Due to my odd habit of reviewing state statutes, I stumbled across an
interesting item.

609.681 Unlawful smoking

A person is guilty of a petty misdemeanor if the person intentionally smokes
in a building, area, or common carrier in which "no smoking" notices have
been prominently posted, or when requested not to by the operator of the
common carrier.

HIST: 1989 c 5 s 10: 1Sp2003 c 2 art 8 s 13

Many will notice how broadly this statute was written. The statute does not
indicate who has the right to post a "no smoking" sign. Could a person by
posting signs designate a building "no smoking" without equity interest in
the property. Could a person designate a bar, restaurant or other
destination "no smoking" while temporarily within its confines. Could a
person designate a city "no smoking" by posting at all access points to the
city. The statute also seems to indicate the operator of a common carrier
(airline pilot, bus driver, cab driver, etc.) can request any person stop
smoking in any location. The statute also does not preclude an individual
from posting "smoking allowed" signs thereby trumping any city ordinance. It
seems the state has laid groundwork for interesting conversations to the
topic at hand.

It appears there is room for compromise on this issue. I am confident the
big thinkers at the city, county, and state levels of government can get
this done.

Lee R. Eklund
Victory

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