A CONSUMER advocacy group on Sunday bewailed the growing discrimination against smokers and appealed for a fair enforcement of the new anti-smoking rules under Executive Order 26.
“Smoking is not an illicit activity under our laws. And smokers have rights too,” said Anton Israel, president of the Pro-Yosi group.
Israel said the EO, which is consistent with the Tobacco Regulation Act of 2003, only restricts smoking indoors or in enclosed places while allowing smoking in open areas like sidewalks and parking lots.
“It is wrong and irresponsible to say that the EO imposes an absolute smoking ban. The restrictions are only for enclosed places,” Israel said.
“We recognize the responsibility of the state to protect non-smokers and minors from the harmful effects of second-hand smoke, but we also demand that the right of smokers to enjoy a legal product in a non-obstructive environment be respected,” Israel said.
Pro-Yosi praised the Department of the Interior and Local Government for saying that, although business establishments must have designated smoking areas, smoking in open spaces was also allowed.
Assistant Secretary Epimaco Densing said “the definition under EO 26 of public places where smoking is not allowed is very specific like hospitals, schools and markets whether open or close,” Assistant Interior Secretary Epimaco Densing said.
“But open spaces refer to sidewalks which are not covered. That’s where they are allowed to smoke.”
Pro-Yosi expressed hope that the DILG could clarify the issue further with local government units, which are tasked to enforce EO 26.
The group also appealed to the owners of malls, bars and restaurants not to declare their entire establishments as non-smoking areas.
“At the moment, smokers are shying away from establishments which do not have designated smoking areas,” the group said.
“They would rather dine at home where they can smoke afterwards. The wrong interpretation of the EO is also bad for business.”
