I did not say that smoking was not a right because it is a choice. I said the policy is not discriminatory because smokers do not -- under any definition of the term -- form a "suspect class," which are used by the judiciary to determine if laws are discriminatory.
The fact remains that smoking is not a right. NYU does not have any right to exclude smoking inside its buildings: the city and state have already passed laws banning smoking inside nearly all public buildings. NYU may not override this. Because there is no right to consume any recreational drug, this is well within the city and state's power and if the people of New York disagree with it, they can elect new representatives.
The sidewalks are public property, but business owners are required to maintain and keep safe the area of the sidewalk abutting their buildings. Does this translate to allowing NYU to ban smoking on the sidewalks in front of their buildings? I'll admit I don't know, and the New York City code's website isn't behaving right now. (http://24.97.137.100/nyc/) But I'll continue to try to look into the matter.
I do hope that NYU takes into account any legal issues with this policy, and I would not support an NYU policy that goes against the law. (I would support a change in the law however: DC is considering a law that would allow property owners to ban smoking within 25 feet of their buildings).
leave a comment
Comments from unregistered users will appear once they are approved. Log in to have your comment show up immediately.
Bill Santagata
Nov 05, 2009
3:38 p.m.
I did not say that smoking was not a right because it is a choice. I said the policy is not discriminatory because smokers do not -- under any definition of the term -- form a "suspect class," which are used by the judiciary to determine if laws are discriminatory.
The fact remains that smoking is not a right. NYU does not have any right to exclude smoking inside its buildings: the city and state have already passed laws banning smoking inside nearly all public buildings. NYU may not override this. Because there is no right to consume any recreational drug, this is well within the city and state's power and if the people of New York disagree with it, they can elect new representatives.
The sidewalks are public property, but business owners are required to maintain and keep safe the area of the sidewalk abutting their buildings. Does this translate to allowing NYU to ban smoking on the sidewalks in front of their buildings? I'll admit I don't know, and the New York City code's website isn't behaving right now. (http://24.97.137.100/nyc/) But I'll continue to try to look into the matter.
I do hope that NYU takes into account any legal issues with this policy, and I would not support an NYU policy that goes against the law. (I would support a change in the law however: DC is considering a law that would allow property owners to ban smoking within 25 feet of their buildings).