What to do about a smoking ban?

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What to do about a smoking ban?

My university apartment complex just instituted a smoking ban. The smoking ban does not include burning incense or candles. They have no visual evidence of me smoking inside my room, only that roommates smell the smoke. Can I win in court with a defense that I am burning tobacco/marijuana flavored incense for religious reasons? If prior cases with similar wins, please share. I plan to be whatever religion uses incense like Buddhism.

Asked on September 4, 2012 under Real Estate Law, Maine

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You are not likely to win on this defense: you would have to prove both 1) that there is a religon that uses incense which smells like tobacco or marijuana--and I am not aware of any--and 2) burning it in your home is a requirement of your religion (i.e. you can't honor the religion without burning it at home), and also 3) that you are and have been a participant in that religion. You can't just assert or claim things--you have to have evidence.


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