Legal

Smoke Gets In Your Eyes, But Not On Campus

MayorBob.

Posted to Legal on Fri Sep 26, 2008 at 09:02:37 AM EST (promoted by port1080). RSS.

If I tell you we're going to do something indoors, you sort of expect to do whatever it is inside some sort of building or house.  If I tell you we're going to do something outside, you kind of expect to not have walls around you or a roof over your head.  Unless you're a student or employee of the Pennsylvania state university system, that is.  Because, when it comes to smoking, apparently there is no such thing as indoors or outdoors on any of their campuses.

Pennsylvania's Clean Indoor Air Act became effective earlier this month.  The law bans smoking indoors (as the title implies) in most restaurants, bars, and buildings where the public gathers.  No sooner had it gone into effect than the chancellor of the state's 14 state-owned universities decided to take it outdoors as well.  Almost without warning, Chancellor John Cavanaugh ruled the law applies anywhere on any of the schools' campuses, indoors as well as outdoors.  The law defined public places in which the ban applied as "an enclosed area which serves as a workplace, commercial establishment or an area where the public is invited or permitted."  Cavanaugh and his administration decided that meant all campus grounds, such as courtyards, parking lots and athletic fields because some classes occasionally meet outside, and the schools also hold outdoor fundraising events and receptions.  According to Cavanaugh "we decided we would go on the side of caution."

All of which means that there isn't any place on any of the 14 campuses for any of the 110,000 students or 12,000 employees to go catch a smoke during the day.  And this has any number of those upset.  Students organized smoke-ins at a number of campuses with one student saying "we're simply asking for some compromise, like one or two designated (smoking) areas on campus."  Two labor unions representing 8,500 employees are likewise upset.  Both believe the administration should have consulted with them before implementing the ban and one has filed an unfair labor practices complaint with the state Labor Relations Board.  According to AFSCME official Darrin Spann smoking is a mandatory employee bargaining issue and the ban should have been negotiated:

"We're not asking for anything unreasonable.  I think it's ridiculous for the state system to interpret the law this way, because of its name. The name is there for a reason. It was put there for people to understand that this was an indoor ban only."
Penn State University, which is not part of the state system, allows smoking outdoors on its State College campus but bans it at some of its satellite campuses.  As for the state system's position on the ban, Vice Chancellor Peter Garland says there's no wiggle room here:
"Interpretation of the law is not open to bargaining. We view this as the best interpretation of the law. The fact of the matter is this affects all public and private entities. Odds are there is going to be some variation in enforcement of the act."

Tags: edited by Port1080, written by MayorBob, smoking, smoking ban, public health, double speak (all tags)

This story: 9 comments (2 from subqueue)
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2

WTF?

port1080.

Fri Sep 26, 2008 at 10:13:08 AM EST

5.00 (astute)

I don't smoke, although I did for a year or two when I was in college.  I'm not really sure how the university thinks it will enforce this ban (are they really going to have public safety officers giving tickets to every student they see smoking on campus grounds, or something?).  It's doubly unfair because large chunks of the student body generally live on campus, so by interpreting the law in this (bizarre, unjustifiable) way they're denying students the right to engage in what is otherwise a completely legal activity.  One can see some justification for banning smoking in dorms (fire risk especially - a lot of colleges also ban burning incense and candles, so banning cigarettes can be justified along that line without even talking about the second hand smoke risk), but little to none for banning it outdoors.  There is absolutely no scientific evidence that outdoor second hand smoke imposes a health risk to anyone other than the smoker.  This is all about social control, which is absolutely ludicrous coming from a state public university.  If this law had to do with anything other than smoking, you can almost guarantee the University would have found some other way to interpret it.  I imagine the legal challenges will come fast and thick, which is great but also sad, because of how much tax payer money will be wasted on lawyers trying to defend the indefensible.

3

Simple

Steve Urkel.

Fri Sep 26, 2008 at 02:07:56 PM EST

4.75 (funny, funny, brilliant)

Pick up one of these these phones and say you were just nearly trampled by a group of men who were chasing some woman in the direction of some other part of campus. The police will converge where you say they were all headed, and you can smoke in peace.

6

^ 3

Whatcha in for kid?

Lou.

Fri Sep 26, 2008 at 05:30:29 PM EST

5.00 (astute)

Great idea...until you get caught and you find yourself doing time calling in a false report.  Then you'll find out in great detail what you would be willing/forced to do for a cigarette.

It's the end of the world as we know it, and I feel fine

7

^ 6

Re: code of the cig

Steve Urkel.

Fri Sep 26, 2008 at 06:15:49 PM EST

none

If you bring some other smokers with you to vouch for your story you will be fine.

1

Re: Smoke Gets In Your Eyes, But Not On Campus

skeptic.

Fri Sep 26, 2008 at 09:53:32 AM EST

none

I would advise anybody not to smoke cigarettes, however, I would still grant them the right to smoke; drug prohibitions (as I have argued previously) tend to be socially harmful, and we as individuals should have the right to make our own choices even if we sometimes choose to endanger our own health.  This is a particularly strange case since the prohibition is results from a re-definition of the word "indoors".  I have to agree with the protesters that the university should offer them one or two designated smoking areas.  If possible, marijuana as well as tobacco should be considered acceptable in those designated smoking areas.  After all, marijuana, unlike tobacco, does have some legitimate medical uses.

4

Rational

delete me.

Fri Sep 26, 2008 at 02:36:30 PM EST

none

So if there's a fence around the property, that counts as an enclosed area, right?

- derumi (del-me)
"Bobby Fischer? Man, that guy is crazy!" - Mike Tyson

5

^ 4

Re: Rational

thefadd.

Fri Sep 26, 2008 at 02:48:46 PM EST

none

Apparently, there doesn't even need to be a fence. The campus is merely enclosed metaphorically.

It is easy to buy small plaster models of what you think life is like.

8

^ 5

Re: Rational

pO157.

Sat Sep 27, 2008 at 07:58:44 AM EST

none

Like the insane asylum by my house that doesn't have a perimeter fence?

9

Re: Smoke Gets In Your Eyes, But Not On Campus

pO157.

Sat Sep 27, 2008 at 08:15:25 AM EST

none

The reason why this happened is simple. Have you ever met somebody who worked in University Administration or (even worse, ugh) Campus Housing Administration?* You take a bunch of power hungry people who have no problem enforcing their version of morality or social control on everybody. Ugh. And to think I tried to sign up as an RA my sophomore year to pay some of my horrific bills. Good thing I got rejected.

Anywho, at least elected officials can be voted out of office. Judges can be de-benched or recalled. But administrators are subject to no oversight save for expensive court cases which are way beyond the cost of the average college student. So that's why you see crap like this happening.

*As an aside, apparently the same type of people who think this is a groovy career choice also get together to run your reunions. A recent letter inviting me to a reunion then devolved mostly into a Libertarian Party style request for funds in obscure denominations for vague reasons. Actually it was absolutely nothing like a LP style request because at least the LP explains what they need the money for and makes it somewhat amusing. Not "We need 73 people to donate $57 each to help out the administration because the recent tuition increase to $39,995 doesn't cover all their imported rug expenses!" or something. This is pretty much why when I attend in a few days I am not registering and I hope to slip silently in and out like a ninja. And boost as much free stuff as possible.

**As a double aside, is anybody else creeped out by the fact that most of the "reunion love" from schools seems to go to those people who are in the older age brackets? Am I the only cynical person who wonders if the universities aren't trying to charm their way into some lonely old person's will at the last moment?

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