’s concerns about discarded butts causing a litter problem, as well as any potential harm caused by secondhand smoke as motivating factors, leaving him to assume that anti-smoking lobbyists promoting junk science helped trick officials in to pass this “over the top” ordinance.

“It can’t be claims of littering, because there are laws against littering and it doesn’t make sense to clutter the codes with more unenforced laws. It certainly can’t be related to secondhand smoke, because it has been proven that there are, indeed, safe levels of secondhand smoke as established by the Occupational Safety and Health Administration of the United States Department of Labor, especially outdoors,” McCalla said. “We can only assume that the council has been duped by anti-smoking forces who use unscientific and often false claims to support their outlandish allegations.”

McCalla said the penalties to be imposed on violators of the town’s anti-smoking law are “over the top as far as abuse of individual rights goes,” adding, “The council members have taken far too much power into their hands in an effort to legislate the behavior of their constituents.”

Contact the Denville Town Council’s seven members and let them know they should be focusing their law enforcement efforts on ‘real’ criminals that pose serious risks to members of the community instead of treating “errant smokers” like ‘America’s Most Wanted.’