Limitations regarding the use of quotes
The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
A prisoner challenged a prison’s no-smoking policy claiming that the policy amounted to cruel and unusual punishment and discriminated against him based on his disability of being addicted to nicotine. The court dismissed the prisoner’s challenge, finding that the smoking ban is not a punishment. Additionally, the court found that the no-smoking program, which was which was introduced to comply with a properly passed law and designed to meet the worthy goal of public health, is not cruel and unusual treatment. The court also ruled that addiction to nicotine is not a protected disability.