But Isn't Tobacco Use a Personal Right?
No. For a legal brief explaining why tobacco use is not a constitutional right, visit the Public Health Law Center website.
- Tobacco use is not a protected liberty or privacy right.
- Tobacco users are not a specially protected category of people under the Equal Protection Clause.
- “Tobacco user/smoker protection laws” found in some states do not prohibit a Tobacco Free workplace policy, which is what we on the Tobacco Free Campus Committee are studying for UW Oshkosh.
This legal decision has been upheld on repeal many times, for example as recently as November 2012, visit the Freeman, Mathis and Gary website.
"Smoker Protection Laws"
The so-called "Smoker Protection Laws", including Wisconsin's version, prohibit NicotineFree hiring practices, but the TFC Committee is not studying a NicotineFree policy for UW Oshkosh. Thus Smoker Protection Laws are irrelevant to our work.