Is there a “right” to smoke?

No. Smokers do not have a legally protected right to smoke, so it is legal to restrict smoking and create smokefree areas such as workplaces, parks, and even inside apartments and condos. Such smoking restrictions do not (1) unlawfully discriminate against smokers or (2) violate their right to privacy. Smoking restrictions are not unlawfully discriminatory because people who smoke have no special legal protections under either the U.S. or California constitutions. The constitutional right to privacy does not protect the right to smoke – even in one’s home. Very few private acts by individuals qualify as fundamental privacy interests (for example, marriage and contraception) and smoking is not one of them. For a more detailed discussion of this issue, see "There Is No Constitutional Right to Smoke." (available in both a California-specific and national version).