Couple's smoking at home snuffed

[Mark]

http://www.denverpost.com/ci_4667551

Couple's smoking at home snuffed
A judge says a Golden condo complex can outlaw the smoke -or the smell of it- as a "nuisance."
By Ann Schrader
Denver Post Staff Writer
Article Last Updated:11/15/2006 10:27:33 PM MST

Rodger and Colleen Sauve light up Wednesday in one of the few legal smoking spots left to them at their Golden condominium complex: the parking lot. (Post / Cyrus McCrimmon)

Golden - A Golden couple can't smoke in the townhouse they own after a judge ruled last week that their condominium association can prohibit smoking in their four-unit building.

"This is my home, and I worked for it," Colleen Sauve said Wednesday. "I can't relax and have a cigarette in my own home. If I do, I'll get fined."

Sauve and her husband, Rodger, who are both smokers, filed suit in March after the Heritage Hills #1 Condominium Owners Association amended its bylaws to ban smoking. A judge recently ruled against them.

The association was responding to complaints from the Sauves' next-door neighbor, Penny Boyd, about smoke odor seeping into her unit.

Despite caulking, filters, insulation, painting and ventilation adjustments, the smoke smell continued to bother Boyd, according to court documents.

"We argued that the HOA was not being reasonable in restricting smoking in our own unit, nowhere on the premises, not in the parking lot or on our patio," Colleen Sauve said.

Owners of the other three units, who approved the ban, were "recognizing the dangers of secondhand smoke and its obnoxious odor and were making their community a safer place for everybody," said their attorney, Brian Martin.

"Your home is your castle, but when you live in a small community like this and your actions start affecting those around you," Martin said, "it prevents other people from their homes being their castle, and something clearly needs to be done."

The state limits smoking to 15 feet away from main entrances to public buildings. Smokers in Golden can light up just outside the doors. And Jefferson County District Judge Lily Oeffler ruled the Sauves can't smoke in their own home.

In her Nov. 7 ruling, Oeffler said that "the issue of whether there was actual smoke or simply smoke smell is irrelevant."

Oeffler likened "smoke and/or smoke smell" to "extremely loud noise" that is not contained to one area.

The smoke smell, Oeffler stated, "constitutes a nuisance." Under the condo declarations, she noted, "no nuisance shall be allowed ... which is a source of annoyance to residents."

Smoking for the Sauves now means leaving home, whether it's jumping in their car and driving around the block, standing on the sidewalk or wandering across the street to a friend's home.

Rodger Sauve questions where such rulings will lead.

"If we barbecue fish, is that going to be considered a nuisance?" he asked.

The Sauves said they would like to appeal the ruling but can't afford it after spending $6,500 on the lawsuit.

"A piece of me says, 'Just forget about it and walk away,"' Colleen Sauve said, "and another piece of me says, 'Aw, go to hell."'

 

[Al Today]

Yes, yep, yup...
The war against "EVIL" tobacco mounts...

Voting here in Ohio was November 7, yes?
State Issue 5: Proposed Law - Prohibit smoking in places of employment and most public places - Smoke Free.
I voted against Issue 5.
Nevertheless, the majority of Ohioans vote for this law, and so it passed.
Now there is moe money to be made here.
I'm waiting to see if, when, and how many lawsuits get all fired up.
My job is with a 3rd generation small business.
Word has it that they will go no smoking on the premises.
Someone (owner/family member) wonders how to help the poor smokers quit.
I let it be know that perhaps some smokers don't want to quit.!.!.!
And also they said they don't want to contribute to helping smokers kill themselves.
Oh well, I said that I do not chew tobacco right now.
If I can't go smoke somewhere, I could start chewing.
Wouldn't that contribute to increasing my chances of getting mouth/face cancer?
Ooooooo those tyrants.

http://www.sos.state.oh.us/sos/ElectionsVoter/results2005.aspx?Section=1043

State Issue 5: Text of Proposed Law

Be it Enacted by the People of the State of Ohio.
Section 1.
3794.01 Definitions.
As used in this chapter:
(A) "Smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted smoking device for burning tobacco or any other plant. "Smoking" does not include the burning of incense in a religious ceremony.
(B) "Public place" means an enclosed area to which the public is invited or in which the public is permitted and that is not a private residence.
(C) "Place of employment" means an enclosed area under the direct or indirect control of an employer that the employer's employees use for work or any other purpose, including but not limited to, offices, meeting rooms, sales, production and storage areas, restrooms, stairways, hallways, warehouses, garages, and vehicles. An enclosed area as described herein is a place of employment without regard to the time of day or the presence of employees.
(D) "Employee" means a person who is employed by an employer, or who contracts with an employer or third person to perform services for an employer, or who otherwise performs services for an employer for compensation or for no compensation.
(E) "Employer" means the state or any individual, business, association, political subdivision, or other public or private entity, including a nonprofit entity, that employs or contracts for or accepts the provision of services from one or more employees.
(F) "Enclosed Area" means an area with a roof or other overhead covering of any kind and walls or side coverings of any kind, regardless of the presence of openings for ingress and egress, on all sides or on all sides but one.
(G) "Proprietor" means an employer, owner, manager, operator, liquor permit holder, or person in charge or control of a public place or place of employment.
(H) "Retail tobacco store" means a retail establishment that derives more than eighty percent of its gross revenue from the sale of cigars, cigarettes, pipes, or other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental. "Retail tobacco store" does not include a tobacco department or section of a larger commercial establishment or of any establishment with a liquor permit or of any restaurant.
(I) "Outdoor patio" means an area that is either: enclosed by a roof or other overhead covering and walls or side coverings on not more than two sides; or has no roof or other overhead covering regardless of the number of walls or other side coverings.
3794.02 Smoking Prohibitions.
(A) No proprietor of a public place or place of employment, except as permitted in section 3794.03 of this chapter, shall permit smoking in the public place or place of employment or in the areas directly or indirectly under the control of the proprietor immediately adjacent to locations of ingress or egress to the public place or place of employment.
(B) A proprietor of a public place or place of employment shall ensure that tobacco smoke does not enter any area in which smoking is prohibited under this chapter through entrances, windows, ventilation systems, or other means.
(C) No person or employer shall discharge, refuse to hire, or in any manner retaliate against an individual for exercising any right, including reporting a violation, or performing any obligation under this chapter.
(D) No person shall refuse to immediately discontinue smoking in a public place, place of employment, or establishment, facility or outdoor area declared nonsmoking under section 3794.05 of this chapter when requested to do so by the proprietor or any employee of an employer of the public place, place of employment or establishment, facility or outdoor area.
(E) Lack of intent to violate a provision of this chapter shall not be a defense to a violation.
3794.03 Areas where smoking is not regulated by this chapter.
The following shall be exempt from the provisions of this chapter:
(A) Private residences, except during the hours of operation as a child care or adult care facility for compensation, during the hours of operation as a business by a person other than a person residing in the private residence, or during the hours of operation as a business, when employees of the business, who are not residents of the private residence or are not related to the owner, are present.
(B) Rooms for sleeping in hotels, motels and other lodging facilities designated as smoking rooms; provided, however, that not more than twenty percent of sleeping rooms may be so designated.
(C) Family-owned and operated places of employment in which all employees are related to the owner, but only if the enclosed areas of the place of employment are not open to the public, are in a free standing structure occupied solely by the place of employment, and smoke from the place of employment does not migrate into an enclosed area where smoking is prohibited under the provisions of this chapter.
(D) Any nursing home, as defined in section 3721.10(A) of the Revised Code, but only to the extent necessary to comply with section 3721.13(A)(18) of the Revised Code. If indoor smoking area is provided by a nursing home for residents of the nursing home, the designated indoor smoking area shall be separately enclosed and separately ventilated so that tobacco smoke does not enter, through entrances, windows, ventilation systems, or other means, any areas where smoking is otherwise prohibited under this chapter. Only residents of the nursing home may utilize the designated indoor smoking area for smoking. A nursing home may designate specific times when the indoor smoking area may be used for such purpose. No employee of a nursing shall be required to accompany a resident into a designated indoor smoking area or perform services in such area when being used for smoking.
(E) Retail tobacco stores as defined in section 3794.01(H) of this chapter in operation prior to the effective date of this section. The retail tobacco store shall annually file with the department of health by January thirty first an affidavit stating the percentage of its gross income during the prior calendar year that was derived from the sale of cigars, cigarettes, pipes, or other smoking devices for smoking tobacco and related smoking accessories. Any retail tobacco store that begins operation after the effective date of this section or any existing retail tobacco store that relocates to another location after the effective date of this section may only qualify for this exemption if located in a freestanding structure occupied solely by the business and smoke from the business does not migrate into an enclosed area where smoking is prohibited under the provisions of this chapter.
(F) Outdoor patios as defined in Section 3794.01(I) of this chapter. All outdoor patios shall be physically separated from an enclosed area. If windows or doors form any part of the partition between an enclosed area and the outdoor patio, the openings shall be closed to prevent the migration of smoke into the enclosed area. If windows or doors do not prevent the migration of smoke into the enclosed area, the outdoor patio shall be considered an extension of the enclosed area and subject to the prohibitions of this chapter.
(G) Private clubs as defined in section 4301.01(B)(13) of the Revised Code, provided all of the following apply: the club has no employees; the club is organized as a not for profit entity; only members of the club are present in the club's building; no persons under the age of eighteen are present in the club's building; the club is located in a freestanding structure occupied solely by the club; smoke from the club does not migrate into an enclosed area where smoking is prohibited under the provisions of this chapter; and, if the club serves alcohol, it holds a valid D4 liquor permit.
3794.04 Construction; other applicable laws.
Because medical studies have conclusively shown that exposure to secondhand smoke from tobacco causes illness and disease, including lung cancer, heart disease, and respiratory illness, smoking in the workplace is a statewide concern and, therefore, it is in the best interests of public health that smoking of tobacco products be prohibited in public places and places of employment and that there be a uniform statewide minimum standard to protect workers and the public from the health hazards associated with exposure to secondhand smoke from tobacco.
The provisions of this chapter shall be liberally construed so as to further its purposes of protecting public health and the health of employees and shall prevail over any less restrictive state or local laws or regulations. Nothing in this chapter shall be construed to permit smoking where it is otherwise restricted by other laws or regulations.
3794.05 Declaration of establishment as nonsmoking.
Notwithstanding any other provision of this chapter, the owner, manager, operator, or other person in charge or control of an establishment, facility, or outdoor area which does not otherwise qualify as a public place or place of employment may declare such establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place declared nonsmoking under this section where a sign conforming to the requirements of section 3794.06 is posted.
3794.06 Posting of signs; prohibition of ashtrays; responsibilities of proprietors.
In addition to the prohibitions contained in section 3794.02 of this chapter, the proprietor of a public place or place of employment shall comply with the following requirements:
(A) "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be conspicuously posted in every public place and place of employment where smoking is prohibited by this chapter, including at each entrance to the public place or place of employment. Signs shall be of sufficient size to be clearly legible to a person of normal vision throughout the areas they are intended to mark. All signs shall contain a telephone number for reporting violations.
(B) All ashtrays and other receptacles used for disposing of smoking materials shall be removed from any area where smoking is prohibited by this chapter.
3794.07 Duties of the Department of Health.
This chapter shall be enforced by the department of health and its designees. The director of health shall within six months of the effective date of this section:
(A) Promulgate rules in accordance with Chapter 119 of the Revised Code to implement and enforce all provisions of this chapter;
(B) Promulgate rules in accordance with Chapter 119 of the Revised Code to prescribe a schedule of fines for violations of this chapter designed to foster compliance with the provisions of this chapter. The amount of a fine for a violation of 3794.02 (A) and (B) shall not be less than one hundred dollars and the maximum for a violation shall be twenty five hundred dollars. The amount of a fine for a violation of 3794.02 (D) shall be up to a maximum of one hundred dollars per violation. Each day of a violation shall constitute a separate violation. The schedule of fines that apply to a proprietor shall be progressive based on the number of prior violations by the proprietor. Violations which occurred more than two years prior to a subsequent violation shall not be considered if there has been no finding of a violation in the intervening time period. The fine schedule shall set forth specific factors that may be considered to decrease or waive the amount of a fine that otherwise would apply. Fines shall be doubled for intentional violations;
(C) Promulgate rules in accordance with Chapter 119 of the Revised Code to prescribe a procedure for providing a proprietor or individual written notice of a report of a violation and the opportunity to present in writing any statement or evidence to contest the report, and prescribing procedures for making findings whether a proprietor or individual violated a provision of this chapter and for imposing fines for violations;
(D) Establish a system for receiving reports of violations of the provisions of this chapter from any member of the public, including, but not limited to, by mail and one or more e-mail addresses and toll free telephone numbers exclusively for such purpose. A person shall not be required to disclose his or her identity in order to report a violation;
(E) Inform proprietors of public places and places of employment of the requirements of this chapter and how to comply with its provisions, including, but not limited to, by providing printed and other materials and a toll free telephone number and e-mail address exclusively for such purposes; and
(F) Design and implement a program to educate the public regarding the provisions of this chapter, including, but not limited to, through the establishment of an internet website and how a violation may be reported.
3794.08 Smoke Free Indoor Air Fund.
There is hereby created in the state treasury the smoke free indoor air fund. All fines collected pursuant to this chapter and any grant, contribution, or other moneys received by the department of health for the purposes of this chapter shall be credited to the smoke free indoor air fund and used solely for the purposes of this chapter.
3794.09 Enforcement; Penalties.
(A) Upon the receipt of a first report that a proprietor of a public place or place of employment or an individual has violated any provision of this chapter, the department of health or its designee shall investigate the report and, if it concludes that there was a violation, issue a warning letter to the proprietor or individual.
(B) Upon a report of a second or subsequent violation of any provision of this chapter by a proprietor of a public place or place of employment or an individual, the department of health or its designee shall investigate the report. If the director of health or director's designee concludes, based on all of the information before him or her, that there was a violation, he or she shall impose a civil fine upon the proprietor or individual in accordance with the schedule of fines required to be promulgated under section 3794.07 of this chapter.
(C) Any proprietor or individual against whom a finding of a violation is made under this chapter may appeal the finding to the Franklin County Court of Common Pleas. Such appeal shall be governed by the provisions of section 119.12 of the Revised Code.
(D) The director of health may institute an action in the court of common pleas seeking an order in equity against a proprietor or individual that has repeatedly violated the provisions of this chapter or fails to comply with its provisions.
Section 2. Severability.
If any provision of this chapter or the application thereof to any person or circumstances shall be held invalid by a court, that invalidity shall not affect the other provisions of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

 

[Al Today]

I KNOW THIS FORUM IS FOR LEARNING AND NETWORKING.
But I need to think through how to handle some psychopathic petty tyrants.
I will contemplate options on how to proceed.
Think through the consequences of specific actions.
I need to think clearly, rationally, and logically.
Please forgive my emotional outpouring, but...
I am so freakin tired of these self righteous, anti-smoking, petty tyrants.
Well, since the anti-smoking law has passed here in Ohio, my employer has been quick to jump on the band wagon to declare the entire property a smoke-free zone, as of Dec7, 2007.
I hear the PTB here even contemplated dropping smokers off the insurance program.
I want to contact some legal aid, but what can I do?
I do not have the funds to engage a legal battle.
I feel most of the legal organizations are full of pompous, greedy, lawyers out to make a buck.
Nobody wants to really "help", the common man.
Oh sure...
I could quit my job, and have my family become homeless...
And go where, to the next problem.?.?.?
Or, I could just play the petty tyrant game.?.?.?
Is there a time where one MUST stand and fight.?.?.?
Bear with me...
I am a handicap.
Lost my right leg, above the knee, back in 1976.
At work here, they (I) have problems with handicap access.
I do believe there are some laws in compliance to handicap access.
I have fallen in the owners parking lot because of negligence with improper snow/ice removal.
Inadequate handicap parking.
Had surgery because of that fall.
Still having problems, probably will for life.
I did not sue my employer.
I guess I am too nice.?.?.?
And about this building, there is NO handicap access.
No doors here can accommodate a wheel chair.
This is a two story building without an elevator.
This old building has stairs that are like climbing a mountain.
Thin steps and straight up...
I fret coming down those stairs every time.
Eventually, I will not look, not stay focused, and I will fall.
Definitely no handicap access to the bathrooms either...
This handicap issue IS in my future. Perhaps sooner than I expected.
Is this an emotional reaction? I believe yes...
Is playing the handicap card just a vengeful action? Perhaps...
Am I to just sit back and get smacked around?
I have found that many dogs want to be friendly.
If you yell at that dog, raise your hand, back it into a corner, it may bite you.
I have patience, manners, and will wait to play this handicap card, if backed into the corner.
Anyone have some ideas on how I could handle this situation?
What would you all do?
I will walk out to the street, continue to smoke, and see how they react.
But if they think I will quit smoking, just because they say so...
Grrrrrr

 

[Al Today]

The saga continues here in wonderful CornVille.
At work here, a fellow from upstairs gave me a poster.
The poster states...

NO SMOKING
(next, below, here the no smoking symbol is displayed)
To report violations call
866-559-OHIO ( 6446 )
in accordance with Chapter 3794
of the Ohio Revised Code.

Hell, he has a thick stack of them.
Well... Ain't this special.
What fascinates me is all the sheeple who blindly follow the piper.
Controllers & the Controlled.
ALL AROUND ME.
Most here are completely blind about what is REALLY going on here.
Let's all get ready to call each other in to the authorities.!.!.!
The PTB are getting people ready for bootlicking....
Here we go.
As Bob Dylan wrote years and years ago
"The times, they are a changin"

 

[anart]

Hi Al - have you looked into the Disability Act and how it is enforced? I don't have the details at hand, but I'm fairly certain that it is not only national, but also quite 'hefty' - handicap access is mandatory at any workplace. I may be mistaken, but some research into this and how it may improve your situation might be worthwhile. After all, if they are busy complying with a national law, they might have less time to worry about your smoking. Not sure, but it's worth a look. http://www.usdoj.gov/crt/ada/adahom1.htm

 

[Al Today]

Thank you for the web site anart.
This is a situation where not only KNOWLEDGE PROTECTS but where knowledge gives options.
Yes, I am somewhat familiar with the handicap laws.
I have been grateful to even have a job right now.
Long sad rollercoaster of a story....
If anyone says there is no age discrimination, they are wrong.
I "had" a sense of gratitude and really can get around right now.
I adapt.
Many think I have only a limp.
One wondered if I had club foot.
I said I have no foot to club.
Prosthetics today are amazing.
But I have no power supplies for my leg.
No onboard computers either.
I liken my leg to an old Jeep, I don't want a high maintenance Corvette model.
I like water and will destroy a high tech leg.
The employer has so far been accomodating to little "needs" for me.
Then...
Now, I see true colors and that no loyalty from me is needed.
The PTB here are obviously of the psychopath persuasion.
Smoking rules here:
1st offense - verbal warning.
2nd offense - 3 days off without pay.
3rd offense - termination.
I cannot be loyal to anyone that has the nards to implement such draconian rules.
Just for a freakin' smoke.!.!.!
I am building my knowledge base (options) for future tools (if needed).
I am adapatable, but I have limits as to what I choose to take up the arse.
Patience, be alert and aware, have contingency plans, and see what develops.
As time goes on, I am feeling more like a chess player.
Hell, I'm gonna be one of those worthless feeders to be gotten rid of.

 

[StarFraction]

Wasn't the 'law against the State' that prohibited smoking on pain of death an ongoing theme in that 70s/80s(?) movie - 'Escape From L.A.', starring Kurt Russell as 'Snake Bliskin'?

I seem to remember that the closing scene - post an EMP wave that has shut down all power on the planet - is 'Snake' finding a cigarette packet on the ground, which he picks up and finds one cigarette left. He lights up, inhales with relish, and drops the packet back to the ground. The camera zooms in ... the brand name on the cigarette pack is: 'American Spirit'.

We can dream!

(I always wonder sometimes at the apparent prescience of some movie makers? Do they already know for sure a number of things/ programmes that we don't?)

StarFraction

"Smoking is one of the leading causes of all statistics." - Liza Minnelli

 

[PopHistorian]

Cape Cod Man Fired for Smoking
(http:/)/www.wbz.com/pages/136092.php?

This guy smoked only at home. They did a drug test, found nicotine in his urine, and fired him.

 

[Nienna]

Cape Cod Man Fired for Smoking
(http:/)/www.wbz.com/pages/136092.php?

This guy smoked only at home. They did a drug test, found nicotine in his urine, and fired him.

You have got to be kidding me!!!!! This is just so far out there that I cannot even grasp it. This is beyond anything I would have thought they would do. I don't even smoke. Just never had the inclination to. But I do believe in human rights. And this whole banning smoking, as has been shown, has certainly got an agenda to it.

This is off topic, but I just remembered that I saw an article in a magazine that the PTB are trying to make self-defense against human rights. Go figure!

 

[Meg]

3-day detention for smoking. Sign of things to come?

BEIJING (Reuters) –
Chinese man detained for 3 days for smoking on train

A man was given three days in detention for breaking a non-smoking rule on a new high-speed rail line, Chinese state media said, an unusually severe punishment in a country where smoking bans are routinely ignored.

He was caught smoking in the toilet just after the train had left Tianjin for Beijing, triggering an alarm and causing the train to stop, the official Xinhua news agency said on its website (hxxp.xinhuanet.com).

The high-tech line connects the capital with neighboring Tianjinin. It opened in time for this year's Beijing Olympics and features carriages more luxurious than usual in China, including swivel chairs and spacious, plush interiors.

No-smoking signs and rules are generally given short shrift in China and about half of all Chinese men smoke.

"It is strictly forbidden to smoke on the Beijing-Tianjin Express, and they hope everyone respects the rules, travels in a civilized manner and ensures the train's safety and punctuality," Xinhua said.

_http://news.yahoo.com/s/nm/20081225/od_nm/us_china_smoking

 

[dant]

Hmm...

Just a thought... maybe Al can make big-bucks for this idea?

Make a special type of `smoking gear' designed for smoking
that prevents smoke from escaping into the air by filtering
all smoke exhaust? Can the PTB prevent this device from
reaching the market? If the gear is designed right, comfortable
to use, it should cause all smokers of the world (where smoking
is prohibited due to affecting others) to buy this gear hands over
fence? The device should be real cheap due to it's design, use
natural (or recycled) materials so as to be eco-friendly? Exhaust
filters could probably work with active charcoal? Maybe a chemist
can chime in as to the best, cheapest filters available on the market?

Am I day-dreaming or can it work?

 

[Al Today]

Dant, thanks for the thought. I don't think anything would alleviate the pressure from righteous zealots.

I know this post is off topic, but BOY OH BOY, my old post from 2006 just hit me hard. I do not think I am the same person I was then. I understand people change but man... I know I should not be embarrassed, but I am.

Anyway... this old thread still makes my passions rise, smoke come outta my ears, and I try to control anger by replacement with humor, but still, those people, standing on their soapbox, and preaching how I should live just pee me off... If I have manners and smoke outside, in private, well... they all can just can kiss my arse. Oops, I don't wanna give the woodland creatures cancer... Yeah, they wanna show that smokers are EVIL incarnate. They can all bite me... I will choose my path. If my lungs turn to plastic? It's my choice. Besides, what about genetics and all those threads that prove that there ain't no proof that smoking is good or bad. It all depends on just too many variables...

 

[Meg]

Keep your smoking a secret...

Judge tosses suit of Mass. man fired for smoking
August 8, 2009

BOSTON—A federal judge has dismissed a lawsuit by a lawn care worker fired for smoking on his own time.

Scott Rodrigues of Bourne was fired by The Scotts Co. in 2006 after a drug test found nicotine in his urine. The company has a policy forbidding smoking on or off the job.

Rodrigues sued, claiming a violation of his right to privacy.

Last month, US District Court Judge George O'Toole said Rodrigues's smoking was not a protected privacy interest because he never kept the habit secret. He also said Rodrigues wasn't a bona fide employee because he'd just started and his employment depended on passing the urinalysis.

Rodrigues' lawyer told The Boston Globe he planned to appeal.

The company said it was pleased with the ruling.

_http://www.boston.com/news/local/massachusetts/articles/2009/08/08/judge_tosses_suit_of_mass_man_fired_for_smoking/

 

[dant]

Keep your smoking a secret...

Judge tosses suit of Mass. man fired for smoking
August 8, 2009
[...]
after a drug test found nicotine in his urine.
[...]
Rodrigues's smoking was not a protected privacy interest because he never kept the habit secret.
[...]

Well, how is it possible to keep anything a secret when
drug tests are required? The Judge's logic is illogical.

Simply do not work for employers that ban smoking
such as those that have such policies in place.

 

[Meg]

Keep your smoking a secret...

Judge tosses suit of Mass. man fired for smoking
August 8, 2009
[...]
after a drug test found nicotine in his urine.
[...]
Rodrigues's smoking was not a protected privacy interest because he never kept the habit secret.
[...]

Well, how is it possible to keep anything a secret when
drug tests are required? The Judge's logic is illogical.

Simply do not work for employers that ban smoking
such as those that have such policies in place.

Hi Dan, I agree completely. I was attempting, unsuccessfully, to point out the ludicrousness of the whole event. I should have been more clear in my attempt.