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

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • 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.

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