EO 26 RRD : smoking

Hi,

we are having some animated discussion on places which you are allowed to smoke.

"quote"
Actually, the EO is not ambiguous, but can be easily misinterpreted.   There is a definition section that explains the definition of public place, enclosed, etc.   Many people take the definitions section to be areas where you can't smoke.  However, the section of the EO which tells you where you can't smoke is in the "prohibited" section.  In that section, it clearly states the only place smoking is prohibited is "enclosed public places".  

I've read the EO several times and I'm inclined to agree with you. Apart from the specifically stated areas, the only place that you cannot smoke is in enclosed public places.

One part that confuses people is where it says a Designated Smoking Area cannot be within 10 metres of any exit or entrance. Some people, include the police, seem to interpret that as meaning you cannot smoke in that area. It is a bit confusing that even though a place cannot be a smoking area you can still smoke in it.
"unquote"

I was warned several times not to smoke, even in the streets of BGC, or High Street for example.  Streets are however not included
in my opinion in this EO 26.  I don't see how EO26 stops me from smoking a cigarette walking down the street.

Anyhow, for us it is just barstool banter, but it would be interesting to know the opinion of a local lawyer, just to know what our
rights are as smokers.

Thank you !

a colorable interpretation is that sec. 3a allows smoking only at DSAs, regardless if the public space is open or not. if you are caught, your remedy would be challenge the interpretation and that it should be strictly interpreted to refer to enclosed spaces only.

Thanks for the feedback.  Has anyone ever challenged a smoking fine in court to clarify or remove any ambiguity ?  I understand it is a bit far fetched to challenge P1000, but it might be a sport for some.

https://gyazo.com/0dbe0d20a151dacc09936b557d8fc57b

some members are a bit surprised by your interpretation. Any comment on this ?

thanks !

That's why I said it is a 'colorable' interpretation. Considering it's a penal provision, it should be construed strictly and smoking in open areas should not be penalized. What is being punished is smoking in a public enclosed area, but nevertheless there is no statement that says you are free to smoke in open public areas outside a DSA.

There is a difference though between not being penalized, and being truly allowed. In my opinion, smoking in open public areas should only be at DSAs based on the wording and spirit of the law, but should not be penalized if one smokes in a public open area.

Note also that the EO allows private entities to enact stricter policies and to forego establishing DSAs altogether.

There are some lawyers who do challenge laws, but I'm not aware of any who did so for this law.

Thank you for your time !

Adding one more final question : the roads in BGC, are they property of Taguig or Ayala ? In case they belong to Taguig, the stricter
rules regarding smoking of Ayala should not apply. I guess High Street for sure is property of Ayala, but the other streets ?

I'm not aware of who owns what there, but I noticed in their outdoor no smoking signs that they cite EO 26 and one other source, not sure what it is but likely a private rule within BGC.