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jrusso3

Smoking Ban on SUNY Campus- violation of rights?

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Hello,

 

  SUNY Oswego is creating a smoke-free campus/smoking ban starting in 2015. They tried to do this in 2014 but for some reason it didn't happen. Since smoking is legal, how is this not a violation of our rights? The school forces its incoming freshmen to live on-campus for two years and it is quite a far walk to get off campus. Also Oswego's was ranked in the top 5 college/universities with the worst weather, and it is quite a long walk from the residence halls to off-campus. Isn't that a safety concern for those who choose to smoke? I know it's a state school and the New York state pretty much does whatever it wants and doesn't care about our freedoms, but this just seems to me like a violation of the student's rights. I'm probably wrong, but I would like to know.

 

Thanks,

JR 

 

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Hello,

 

  SUNY Oswego is creating a smoke-free campus/smoking ban starting in 2015. They tried to do this in 2014 but for some reason it didn't happen. Since smoking is legal, how is this not a violation of our rights? 

 

It is not a violation of your rights because you do not have a right to smoke anywhere you please. Neither the federal nor NY constitution, nor any federal or NY statute guarantees you any right to smoke. Sure, tobacco is a legal product to buy if you are at least age 21. You may also smoke any place where smoking is not otherwise prohibited. Some states/localities have laws that prohibit smoking in various places open to the public (e.g. restaurants, theaters, government buildings, etc).

 

Even where smoking is not prohibited by state or local law, persons or entities who control a particular space may bar smoking in that space. A person may bar others from smoking in his home. An employer may bar employees from smoking on the employer's premises. A school/university may bar smoking on school grounds. A landlord may in the lease prohibit smoking in the leased space.  A store may bar patrons from smoking in the store. They may do this because there is no law that guarantees you a right to smoke there.

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Since smoking is legal, how is this not a violation of our rights?

 

That smoking happens not to be illegal does not mean you have a legal right to do it wherever and whenever you want.  The better question is why you (apparently) don't think it's violation of everyone else's rights to force others to breath your toxic discharge.  In any event, it's no more a violation of your rights than is having the local grocery store, theater, and DMV office be smoke free.

 

 

 

Isn't that a safety concern for those who choose to smoke?

 

The key word being "choose."  These adults (because we're not talking about students who aren't adults, right?) can exercise their own judgment in this regard, right?  These adults can choose for themselves whether it's more important to smoke than it is not to expose themselves to a long and potentially dangerous walk.  Right?  Of course, anyone who chooses to smoke doesn't have a whole lot of concern for his/her physical well-being anyway, right?

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This has been the trend in Higher Ed and it is completely legal. Many an indignant 18 year old has challenged this and failed. Your options if you must continue smoking are to choose a school with policies conducive to your habit or head off campus to indulge.

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hi,

There is a rule in many school or colleges that there is a ban of smoking insde school or college campus so you should obey them and is is not violation of rights and if you think so then you should change your campus and take admission in different campus where smoking is not banned inside campus.

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This response is NOT intended to create an attorney-client

relationship.

 

Your solution is to take all of your classes by distance

learning and then smoke as much as you want at home, during

class.

 

You may also first want to check out the local CourtHouses 

for any case that you could file- there may also be a smoking

ban inside there.

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