The Case Against Smoking Bans
R I S K
Despite their popularity, government-mandated smoking bans are not justified.
The Case Against Smoking Bans
T HOMAS A. L AMBERT
University of Missouri–Columbia School of Law
In recent months, dozens of localities and a number of states have enacted sweeping smoking bans. The bans generally forbid smoking in “public” places, which are defined to include not only publicly owned facilities but also privately owned properties to which members of the public are invited (e.g., bars, restaurants, hotel lobbies, etc.). Proponents of the bans insist that they are necessary to reduce risks to public health and welfare and to protect the rights of nonsmoking patrons and employees of the regulated establishments. Specifically, ban advocates have offered three justifications for government-imposed bans: First, they claim that such bans are warranted because indoor smoking involves a “negative externality,” the market failure normally invoked to justify regulation of the ambient environment. In addition, advocates assert that smoking bans shape individual preferences against smoking, thereby reducing the number of smokers in society. Finally, proponents argue that smoking bans are justified, regardless of whether any market failure is present, simply because of the health risks associated with inhalation of environmental tobacco smoke (ets), commonly referred to as “secondhand smoke.” This article contends that government-imposed smoking bans cannot be justified as responses to market failure, as means of shaping preferences, or on risk-reduction grounds. Smoking bans reduce public welfare by preventing an optimal allocation of nonsmoking and smoking-permitted public places. A laissez-faire approach better accommodates heterogeneous preferences regarding public smoking.
THE EXTERNALITY ARGUMENT
to combat the inefficiencies created by negative externalities. Negative externalities are costs that are not borne by the party in charge of the process that
Despite their popularity, government-mandated smoking bans are not justified.
The Case Against Smoking Bans
T HOMAS A. L AMBERT
University of Missouri–Columbia School of Law
In recent months, dozens of localities and a number of states have enacted sweeping smoking bans. The bans generally forbid smoking in “public” places, which are defined to include not only publicly owned facilities but also privately owned properties to which members of the public are invited (e.g., bars, restaurants, hotel lobbies, etc.). Proponents of the bans insist that they are necessary to reduce risks to public health and welfare and to protect the rights of nonsmoking patrons and employees of the regulated establishments. Specifically, ban advocates have offered three justifications for government-imposed bans: First, they claim that such bans are warranted because indoor smoking involves a “negative externality,” the market failure normally invoked to justify regulation of the ambient environment. In addition, advocates assert that smoking bans shape individual preferences against smoking, thereby reducing the number of smokers in society. Finally, proponents argue that smoking bans are justified, regardless of whether any market failure is present, simply because of the health risks associated with inhalation of environmental tobacco smoke (ets), commonly referred to as “secondhand smoke.” This article contends that government-imposed smoking bans cannot be justified as responses to market failure, as means of shaping preferences, or on risk-reduction grounds. Smoking bans reduce public welfare by preventing an optimal allocation of nonsmoking and smoking-permitted public places. A laissez-faire approach better accommodates heterogeneous preferences regarding public smoking.
THE EXTERNALITY ARGUMENT
to combat the inefficiencies created by negative externalities. Negative externalities are costs that are not borne by the party in charge of the process that