Legal Question in Health Care Law in Rhode Island

Is illegal for someone to smoke around you if you have told them to stop?

Hello,

I was wondering if a law exists that states that a person cannot smoke around you if you ask them not to. I live with my parents and a friend of theirs smokes around me all the time, and I find this very uncomfortable and unhealthy. I asked her not to and she said that she would not make any promises about the issue. I think that she would stop risking my health and my parents if I told her that it was prohibited by law.

Thanks for your help.


Asked on 8/26/03, 11:21 pm

2 Answers from Attorneys

Jules D'Alessandro D'Alessandro & Wright

Re: Is illegal for someone to smoke around you if you have told them to stop?

The only law that I am aware of has to do with public places. It is illegal to smoke in or within 100 feet of all municipal and/or state owned facilities. In addition each city or town in the State of RI may have an ordinance concerning smoking in public. You chould check the local ordinances for the applicable prohibition if there is one

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Answered on 8/27/03, 2:12 pm
Linda MacDonald Glenn Law Offices of Linda MacDonald Glenn

Re: Is illegal for someone to smoke around you if you have told them to stop?

The only law prohibiting smoking pertains to public places -- not residences. However, since it is your parents' residence, they do have the right to tell their friend that she may not smoke in the house; that she must step outside to smoke, or they will ask her to leavethe premises. If she doesn't leave, she could be charged with trespassing.

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Answered on 8/30/03, 9:03 pm


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