Amendments to the Utah Clean Air Act— Smoking In Private Establishments: Protected Right or Public Threat?
Abstract
What is a protected right? Many opponents of smoking bans feel that they are entitled to certain rights or privileges when in reality what they claim as rights are not rights at all. This article describes the conflict between smokers and non-smokers and the debate of amending the Utah Clean Air Act to include a ban on smoking in all establishments, private or public. Through exploring the benefits of Clean Air policies, and national smoking ban court cases, this article will define whose rights are being violated, the establishment owners or those exposed to second hand smoke. The Author concludes that the rights being violated are those of the Non-Smoker and that the debate is not a smoker’s rights issue but a health issue. Thus smoking should be banned in all locations where the public congregates.Authors who publish with this journal agree to the following terms:
a) Authors retain copyright over their work, while allowing the conference to place this unpublished work under a Creative Commons Attribution License, which allows others to freely access, use, and share the work, with an acknowledgement of the work's authorship and its initial presentation at this conference.
b) Authors are able to waive the terms of the CC license and enter into separate, additional contractual arrangements for the non-exclusive distribution and subsequent publication of this work (e.g., publish a revised version in a journal, post it to an institutional repository or publish it in a book), with an acknowledgement of its initial presentation at this conference.
c) In addition, authors are encouraged to post and share their work online (e.g., in institutional repositories or on their website) at any point before and after the conference.
d) The Author grants Marriott Library the nonexclusive, perpetual, worldwide, irrevocable right to reproduce, distribute, display, publish, archive, preserve, digitize, transcribe, translate, provide access and transmit their work (in whole or in part) for any non-commercial purpose including but not limited to archiving, academic research, and marketing in such tangible electronic formats as may be in existence now or hereafter developed.
e) Marriott Library may elect, in its sole discretion, not to exercise the rights granted herein.
f) Author shall retain copyright in and to the Work and Marriott Library shall provide proper attribution in its exercise of the rights granted herein.
g) Author is solely responsible and will indemnify and hold Marriott Library and/or the University of Utah harmless for any third party claims related to the Work as submitted for publication.