No First Amendment exception to a smoking ban for smoking
on-stage in a play
VOLOKH at law.ucla.edu
Thu Nov 2 13:46:43 PST 2006
By the way, for what it's worth, here's the relevant provision, quoted in relevant part:
§ 25-14-204.... [I]n order to reduce the levels of exposure to environmental tobacco smoke, smoking shall not be permitted and no person shall smoke in any indoor area ....
§ 25-14-203(16). "Smoking" means the burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco.
§ 25-14-203(17). "Tobacco" means cigarettes, cigars, cheroots, stogies, and periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff and snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts, refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and smoking. "Tobacco" also includes cloves and any other plant matter or product that is packaged for smoking.
So while at first the law might seem limited to tobacco smoking, the last sentence of § 25-14-203(17) covers the smoking of all "plant matter" -- including tea leaves -- "that is packaged for smoking."
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