THE UNABRIDGED RIGHT TO PEACEABLY ASSEMBLE

A First Amendment Right. ¹ Yet local and state laws have increasingly barred smokers from assembling with other smokers in the gamut of public places, both indoors and out, including ballparks and beaches. ² "Smokers Only" establishments have also been forbidden, which extends the discrimination even further than the wilder outer reaches of Jim Crow. ³ And then the laws go even further: In Davis and Palo Alto, CA, it's a crime to smoke on the street (within 20 feet of a building) or a park (if you're sitting down). In Bellaire, TX, a suburb of Houston, smoking in public parks nets a $500 fine, because, according to City Councilman Dan Hayesk, "Smokers set a bad example for young visitors." ⁴ Have the limits been reached? Well, maybe not. In the last windy gasp of the 103rd Congress, legislation was proposed by Henry A. Waxman (D, CA) that would have criminalized smoking (federal crime) in every single building in the United States of America that was frequented by 10 or more people within a week. ⁵

(1) "Congress shall make no law...abridging.. the right of the people peaceably to assemble."
(2) To name but 2 beaches, Hanauma Bay, Honolulu (USA Today, 12/13/94) and Sharon, MA, (NY Times, 4/2/95). Smoking will get you a $25 fine. Several towns in New Jersey have similar bans in beaches and dozens of proposals are under consideration elsewhere, including two Maryland counties. (NY Times 5/5/96)
(3) Almost all city and state ordinances that prohibit smoking in a category of places, also expressly prohibit the establishment of any such places for smokers only. Whereas Jim Crow was satisfied to settle for segregation, anti-smokers have moved directly to a policy of absolute exclusion.
(4) Philadelphia Inquirer, 3/3/96. Smoking on the street nets $100 fine. Texas parks, NY Times 5/5/96.
(5) Titled HR-3434. If the Democrats win the Congress in 1996, Mr. Waxman will resume his position of great power and will surely, once again, propose his legislation.