Abstract

Smokers and nonsmokers possess equal rights but those rights conflict with each other in the use of shared facilities. Medical research has established that smoking harms not only those who use the product but also those who are passively exposed to it. Laws and private regulation of smoking in shared facilities have resulted in the segregation of smokers from nonsmokers to an outright ban of tobacco use. Such controls have provided unsatisfactory results to both groups. An acceptable ethical solution, based on reduction of harm and compensation, can be derived by applying Moral Audit principles, supported by economic analysis, which does not unduly curtail the rights of both parties as to the use of tobacco products.