Regulations regarding smoking while walking

As I'm sure you are aware, Japan is surprisingly backwards when it comes to anti-smoking laws.

I'm sure this has happened to you once: you're enjoying a perfectly good meal at the restaurant, when suddenly, some sub-human a**hole at the next table completely ruins your evening by forcing you to breathe his toxic bodily wastes and spreading it all over your delicious food.

Unfortunately, in a situation like that, there is nothing you can do; as of right now, there is no Japanese law to force restaurants to provide sanitary conditions for clean, decent human beings who just want to enjoy a meal in peace.(Hopefully, the upcoming Olympics will motivate Japan to join the rest of the civilized world in this regard.)

One of the hugely positive things about Japan, though, is that (at least in some wards, like Shinjuku), it is forbidden to smoke while walking on the street (except for designated areas). You'd think that most people would possess the common sense to know this without having to be told, but as a good measure, there are signs pasted EVERYWHERE on most big streets, and Shinjuku City's official website clearly states that it is prohibited to force fellow pedestrians to partake in your disgusting habit. And this goes for EVERY street, big and small, within Shinjuku city, whether non-smoking signs are visible or not.
Information on Everyday Living for Foreign Residents of Shinjuku City
(last paragraph at the bottom.)

This is why, lately, when taking a stroll in Shijuku, I feel quite comfortable ripping the cigarettes out of the hands of those who dare smoke while walking in front of me. I realize this may be seen as aggressive, but it'll only seem so if you haven't thought about it. In actuality, I'm not the one being rude.
It is rude and disgusting to expel bodily wastes on those around you. The regulations are on my side, so I don't hesitate to make sure that my rights are respected in this matter. You don't see me spitting/pooping/urinating on people, so I think I deserve the same respect in return. However, I'm always ready (and able) to defend myself in case of physical assault, because you never know who you're dealing with, but it's never happened so far.

To make it perfectly clear: I don't mind people who smoke in designated areas, or even in a non-smoking area if they're standing on the side, out of the way so we can easily walk past them. My beef is with those who force their nasty habit on me by walking in front of me, or when waiting for a light to turn green. I shouldn't have to break into a jog just so I can get ahead of you to stop smelling your foul wastes. (And luckily, according to the law, I don't have to tolerate it.)

That's Shinjuku, though. I live in Nakano. Upon viewing my city's website, I couldn't find the same thing written explicitly like on the Shinjuku one. I'm pretty sure that the same rule applies, because non-smoking signs are plastered on most of the sidewalks and on some telephone poles even in small areas far from the main station. However, I'd like to be 100% sure that I'm legally in the right (if it ever comes to having to explain my behavior to the police), not just morally.

I've researched this about Nakano, but can't find any info online.
荳ｭ驥主玄蜈ｬ蠑上あ繝ｼ繝あ繝壹あ繧ｸ
If you're better than me at reading Japanese, perhaps you can have a look at the site and let me know what you find out?
..and, of course, discuss what YOU do in a situation where your rights are being persecuted by evil smokers.

Just because someone is not allowed to smoke, it doesn't give you the legal or moral right to lay hands on them or their property.

Be careful, I think you're treading on very thin ice if you're actually acting the way you say you are. I doubt what you're doing is legal, and it's certainly not culturally acceptable based on the sensibilities of the Japanese people I know.


Sent from my fingers using the internet.

WonkoTheSane said:

Just because someone is not allowed to smoke, it doesn't give you the legal or moral right to lay hands on them or their property.

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Legal, don't know.
Moral, it definitely does. I see it as self defense, and I'm not physically attacking or even touching anyone. I even politely say in Japanese "the street is a non-smoking area" when I do it.

How would you react if somebody spat on you while you were out walking? What if their spit gave cancer?
Nobody has the right to force others to ingest their bodily wastes. I'll be damned if I let them act like that in an environment where the law explicitly states that it is forbidden to do so.

Besides, clearly it isn't "their" property anymore, if they have so very clearly decided to share it with everyone around them.

I would think about the person who's had a few beers or a possible Yakuza with a knife giving you more of a problem than second hand smoke. Better just do your thing with the old and feeble and not in view of a police official who dislikes gaijins. I'm amazed you haven't had any major problems so far.

Uncle Frank

Ecliptica said:

Legal, don't know.
Moral, it definitely does. I see it as self defense, and I'm not physically attacking or even touching anyone. I even politely say in Japanese "the street is a non-smoking area" when I do it.

How would you react if somebody spat on you while you were out walking? What if their spit gave cancer?
Nobody has the right to force others to ingest their bodily wastes. I'll be damned if I let them act like that in an environment where the law explicitly states that it is forbidden to do so.

Besides, clearly it isn't "their" property anymore, if they have so very clearly decided to share it with everyone around them.

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I would call the police because I respect the fact that two wrongs don't make a right. It is wrong to put hands on people or their property without permission. If I saw you attacking someone like this I would call the police myself.

It is not self defense, you are not in imminent danger, you have a variety of options aside from assaulting the person or attempting to steal and destroy their property.

Either way, good luck. I sincerely hope you run into neither legal troubles nor violence over this. I do believe you're asking for both, though.


Sent from my fingers using the internet.

Ecliptica said:

This is why, lately, when taking a stroll in Shijuku, I feel quite comfortable ripping the cigarettes out of the hands of those who dare smoke while walking in front of me. I realize this may be seen as aggressive, but it'll only seem so if you haven't thought about it. In actuality, I'm not the one being rude.

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While I sympathize with your lament, I too would not recommend to assault inconsiderate smokers, you might end up in serious trouble. Have you ever tried to talk to them first? I find that most people readily comply if they are politely reminded of their wrong.

Commuting on the bicycle and being compelled to deal with legions of lunatic and suicidal cyclists riding on the wrong side of the road, not using lights at night, talking on their mobile phones, holding umbrellas, etc while barreling down the street at an insane speed, I can tell you that a polite, yet firm reminder is far more effective than verbal or physical aggression.

I'm sorry, but Eliptica, you are way worse than them. They are being inconsiderate, you are being hostile and obnoxious. Walking up to a person and touching them in any way is unacceptable.

Being anti-smoking is one thing. Being an anti-smoking fascist is quite another. Anti-smoking fascists give me far greater concern than smokers.

The act of destroying one local car will probably save you from cancer more than knocking 100 cigarettes from people's hands. The act of destroying one factory smokestack, probably equivalent to 100, 000 cigarettes slapped away.

As I often say, your real enemy is not the smokers, but the companies who lace cigarettes with toxic garbage. Natural tobacco is not so bad. But of course, cars and smokestacks are much greater enemies yet.

when suddenly, some sub-human a**hole at the next table completely ruins your evening by forcing you to breathe his toxic bodily wastes and spreading it all over your delicious food.

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My bold. Sounds like even us non-smokers have to hold our breath around you.

And I wonder your reaction when someone farts in your vicinity?

I feel quite comfortable ripping the cigarettes out of the hands of those who dare smoke while walking in front of me.

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Thanks for making the locals (it is their country, after all) scared to death of someone who (even with polite words) does that. You give the rest of us for

Try that in New York City!

I'm not physically attacking or even touching anyone.

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You are attacking. Too bad you don't see that.

And, some people wonder why us expats sometimes don't want to be associated with newbies...

As someone who has twice gotten out of his car at a stop light to pick up a lit cigarette and hand it back to the driver who threw it out the window and tell them to dispose of it properly, I condemn the act of smacking lit cigarettes out of people's hands, if for no better reason, the simple fact that that lit cigarette could burn some innocent person, or even start a fire if there happens to be highly flammable material around.

Most smokers I know here in Japan are extremely polite and go smoke in isolation without being asked. Most others will react graciously to being asked to obey ordinances, put it out or smoke elsewhere. So its completely unnecessary to dive right into violent physical acts. For people who will not be considerate even when asked, a good verbal berating is plenty without getting physical.

If you carry on grabbing ciggies off strangers in the street you'll probably end up with a broken nose as well as a little smoke in your lungs.

You're taking a far greater health risk by walking anywhere in Tokyo with all the exhaust fumes anyway.

Just highlight the smoker's bad manners by drawing attention to them .... have a coughing fit as you stand next to them and desperately try to fan away the toxic smoke with your flailing arms as you stagger away fighting for breath.