Although the potential health risks of using smokeless tobacco are by now well established, countless Major League Baseball players nevertheless continue to use these products both on and off the playing field, much to the chagrin of MLB. And despite these dangers, the league has, to date, been largely unable to convince the Major League Baseball Players Association to agree to prohibit players from using tobacco products in MLB stadiums.
Recently, however, MLB’s efforts to curtail its players’ use of smokeless tobacco products gained new momentum from a rather unlikely source: local municipal governments. In recent months, three major-league cities – Boston, Los Angeles, and San Francisco – have each passed new laws formally banning the use of smokeless tobacco in public facilities, including MLB ballparks. Meanwhile, with a similar tobacco ban set to take effect throughout the entire state of California in 2017, along with comparable legislation currently making its way through the city governments of Chicago, New York, Toronto, and Washington D.C., smokeless tobacco use could soon be legally prohibited in more than one-third of MLB’s 30 ballparks.
When these local ordinances were initially enacted, many were skeptical that the laws would actually deter MLB players from using tobacco products, since any player intent on ignoring the new prohibitions would easily be able to afford to pay a relatively modest monetary fine in exchange for breaking the law.
However, while the threat of punishment under these local laws alone may not be enough to change players’ behavior, these ordinances have created a new avenue for MLB to attack the problem, one that could potentially let the league punish players for their tobacco use.
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