Smoking is not considered a human right, and courts have consistently ruled that it is not a protected, fundamental freedom. While individuals may have the freedom to smoke in private, this is not an absolute right and is restricted by public health laws, such as bans in workplaces and enclosed public spaces.
No. Legally, people don't have a right to take a smoke break at work, even outside the building. While it's up to employers to decide if they'll allow smoking during work time, they can also lawfully enforce a smoke-free workplace. In fact, courts have ruled that workers can be sacked for breaking no-smoking rules.
As a Court of Law, the Community Disputes Resolution Tribunal (CDRT) requires a claimant to present "sufficient evidence" to show that their neighbour's excessive smoke and smell causes "unreasonable interference (to their) enjoyment or use of place of residence", he added.
We are also often asked about a right that is not really a right; an individual's right to smoke. Smoking is not a fundamental right recognized in the U.S Constitution.
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.
Can I stop my neighbour from smoking in their garden?
A statutory nuisance can not be created if the issue is caused by "reasonable use". It is considered reasonable for someone to smoke within their own home and in their garden. This however can be pursued as a civil matter which the council would not get involved with.
The Federal Fair Housing Act could be used if secondhand smoke is causing breathing difficulties. There are also other legal options, although a lawsuit should be your last resort after other options have been tried. If possible, consider moving to another property.
Your first port of call should be to ask them to stop and if they don't report them to the police. If all else fails you can resolve a dispute with a neighbour by taking action through the courts. You may need to pay court fees and you will need to appoint a solicitor if this is the route you choose to take.
All areas open to the public including workplaces are considered smoke free zones where they are enclosed or substantially enclosed. Enclosed: This is an area with permanent walls and doors without any gaps. Windows and doors aren't classed as gaps.
But could this amount to discrimination? Under current UK law, discrimination against employees or job applicants on grounds of sex, race, disability, sexual orientation or religious belief by employers is outlawed. However, there are no laws that directly prohibit discrimination against smokers.
Consider approaching them politely or leaving a note explaining the issue and asking them to smoke in designated areas, if applicable. Share a Written Request: If you aren't comfortable with a face-to-face conversation, you can write a polite note/letter or email outlining the problem.
Other than a legal ban on smoking in an enclosed public area which is not exclusive to hotels, it's not a legal ban or criminal offence inside a guest room, on a balcony, in the garden etc.
Generally, the most effective way to address the issue of second-hand smoke, is to speak with your neighbour and ask them politely to smoke in an alternative area that will not impact you. You could chat to them in person or else write a letter or email to them.
