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Nanny State of the Week: Bad science guides Novato nannies

By   /   March 27, 2017  /   News  /   No Comments

Part 121 of 121 in the series Nanny State of the Week
Courtesy of Flickr user Brian Lamb

SMOKING? THINK AGAIN: The city of Novato, Calif., has instituted an anti-smoking ordinance that will outlaw smoking in your own home.

Anti-smoking nannies have pushed their crusade further and further, and in California, they’re increasingly reaching into peoples’ lives. Next up? They’re trying to prohibit smoking inside your own home.

The city of Novato has passed one of the most sweeping anti-smoking ordinances in the country. It prohibits smoking in all restaurants, service areas, public parks, apartment buildings, condo units and more.

In fact, the ordinance is so sweeping that it specifies the two places where smoking is not banned: inside of private cars and in single-family detached homes. Live in an apartment building? You’re out of luck. Own your own condo inside of a complex? Also out of luck. Smoking is prohibited almost everywhere else.

The ban is a natural extension of the extremist logic that has driven other smoking bans in California.

California was the first state to prohibit smoking inside of restaurants and bars, and the city of San Rafael was first to ban smoking inside of commonly-shared homes. This is an increasingly popular kind of regulation, but it’s based on junk science — studies have shown little relationship between second-hand smoke and cancer.

What’s worse, the Novato regulation prohibits e-cigarettes and vaping products in the same way. E-cigarettes and vaping products are frequently used by smokers to stop smoking, and have been shown to be safer than traditional tobacco products.

This isn’t strictly Novato’s fault: They’re following the misguided suggestions of California’s Tobacco Education and Research Oversight Committee, which advises that e-cigarette products should be prohibited everywhere traditional tobacco products are.

The regulations effectively outlaw smoking for people who aren’t extremely wealthy. As Steven Greenhut at The American Spectator reported:

The law targets lower-income people given that single-family homes are exempt in a city where the median single-home value is around $745,000. It acknowledges no difference between cigarette smoking, which is unquestionably dangerous, and the use of vaping products and other nicotine products that are far less dangerous to users — and have few discernible “externalities” that could inflict harm on others. It’s an affront to property rights since the law dictates the terms of leases and makes no distinction between private and public property.

If you don’t own a single-family home or car and your landlord doesn’t choose to provide a carefully designated smoking area that meets the city’s detailed rules, there is no legal place to use tobacco products in the entire city given that it’s banned virtually everywhere else.

As an additional justification, Novato’s ordinance cites “the failure of tobacco retailers to comply with all tobacco control laws, particularly laws prohibiting the sale of tobacco products to minors,” even though Novato is a remarkably compliant jurisdiction. According to the Food and Drug Administration’s random compliance checks, Novato has had only one violation in the last five years — a 98.2 percent compliance rate, according to the FDA’s database.

Novato’s incredibly stringent regulations are based on bad science and bad statistics. If policymakers want to implement evidence-based policymaking, they would do well not to follow the lead of nannies obsessed with controlling behavior.

Part of 121 in the series Nanny State of the Week
  1. Nanny-state state of the week: MD may become first to ban Vaportinis
  2. Nanny-state city of the week: Minneapolis wants to ban take-out trays
  3. Skim is in: CT lawmakers want to ban whole milk in day cares
  4. Nanny state of the week: Fairfax, VA, wants to limit the right to assemble
  5. Nanny state of the week: SC — and Schumer — for duplicative efforts to ban powdered alcohol
  6. Nanny of the Week: Virginia hoses down car wash fundraisers
  7. Nanny of the Week: Even a summertime trip to the beach can’t be nanny-free
  8. Nanny of the week: Federal authorities think feral cats can read signs
  9. Nanny of the week: Cambridge wants to ban ride-sharing services like Uber and Lyft
  10. Nanny-stater of the week: NY lawmaker wants to ban photos with tigers
  11. Nanny-stater of the Week: Who needs cupcakes and candy? Here, have a pencil
  12. Nanny-stater of the week: Fargo limits kids to less than four shots of juice per day
  13. Nanny-stater of the week: Wisconsin towns fight repeal of bow ban
  14. Nanny of the week: No fun in the sun, thanks to Congress and FDA
  15. Nanny-stater of the week: DOT to ban cell phone use on planes
  16. Nanny of the week: The out-of-control trend of arresting non-helicopter moms
  17. Nanny of the Week: Vermont city could ban ‘human activity’
  18. Nanny of the Week: Mississippi makes bird feeders illegal – by accident
  19. Nanny of the week: MO town bans breastfeeding near pools
  20. Nanny of the Week: School bans lip balm, 11 year-old girl fights back
  21. Watchdog.org blows lid off Vermont’s bake sale brownie ban
  22. Nanny of the Week: Seattle imposes fine on residents who throw away food
  23. Nanny of the Week: California bans plastic bags
  24. Nanny of the week: Maybe this time it will be different for Chicago
  25. Nanny of the Week: Florida growls at craft breweries’ growlers
  26. Nanny of the Week: Massachusetts town seeking to ban tobacco faces uprising from residents
  27. Nanny of the Week: Proposed bans on Thanksgiving Day shopping
  28. Nanny of the week: U.S. government bans ‘Comfyballs’ underwear
  29. Nanny of the Week: Better take down those holiday decorations
  30. Nanny of the week: Towns ban sledding
  31. Nanny of the Week: New York City plans to ban out-of-state cars
  32. Nanny of the Week: Snow-shoveling teens get in trouble with the law
  33. Nanny of the Week: Get caught wearing yoga pants three times, go to jail for life
  34. Nanny of the Week: Georgia lawmaker wants to ban mermaids, werewolves, other fictional creatures from real life
  35. Nanny State of the Week: Endangering manatees in Florida
  36. Nanny of the Week: Christie caves to protectionist gravestone proposal in N.J.
  37. Nanny of the Week: Don’t mix beer and ice cream – because of the children
  38. Nanny of the Week: Is the minimum wage a nanny state policy?
  39. Nanny of the Week: Republican in NY backs cat declawing ban
  40. Nanny of the Week: NJ continues ban on self-serve gasoline, because sometimes it snows
  41. Nanny of the Week: Bernie Sanders is coming for your deodorant
  42. Nanny of the Week: Will babies confuse beer for their binkies?
  43. Nanny of the Week: Weeds will prevail in Maryland lawn care ban
  44. Nanny State of the Week: FDA bans trans-fats
  45. Nanny State of the Week: L.A. plans to jail unlicensed street vendors
  46. Nanny ST8 of the Week: Anti-government messages not allowed on license plates
  47. Nanny State of the Week: Helicopters, horses and New York City
  48. Nanny State of the Week: Lawsuit challenges Seattle trash snooping
  49. Nanny State of the Week: Town officials mandate mowing
  50. Nanny State of the Week: Florida county sends environmental specialist to investigate BBQ
  51. Nanny State: Despite menu nannies, Americans still fat!
  52. Nanny State of the Week: New York City’s ban on Styrofoam hurts businesses, consumers
  53. Nanny State of the Week: Colorado Springs may ban sitting in public places
  54. Nanny State of the Week: New York’s soda ban could be back — but for kids only
  55. Nanny State of the Week: D.C. flexing licensing muscles at personal trainers
  56. Nanny State of the Week: Hammock bans mean no hanging out on college campuses
  57. Nanny State of the Week: County can use same lawn treatments it banned residents from using
  58. Nanny State of the Week: Pols want to ban daily fantasy sports
  59. Nanny State of the Week: Bay Area bureaucrats ban fireplaces, wood stoves
  60. Nanny State of the Week: Halloween for the politically correct only
  61. Nanny State of the Week: Governments lag behind the public on orca captivity ban
  62. Nanny State of the Week: New York might accidentally ban makeup
  63. Nanny State of the Week: California could be first state to apply no-fly list to guns
  64. Nanny State of the Week: University may block social media app in futile effort to combat racism
  65. Nanny State of the Week: City fines residents for chipped paint, mismatched curtains
  66. Nanny State of the Week: No Christmas in Bethlehem this year
  67. Nanny State of the Week: Connecticut may outlaw smoking in many cars
  68. Nanny State of the Week: Town inspection checks whether you cleaned your toilet
  69. Nanny State of the Week: Minnesota men facing felony charges for selling beer
  70. Nanny State of the Week: City rewrites law to block theater from getting liquor license
  71. Nanny State of the Week: FDA goes beyond the pale, prepares to ban teen tanning
  72. Nanny State of the Week: Charleston’s storied history is off-limits to the unlicensed
  73. Nanny State of the Week: Feds marketing food stamps with bingo games, TV ads
  74. Nanny State of the Week: No sipping and selling for Alabama winemakers
  75. Nanny State of the Week: Jail time for texting while walking in New Jersey
  76. Nanny State of the Week: In time for Opening Day, cities ban chewing tobacco at ballparks
  77. Nanny State of the Week: Feds send LSD Ale on a long, strange trip
  78. Nanny State of the Week: Happy Tax Day! Now get ready to pay more to file
  79. Nanny State of the Week: A state license for breast-feeding advice?
  80. Nanny State of the Week: School officials bully kids with ban on skinny jeans
  81. Nanny State of the Week: FDA fries family’s potato chip business with new cooking oil mandates
  82. Nanny State of the Week: CFPB knows what is best for your personal finances
  83. Nanny State of the Week: City cracks down on crawfish boils after mayor’s aide complains
  84. Nanny State of the Week: Florida couple still fighting for their vegetable garden
  85. Nanny State of the Week: State lawmakers to decide where you can get an Uber in Boston
  86. Nanny State of the Week: Businesses can’t sell parking spaces to Braves fans
  87. Nanny State of the Week: OK, everybody’s foam toys, out of the pool
  88. Nanny State of the Week: Get out of the pool!
  89. Nanny State of the Week: Common sense goes to the dogs in Phoenix
  90. Nanny State Of The Week: It’s nanny-on-nanny in Portland pot dispute
  91. Nanny State of the Week: Your pool isn’t cool
  92. Nanny State of the Week: You can’t be trusted to rent to your family
  93. Nanny State of the Week: Protecting pub crawlers from themselves
  94. Nanny State of the Week: Government fingerprints on your beer bottle
  95. Nanny State of the Week: Swimming with dolphins? Not if NOAA gets its way
  96. Nanny State of the Week: Keep your kids off the trees
  97. Nanny State of the Week: No property rights without paperwork
  98. Nanny State of the Week: Chicken nannies hatch new regulations
  99. Environmental nannies can’t regulate cow farts — yet
  100. Nanny State of the Week: Silence is golden in Worcester
  101. Nanny State of the Week: Land regulation trampling on cultural history
  102. Nanny State of the Week: New Jersey’s great leaf-blowing war
  103. Nanny State of the Week: New York bans homesharing ads
  104. Nanny State of the Week: Food truck destruction by the health nannies
  105. Nanny State of the Week: Chicago tries again with plastic bag tax
  106. Nanny State of the Week: Butts out in public housing
  107. Nanny State of the Week: Baltimore closes in on toy gun ban
  108. Nanny State of the Week: D.C. nannycrats ‘sting’ Airbnb
  109. Nanny State of the Week: Pursuing porn in the Palmetto State
  110. Nanny State of the Week: Too much summer fun on New Jersey lakes
  111. Nanny State of the Week: Public housing should go to the dogs
  112. Nanny State of the Week: The revolution will not be livestreamed from Congress
  113. Nanny State of the Week: California slow-pedals autonomous cars
  114. Nanny State of the Week: Aspen City Council helps the rich stay rich
  115. Nanny State of the Week: No more taco trucks on Santa Ana corners?
  116. Nanny State of the Week: The Burbank homes are too darn big
  117. Nanny State of the Week: Pesticide regulation full of bugs
  118. Nanny State of the Week: Anchorage’s no-drone zone
  119. Nanny State of the Week: Regulate all the teenagers
  120. Nanny State of the Week: Texas messes with winemaking
  121. Nanny State of the Week: Bad science guides Novato nannies

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Kevin Glass is Director of Policy and Outreach at the Franklin Center. He has covered politics and policy in Washington, D.C. for eight years. A graduate of Colgate University, Kevin has served as Assistant Managing Editor at the Washington Examiner and Managing Editor at Townhall. He has been published by National Review, The American Spectator, and The Atlantic, among others. He lives in Washington, D.C.