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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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What legal actions can I take against businesses or people

Customer Question

what legal actions can I take against businesses or people that violate a cig smokers few rights. The Freedom to Breathe (FTB) provisions amended the Minnesota Clean Indoor Air Act (MCIAA) to further protect employees and the public from the health hazards of secondhand smoke. Smoking is prohibited in virtually all indoor public places and indoor places of employment. The Minnesota Clean Indoor Air Act does not prohibit outdoor smoking, regardless of distance from building openings such as doors and windows. my county[martin] city [Fairmont]ordinances I can not find any additional regulations of local ban smoking in or on general public access to business properties or public areas. but I have been subjected to harassment many times and no longer leave my home unless shopping for necessary supplies. most recent event- Five Lakes Shopping Centre area the buildings have what appears to be shared parking areas for the mall stores and buildings but fairway building 500 S State St Owner is Fareway Stores Inc. 6/9/2015 I arrive by car driven by a person who also is going to get food, they went in, I stood by ashtray [est.12'from door] finishing my cig, then a fareway employee told me I can not smoke outside store. I pointed to the ashtray at my feet (sand-filled flowerpot store provides) I said will put it out when I finish before I go in to buy groceries. he tells me no I have to be 30 feet from store. ok I paced out 30 feet into parking lot. I turn around and now employee plus a store manager are about 15 feet coming toward me. manager now is telling me its illegal to smoke on property its the law. [i cant find any law other then fed buildings having distance from exterior doorways] again I point out I am now standing the requested 30 plus feet away and question why provide ashtray [I now cant reach] and he tells me its just for putting out cigs before shopping. do I have a legal right to shop at a grocery store that's open to the public? I was causing no disturbance. do I have a right to smoke outside at the ashtray provided that others do use. is there any laws deny me access. I should point out I am disabled that could be reason of their discomfort of me. I now have to wait for my next health worker visit to do a 2nd attempt at getting food. what laws protect any smokers rights? what are they?
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.
HelloThis is Samuel and I will discuss this and provide you information in this regardThe MCIAA does not regulate smoking outside of buildings. At this time there is no statewide law regulating the act of smoking outside buildings, regardless of distance from a building or building opening.However, property owners may choose to create restrictions regarding smoking areas outside of their buildings on their property.
Expert:  Sam replied 1 year ago.
Additionally, the proprietor should not have any ashtrays around the property and there should be signs posted.I know you said you have reviewed the MCIAA but here is a link for FAQ
Expert:  Sam replied 1 year ago.
I suggest that you can contact the corporate headquarters of the grocery store and tell them how you were treated and that there are no Signs posted and the ashtray was there. See if you can get some sort of satisfaction that way. Otherwise, unfortunately, you have no legal course via the court system unless you want to bring a civil lawsuit based on a visible disability if you want to claim you were denied access because of it.

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