The legality and permissibility of indoor cigar smoking are highly complex and depend entirely on the location and the specific nature of the building. Regulations vary dramatically based on the geographic location, such as the state, county, or city. What is permissible in one location may be strictly prohibited a few miles away. Determining whether you can light a cigar indoors requires navigating a complex patchwork of clean air laws, property agreements, and local ordinances.
Understanding the Public vs. Private Divide
The legal framework governing indoor smoking restrictions distinguishes sharply between public accommodations and genuinely private spaces. Most comprehensive clean indoor air legislation, typically enacted at the state or municipal level, targets areas accessible to the general public or places of employment. These laws are designed to protect workers and the public from the health hazards of secondhand smoke exposure, which the Environmental Protection Agency classifies as a carcinogen.
A single-family home owned by the smoker is generally unregulated by public health laws concerning indoor smoking. However, the regulatory landscape shifts completely the moment a space is used for commerce or becomes a shared environment. Private residences are largely exempt from clean air laws, though they may still be subject to local ordinances relating to fire safety or nuisance complaints.
Smoking Rules in Commercial and Public Spaces
State and local “clean indoor air” laws prohibit smoking in most workplaces, restaurants, and bars across the United States. These laws define a “place of employment” as any enclosed area under the control of an employer where employees frequent. Therefore, most businesses, from retail stores to corporate offices, must be entirely smoke-free indoors.
An exception exists for dedicated, licensed cigar lounges or tobacco shops. To qualify, these establishments must derive a substantial percentage of their revenue from the sale of tobacco products, often 10% or more, depending on the jurisdiction. These exempted venues must also meet specific operational requirements, such as maintaining dedicated ventilation systems that prevent exhausted smoke from migrating into smoke-free areas. These systems are mandated to mitigate the smoke’s spread.
Other public venues, such as casinos and airports, often have variable regulations, sometimes permitting designated smoking areas or rooms. These exceptions are jurisdiction-specific and often require strict separation and ventilation. For example, some states permit smoking on up to 50% of a casino’s gaming floor or in specific types of bars. Even a business that feels private, like a small, privately owned bar, is generally treated as a public workplace and must adhere to the ban.
Cigar Smoking in Residential and Leased Properties
The ability to smoke a cigar inside a residential building is largely determined by property agreements, not public clean air laws. While an apartment unit is a personal space, the right to smoke inside is often superseded by the terms of a lease agreement or the policies of a Homeowners Association (HOA). Landlords and property managers have the legal authority to designate their properties, including individual units, as entirely non-smoking.
Smoking is not considered a protected legal right, allowing property owners to refuse to rent to smokers or to enforce no-smoking policies. For tenants with fixed-term leases, a no-smoking policy must be part of the initial agreement or added upon renewal. Common areas in multi-unit buildings, such as hallways, lobbies, and stairwells, are almost always treated as public spaces under clean air acts and must be smoke-free.
Secondhand smoke drift creates legal liability for property owners and tenants in shared living environments. Smoke infiltrating from one unit to another can be legally considered a nuisance or a breach of the covenant of quiet enjoyment. Tenants with health conditions exacerbated by smoke have successfully sought legal accommodations under the Fair Housing Act, requiring the property owner to take action to stop the smoke infiltration.