In response to Dulce Paloma Baltazar Pedraza’s Oct. 9 article, “Future campus tobacco ban relies on education.”
An article published in The State Press failed to inform students, employees and patrons regarding the Smoke-Free Arizona Act, A.R.S. 36-601.01.The act was passed by the voters on Nov. 7, 2006, and went into effect on May 1, 2007. There are enforcement regulations written into the “Act.” ASU is required to enforce those regulations. The ASU administrator (or his or her designee), “shall inform any person who is smoking, in violation of this law, that smoking is illegal and request that the illegal smoking stop immediately.” Enforcement includes fines for non-compliance.
The Smoke-Free Arizona Act, A.R.S. 36-601.01 prohibits smoking “a reasonable distance from any entrances, windows and ventilation systems so that persons entering or leaving the building or facility shall not be subjected to breathing tobacco smoke and so that tobacco smoke does not enter the building or facility through entrances, windows, ventilation systems or any other means.” See Section A 3 “Enclosed Area.”
ASU may adopt a Smoke-Free Campus Policy. A.R.S. 36-601.01 Section D states, “Notwithstanding any other provision of this section, an owner, operator, manager, or other person or entity in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place.”
ASU is subject to Section 504 of the Federal Rehabilitation Act, Title III of the Americans with Disabilities Act and Title II of the ADA. Both the Rehabilitation Act and the ADA require public entities to provide disabled individuals “meaningful access” to their programs and services. This includes persons with impaired respiratory or cardiovascular conditions exacerbated by exposure to the toxic chemicals in Environmental Tobacco Smoke or Outdoor Tobacco Smoke.
Betty Campbell, President and Founder
Arizonans for Non-smokers Rights
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