Clear the Air: New Orleans Bans Smoking in all Public Places

There’s an old saying “smoke ‘em if you got ‘em,” well that no longer applies in New Orleans.

The city council passed a law on Thursday that prohibits smoking in bars, casinos, private clubs, and even in car while waiting in line at a drive-through. 

Council members unanimously voted to ban smoking, regular or electronic cigarettes, indoors and outdoors, claiming there is “no constitutional right” to smoke. 

“[T]here is no legal or constitutional ‘right to smoke,’” the ordinance said. “Business owners have no legal or constitutional right to expose their employees and customers to the toxic chemicals in secondhand smoke. On the contrary, employers have a common law duty to provide their workers with a workplace that is not unreasonably dangerous.”

People smoking in public places in New Orleans could be fined $50 as public nuisance.

© Flickr / rbreve

People smoking in public places including aquariums, landromats, parking structures, trailer parks, condos, restaurants, shopping malls, outdoor stadiums and amphitheaters, libraries, theaters, lobbies, will be fined $50 as “public nuisance.” 

Private clubs, private and semi-private rooms in nursing homes, places of employment, correctional facilities, school buses, and all schools and colleges are also considered public places.

No smoking is allowed in many outdoor areas like construction sites, amusement parks, athletic fields, beaches, fairgrounds, gardens, golf courses, parks, plazas, skate parks, swimming pools, trails, and zoos. 

A second violation carries a $200 fine, and a third, if committed within the last year, can be as high as $500.

Businesses can have permits suspended if they allow smoking on their premises.