What are my rights?

Understanding your legal rights is important for changing tobacco use policies at your college. Important things you should know:

• Colleges and universities in Oregon and across the country have adopted tobacco-free campus policies-they are completely legal.

• Tobacco users are not a "protected class"; there is no "right to smoke" under the law.

• The Oregon Smokefree Workplace Law applies to colleges and universities. Smoking is prohibited inside buildings and structures completely enclosed on at least three sides. As of January 1, 2009, state law prohibits smoking within 10 feet of building entrances, exits, windows that open, and ventilation intakes.

  You have the right to report violations; however, if you feel safe doing so, we encourage you to first communicate your concern directly to a college administrator for internal resolution of the problem.

• Non-tobacco users with certain disabilities and medical conditions (including asthma and other respiratory conditions) may have legal protection under the Americans with Disabilities Act (ADA).

  If secondhand smoke seriously affects your ability to breathe, consult a doctor to have your condition documented. Your college's disability services office or HR department can explain the process for requesting an accommodation to prevent your exposure to secondhand smoke. The most effective accommodation is to designate the campus as tobacco-free; simply moving smoking areas to protect one person just shifts the problem so that it affects others on campus.

• Contact us with questions or if we can be of assistance in advocating for your right to breathe clean air on campus.