Group Seeks To Expand South Bay Smoking Bans

SAN JOSE (KCBS) — An anti-smoking group in Silicon Valley is trying to get more cities to enact smoking bans in apartment buildings, condos and townhouses. Santa Clara County passed such an ordinance last year, and now Breathe California is hoping the effort can spread to the more urban areas.

KCBS’ Mike Colgan Reports:

The ordinance, which takes effect next year in the unincorporated parts of the county, was authored by Supervisor Ken Yeager.

”We learn more and more about the harmful effects of secondhand smoke,” said Yeager. “And nothing is worse than living in some of these apartments where adults, and particularly the kids, are inhaling this second and third-hand smoke that exists. We know from studies that the health effects are really terrible.”

Stanford professor Neil Kelpeis recently completed a study that showed smoke can easily spread from one apartment to another.

”There are a lot of tiny cracks and crevices between these apartments, and if there’s enough air flow going in between them the smoke can go into an adjoining unit,” said Kelpeis.

The latest numbers show that only one in ten Silicon Valley residents still smoke.

(© 2011 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

More from Mike Colgan
  • Just sayin'

    Bye Bye Nasty Smokers

  • Bloodhounds

    Let’s get it on the California ballot for Nov. to make smoking illegal in Cali. I’m all for it!

  • Hate Everything

    I want to vote on banning fat people, trailer park trash and banning cars! Whoo Hooo!!!!!

  • crw

    Nieghborhoods smell like marijuana, stoned drivers on the road by making marijuana legal but yet we cant smoke because you dont like the smell and contact. What BS

  • Adam White

    A government smoking ban in the home, or upon any privately held property, is unconstitutional for many reasons, namely it’s a violation of the 5’th amendment. The government cannot restrict the lawful free exercise of private property without just compensation. In fact, every government restriction of lawful activity on private property is unconstitutional, including zoning regulations! Forget about your opinions on second hand smoke, and ask yourself if the government should have the power to restrict lawful activity in one’s own home. If you are truly harmed by second hand smoke, then you already have the civil courts at your disposal to remedy such harm. Remember, you are not required by law to answer your door to the police unless you called them, and that even an infraction requires proof beyond a reasonable doubt for conviction. If you never open your door to the police, and close the blinds when you smoke, then it is impossible to be convicted for a smoking infraction or misdemeanour. For instance, suppose your neighbour detects tobacco smoke, and further suppose that he can scientifically prove it to be tobacco smoke, then it only proves that some person smoked inside the other unit, not that YOU smoked or that you even permitted smoking under your care, and even if it did, any positive law that requires a private citizen to enforce the law against others would probably be unconstitutional (i.e. you are not required by law to report a crime that you have witnessed; however, you are required to provide witness testimony if subpoenaed, but you can always take the 5’th, lol).

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