Specifically I want to push to to make “secondhand smoke as a legally actionable nuisance” and would appreciate some opinions or even hear out any arguments against my opinion on this.I’m not sure where to start, maybe some petition, a facebook group?My idea is that maybe if enough people put enough pressure on politicians, together we can make a difference for the better.Hear me out…
It is unequivocally established that second hand smoke causes harm. If someone wants to harm themselves, that’s up to them. But knowingly harming other people is not right and needs to be lawfully actionable.If someone is smoking in public or private residence(such as balcony), and their second hand smoke is coming in your property. If you are lucky, you notice in time and close any widows you have open to avoid this nuisance. If however you don’t notice in time, you now have 2 options.
1. Close windows and wait to reopen them after the smoker stopped. This has a detriment to your health, as you now have to breath-in the second hand smoke in your property with no way to ventilate
2. Keep windows open to ventilate, This is also a detriment to your health, and perhaps a worse option as even more smoke comes in your home.
The above is worsened when you have children as they are more susceptible to the harmful effects of smoke. With death (SIDS) as a worst case scenario.1 link of many with just a few google searches[https://www.cdc.gov/tobacco/data_statistics/fact_sheets/secondhand_smoke/health_effects/index.htm](https://www.cdc.gov/tobacco/data_statistics/fact_sheets/secondhand_smoke/health_effects/index.htm)
For the smokers here, understand, the problem isn’t that you smoke. The problem is that your actions cause harm to others. Once you are made aware of that, it should be your responsibility to find a spot where to smoke where it doesn’t harm anyone.
To clarify on what my opinion of a nuisance like this would be.”Daily prolonged repeated episodes”.Essentially meaning, anyone smoking in a single spot, repeatedly and daily where their smoke comes in your property without permission.So a person waking somewhere in the street, even if everyday, would not count, as the smoke would only persist for few seconds.
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Vehicle exhaust fumes are known to be toxic yet I assume you have no issue driving your car past pedestrians and houses. You let your car idle at the lights while people are on the sidewalk. You contribute to global warming with no thought to those around you and the impact it may have on them or their children. If you catch the bus you’re still doing the same it’s just not you driving.
Most smokers are polite and try to keep their smoke away from others … move away from those that aren’t and get on with your life. No one’s deliberately trying to kill or harm you … they’re just living their lives as you should yours.
For context I’m an ex smoker that gave up about a decade ago. I think cigarettes are poison but so is alcohol and I’m happy for others to have the freedom to live as they please.
If you are a citizen of Malta and entitled to a vote in Malta in the general election then you can submit the petition the Petitions Committee of the House of Representatives of Malta. That being said, I haven’t understood exactly what remedy you are seeking exactly through this proposed specific change in law and why exactly is there a need of a specific law for this.
Was actually thinking about this the other day. Was running in a busy area (St.Julians) and kept getting stuck behind people smoking. Breathing more heavily due to exercise, the idea of second hand smoking after every smoker I passed was definitely apparent. No one really considers their surroundings before lighting a cigarette here.
Like to see that someone else at least sees it as an issue. Definitely not an easy thing to solve but discussion is a good first step!
I mean I don’t really agree with what you’re saying and I fucking **hate** cigarettes.
But I guess if you want to get this done, you would need to submit a petition. I guess you could start by forming a pressure group and finding interested people through Facebook, then making a petition to parliament. Find unbiased and ideally peer-reviewed research that supports your claims. You could also appeal to politicians (like the MPs in your district) by contacting them through their official government emails.
**EDIT:** About this point you made
>For the smokers here, understand, the problem isn’t that you smoke. The problem is that your actions cause harm to others. Once you are made aware of that, it should be your responsibility to find a spot where to smoke where it doesn’t harm anyone.
You’re not gonna get much support if you want to restrict the possibility of people smoking in their own homes. I’m just being realistic.
People happened to be allowed to smoke in their property or on their balcony or in their garden. Maybe all this lockdown shit has given you an idea to rob people from some more freedoms but I’m afraid merely thinking about limiting ones freedom in their own property is already a step too far. Also thinking that this kind of second hand smoke is going to kill you is exaggerated. Non smoker here btw.
This is a non starter for a myriad of reasons; I will outline a few.
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1. This is practically unenforceable, without expending a huge amount of law enforcement resources.
2. This would set a precedent of the government interfering in what, perfectly legal, activities people can engage in on their own, private, property.
3. While second hand smoke is undoubtedly bad for you (though I have serious doubts that the tiny amount drifting in from your neighbors balcony is any more harmful than dozens of things people willingly expose themselves to on a daily basis), other activities that people engage in can be harmful or dangerous too.
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For example, I work nights, as do many people in many vital industries and services. So, in the summer when my neighbors are spending a lot of time outside with loud music all afternoon, I lose a lot of sleep. This is not only detrimental to my health but it may force people to drive or do their job while extremely tired, which leads to mistakes. Mistakes that can put other peoples lives in danger. So, shall we have daytime noise restrictions now too?
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Lastly, the law isn’t there to protect people from every single possible danger to their life or health that exists, only the serious or egregious ones. People are exposed to many different hazards on a daily basis, different people have different standards of what risks are acceptable. It is up to YOU to assess these risks and take actions accordingly, it is not up to the government to do this for you (Except in extreme cases).
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If you ask your neighbor politely to refrain from smoking close your windows and they refuse, sure they are an asshole, but being an asshole isn’t and shouldn’t be illegal. The consequences of this behavior is, and should remain, a social issue.
You are pissing in the wind here mate. Even the most serious crimes are not monitored properly.
If they wanted to stop drunk driving, it’d be an easy fix. The entire mentality of the government and police needs changing to get anything done.
I have neighbours on both sides who are way too loud all day and night, and it breaks the law. But nothing gets done if I complain. People shouldn’t park in front of garages but they do all day every day.
Honestly, you’d be best just moving. It’s the only solution here.
That it heaven forbid just talking to your neighbour about it.