Law 9028 that embraces Smo- king-free Areas in Campus stri- kes Controversy in Smokers and Nonsmokers Wrangles

Law 9028 that embraces Smoking-free Areas in Campus strikes Controversy in Smokers and
Nonsmokers Wrangles
The Cult • October 2014
By A. Angulo. 

In March 2012, Costa Rica ap- proved the law 9028 that regulates the consumption of tobacco in public areas, including the greens at the Uni- versity of Costa Rica. During the past 2 years, the UCR has invested in a cam- paign named UCR 100% Tobacco-Free (100% libre de humo de tabaco), plac- ing banners all across campus. In spite of the latest Costa Rican law enforce- ment and UCR pro-environmental ef- forts, some UCR students, faculty and visitors seem to defy it.
Last August, in one of the green areas at Letras school, a group of students were having a good time, smoking right in front of the long banner that drops from the 4th floor to the 2nd floor of wing B. Besides the failed attempt of the banner to discourage students to smoke, nearby there is an- other group of bold students about to request them to respect their rights. To such request, the group of smokers answered not to being smoking tobac- co, but “weed.” As expected, campus police comes into action and only re- quests them to leave. No infraction or behavior fine was issued.
UCR 100% Tobacco-Free is clearly healthy beneficial for both smokers and nonsmokers. However, since the law 9028 does not prohibit either smoking or trading cigarretes, then this ambivalent law may repre- sent a discriminatory enforcement. Movements like Smokers Against Discrimination, found in Face- book, defend theirs right of smoking in public areas under a democratic principle of free-choice. They denounce, “The smoking ban is a manifestation of the uncompromising, arrogant and intrusive nature of government into the everyday lives of citizens. The result is the removal of choice and persecution of smokers exercising their own free will in consuming a legally available product.”

As long as cigarettes are legal, to pro- tect the rights of citizens equally as well as to sustain free-smoking areas for nonsmokers, public smoking areas should be restored. In a similar con- text, Smoker Protection Law, enforced in many states of the USA, “pre-

vent employers from discriminating against employees for using tobacco products,” during working hours. In the form of an analogy, the Rectoría should avail the rights of all community members. Opening restrictive areas for smokers is the most democratical solution.