prez65 said:
A couple of things have been raised again....I stayed in a Non Smoking Room at OKW....outside my room was a bench...next to the bench was an ashtray...I would take that as a sign that you can smoke there.....
The bus stops...They have ashtrays...I would take that as a sign that smoking is allowed there....
The front entrance of the check in area has ashtrays outside the door...Again a sign you can smoke there....
Ashtrays also outside of Olivias...Another sign you can smoke...
No ashtrays by the Pool...I take as a sign not to smoke....
With the exception of the pool, I think your assumptions are consistent with Florida law. Generally, the law forbids smoking in most indoor locations which are open to the public, and permits smoking in most open spaces. So if you see ashtrays in an open area at WDW, I think it's perfectly sensible to assume that smoking is permitted there.
Unless smoking is prohibited at pools, I'd say it's permissible. Not something I'm fond of, certainly, but probably permissible. If it is allowed and I don't like that, my remedy is to appeal to
DVC and ask them to change their policy, but I would not criticize smokers for smoking in a permissible location.
So the only law that would be broken by a smoker is smoking in a non smoking room...I think the Balconies are an iffy situation..they are outside...but they are attached to the building.....so hop the rail or lean over and I guess it would be OK to smoke.
I'd argue that the balcony is clearly an integral part of a non-smoking room, and that smoking on the balcony is not only against DVC policy (see the above post where the CMs thanked a member for reporting smoking on an NS balcony), it is also against Florida law. Florida law permits smoking on open patios and decks which are less than 50% enclosed, but I'm quite sure that doesn't mean balconies of NS accommodations. Florida law prohibits smoking in
any lodging room unless it has specifically been designated for smoking, so I think it's pretty clear what the intent is.
*****
I also think smokers would do well to look back at the history of the Florida smoking law. It was not passed by the legislature. Eventually anti-smoking activists collected enough signatures to get the issue on the ballot as a constitutional amendment and it passed overwhelmingly.
Recently, there has been pressure on the legislature to broaden the smoking ban to include just about everything except private residences -- indoor, outdoor, everywhere except private homes. The legislature is not about to pass that, for a variety of reasons. But if that proposal ever makes it to a ballot as a constitutional initiative, it will again pass overwhelmingly.
Don't forget we are the state that now has a constitutional protection for pregnant pigs! Any halfway worthwhile sounding constitutional amendment will pass.