handmaid90
Junior Member
What is the name of your state?What is the name of your state?What is the name of your state?OH
Our municipality recently enacted a Smokefree Indoor Air act that bans smoking in a workplaces, including private establishments.
My question is regarding the elderly that live in residential facilities as they are the members of our society that are the most often overlooked.
According to the Ohio Revised Code, retirement facilities residents have rights:
<§ 3721.13. Residents' rights; sponsor may protect rights.
(A) The rights of residents of a home shall include, but are not limited to, the following:
[....](18) The right to use tobacco at the resident's own expense under the home's safety rules and under applicable laws and rules of the state, unless not medically advisable as documented in the resident's medical record by the attending physician or unless contradictory to written admission policies; >
So my question is this: Can a city ordinance take away a right that is explicitely granted by state law?
I know smoking is not popular, but regardless your personal opinions or objections, think about a 90 year old WWII vet who fought for freedom being either a) denied his right to smoke his cigarette in his place of residence (and I use the word right only because that's what is used in the state law) or b) being shunned outside unsupervised in 5 degree temperatures to be able to smoke, unable to reach help if needed.
Our municipality recently enacted a Smokefree Indoor Air act that bans smoking in a workplaces, including private establishments.
My question is regarding the elderly that live in residential facilities as they are the members of our society that are the most often overlooked.
According to the Ohio Revised Code, retirement facilities residents have rights:
<§ 3721.13. Residents' rights; sponsor may protect rights.
(A) The rights of residents of a home shall include, but are not limited to, the following:
[....](18) The right to use tobacco at the resident's own expense under the home's safety rules and under applicable laws and rules of the state, unless not medically advisable as documented in the resident's medical record by the attending physician or unless contradictory to written admission policies; >
So my question is this: Can a city ordinance take away a right that is explicitely granted by state law?
I know smoking is not popular, but regardless your personal opinions or objections, think about a 90 year old WWII vet who fought for freedom being either a) denied his right to smoke his cigarette in his place of residence (and I use the word right only because that's what is used in the state law) or b) being shunned outside unsupervised in 5 degree temperatures to be able to smoke, unable to reach help if needed.