Holland, MI asked in Civil Rights for Michigan

Q: Can a apartment complex ban smoking and vaping on the entire property when most of them are handicap?

The complex is going to make them go all the way to the sidewalk to smoke or vape... Not even going to be able to vape in the apartments. One person is even paralyzed from the chest down, and in bad weather, they will expect him to go to the sidewalk

Related Topics:
1 Lawyer Answer

Brent T. Geers

Answered
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: I am unaware of any law that creates an exception for persons with disabilities to smoke, nor is there a right to smoke. If the apartment complex bans smoking on the property for everyone, than I think they are well within their right to do so. It would be different if they said anyone can smoke in their apartment except for disabled people, who must go out to the street to smoke.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.