Smokers rights

The following is a list of smoking bans in the United States.

Article One of the Constitution of the United States does not grant the United States Congress the specific power to regulate smoking or tobacco use. Conceivably, however, Congress could attempt to enact a nationwide smoking ban using, for example, the Commerce Clause by regulating tobacco, including where it is consumed, or the Taxing and Spending Clause, by making a state's access to certain federal funds contingent on the state adopting a statewide smoking ban. Alternatively, Congress could attempt to amend the Constitution to prohibit smoking nationwide (as it did to enact Prohibition in the United States by means of the Eighteenth Amendment in 1919). But no proposal for any of these measures ever has ever been put forth before Congress.

Therefore, smoking bans in the United States are only a product of state and local criminal and occupational safety and health laws. What follows is a list of such state and local laws. Over 50% of Americans are covered by a 100% smoking ban.^[1] For smoking bans and restrictions outside the United States, see the worldwide list of smoking bans.

Are Smoking areas just another form of segragation?

Unlawful discrimination can be characterized as direct or slightly less direct. Direct discrimination involves treating someone less favorably because of their possession of an attribute (e.g., sex, age, race, religion, family status, national origin, military status, disability), compared with someone without that attribute in the same circumstances. An example of direct discrimination would be not giving a woman a job because she is more likely to take maternity leave. Indirect discrimination involves setting a condition or requirement which a smaller proportion of those with the attribute are able to comply with, without reasonable justification. The case of Griggs v. Duke Power Company[2] provides an example of indirect discrimination, where an aptitude test used in job applications was found "to disqualify Negroes at a substantially higher rate than white applicants".

Discrimination

In general, discrimination is the discernment of qualities and recognition of the differences between things. This article focuses on discrimination amongst people—that is, the prejudicial treatment of different groups of people based on certain characteristics. Discrimination on grounds such as race or religion, is generally illegal in most Western democracies, while discriminating between people on the grounds of merit is usually lawful. The latter is more commonly referred to as "differentiating." When unlawful discrimination takes place, it is often described as discrimination against a person or group of people.