Get Getting Started Form - Americans For Nonsmokers' Rights

The only way to fully protect non-smokers from the dangers of secondhand smoke is to not allow smoking indoors. Separating smokers from non-smokers (like no smoking sections in restaurants) cleaning the air and airing out buildings does not get rid of secondhand smoke.

Suing your neighbor or landlord is an option, but it should be your last resort. ... Before suing, you should try to reach an agreement with your neighbor to limit where and when they smoke. You could also ask your landlord or property manager to make specific areas of the building smokefree.

A. The right to smoke would certainly be covered under the 9th Amendment. ... However, it can make funds for schools, for example, contingent upon it being anon-smoking area.

NONSMOKERS have the right to breathe clean air, free from harmful and irritating tobacco smoke. This right supersees the right to smoke when the two conflict. NONSMOKERS have the right to express - firmly but politiely - their discomfort and adverse reactions to tobacco smoke.

Secondhand smoke can travel through doorways, cracks in walls, electrical lines, ventilation systems and plumbing.

In sum, smokers are not specially protected by the U.S. Constitution. A law that restricts smoking will not violate the federal Constitution so long as it is rationally related to a legitimate government goal.

In most cases, no, you can't sue your employer for second-hand smoke. However, you can bring a claim for workers' compensation. ... If your employer knowingly violates OSHA standards or knowingly requires you to work in dangerous conditions, you may qualify to bring a traditional legal claim.

There is no such thing as a constitutional right to smoke, since the U.S. Constitution does not extend special protection to smokers. Smoking is not a specially protected liberty right under the Due Process Clause of the Constitution. The fundamental right to privacy does not apply to smoking.

In four states (California, Colorado, New York, and North Carolina) there is no specific law related to employee tobacco use but smokers are protected under broader state statutes that prohibit employers from discriminating against any employee who engages in a lawful activity. California also has a law that protects ...

There is no such thing as a constitutional right to smoke, since the U.S. Constitution does not extend special protection to smokers. Smoking is not a specially protected liberty right under the Due Process Clause of the Constitution. The fundamental right to privacy does not apply to smoking.