Jonesboro, AR asked in Business Law, Gov & Administrative Law and Municipal Law for Arkansas

Q: Can a church allow smoking if they are a private residence

1 Lawyer Answer
James L. Arrasmith
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  • Municipal Law Lawyer
  • Sacramento, CA

A: In Arkansas, the rules regarding smoking in private residences, including those used as places of worship, are generally less restrictive compared to public spaces. If a church is also a private residence, the decision to allow smoking typically falls under the discretion of the property owner or residents.

However, it's important to consider that if the church opens its doors to the public for worship or other events, it may then be subject to public health laws regarding smoking in public places. Arkansas has specific regulations about smoking in public places, including places of employment and areas where the public congregates, which could apply to a church during public events.

If the church functions as both a private residence and a public place of worship, the rules around smoking could vary depending on the specific use at any given time. In such cases, balancing the respect for private property rights with public health regulations is key.

For detailed guidance on how these rules apply to your specific situation, it may be helpful to consult with a legal professional familiar with Arkansas state law and local ordinances. They can offer advice tailored to the dual nature of the property as both a private residence and a place of public gathering.

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