If DVC banned smoking would there be law suits?

[Tigger031266]

Theoretically, if DVC banned smoking would smoking owners be able to sue? Just curious. I would say no because nothing in the contracts garentees smoking but I am not sure. There sure seems to be many problems with non-smokers getting smoking rooms. Maybe there is a DVC Lawter out there.

 

[Anewman]

Not a lawyer but, Lawsuits are filed every day for all kinds of silly things.
So yes they could sue, But not a chance they win.

 

[Bracho]

I have to say I disagree with Anewman this time.. I think they might win. After all I have been shocked reading about some of the crazy lawsuits that folks have won.. it is amazing sometimes.

I don't smoke and I'm not crazy about the smell but it doesn't matter what side you're on when it comes to the smoking issue, until now there hasn't been a "no smoking" section in any DVC contact to date and to out-law it now so late in the game would just be asking for a whole bunch of lawsuits.

Each side feels as if they have more rights then the other for one reason or another and to be honest, both sides go a little over board sometimes.

An interesting question Tigger031266...

 

[CarolMN]

There are many timeshares that are totally non-smoking. If DVC wanted to make its resorts 100% nonsmoking, I am 100% sure it could do so. Anyone can sue for anything, but that doesn't mean they would win. Maybe DVC would just buy back their membership -

FWIW, it may seem that there "many problems with non-smokers getting smoking rooms", but it is really a very small percentage if you compare it to the number of people who have gotten their non-smoking request. People are very vocal about this issue - if you go by posts on this board, you will get a very skewed idea of how often it really occurs. Most who get stuck in a smoking room seem to be those who arrive very late in the day.

That said, I do wish DVC would at least guarantee non-smoking to anyone who books at his/her home resort prior to the 7 month window. I do not believe that would cost much to administer (if anything) and give those who cannot tolerate smoke a viable option.

Best wishes -

 

[NMW]

Just my opinion, but the state of Flordia seems very against smoking. They ban it in restaurants, malls, etc. Didn't they pass that clean air act in 2003? Unless a DVC contract says it's members have the right to smoke (which I'm sure it does not) I think FL would be a tough state to win a "I want to smoke" lawsuit in. I know I have been told by MS and CM's in the past couple of years that "in a few years ALL of WDW will be Non-smoking." Maybe this was just their opinion or maybe it's the political climate of the state of FL?

I guess if DVC members complained, DVC could offer to buy back their memberships, or they could do nothing at all.

 

[Dean]

I don't think there's any chance one could win a law suit on the basis that DVC was smoking when they bought and it was a promise. There may be other approaches to take related to civil liberties but I doubt it. There certainly are hotels and timeshares that are non smoking. And there are a number that have, or are in the process, of going all non smoking. IF DVC, or Disney in general, were to go all non smoking, they'd have to enforce it. That means policing it immediately, sticking to their guns and hefty fines that were enforced. I see FL law mandating it before DVC or Disney would totally go that direction. But I could definitely see the state going that way in the next few years.

 

[Chuck S]

I agree with Dean. I think Disney/DVC will wait for the state to make the move.

 

[jarestel]

As one who was in the workforce during the time that many businesses decided to ban smoking in the workplace, I can tell you that there was all kinds of talk about violations of civil liberties and what not. Additionally, the same kinds of chatter surfaced when municipalities began passing ordinances against smoking in restaurants. To my knowledge, not a single lawsuit ever overturned an employer's right to ban smoking in the workplace or a city's right to pass clean air laws and I would expect similar results if push came to shove over smoking with DVC. There hasn't been a "smoker's rights" case decided in favor of the smoker in recent memory, unless the suit was against the tobacco companies.

Having said that, I concur with previous posters in that Disney would probably prefer to wait for the city or state to legislate this so they can say they're just following the law and their hands are tied.

 

[disynut]

I'm just surprised that all of WDW hasn't gone to Non-Smoking anyway. As many places that we go(outside of WDW and FL), it always seems kind of a "shock" to be walking through the Magic Kingdom and to suddenly walk through someone's exhale of smoke. I know there are smoking areas, but people smoke outside of them. It is just a surprise for us, because most everywhere else we go smoking is banned.

 

[FreeTime]

What would the difference be from someone suing because all rooms are nonsmoking and someone suing because they purchased a timeshare believing that they could get a non smoking room each time and then at some point having to stay in a smoking room. Regardless or when someone checks in, I think that a non smoking request should be priority.

 

[Dean]

What would the difference be from someone suing because all rooms are nonsmoking and someone suing because they purchased a timeshare believing that they could get a non smoking room each time and then at some point having to stay in a smoking room. Regardless or when someone checks in, I think that a non smoking request should be priority.

From a legal standpoint they are basically the same. What one expected, were promised and what was in place at the time would have no bearing EITHER way. The only difference would be that it'd be far easier to allege harm if a non smoker got a smoking room and had a medical problem than if a smoker were not allowed to smoke.

 

[rchristiansen]

I think DVC could use the angle that the cost to upkeep the smoking rooms is too high (getting the stench out and all and keeping the furniture, etc free from stains). Therefore if they kept the smoking rooms our dues would all raise more than acceptable. --- just a thought.

 

[JimC]

...That said, I do wish DVC would at least guarantee non-smoking to anyone who books at his/her home resort prior to the 7 month window. I do not believe that would cost much to administer (if anything) and give those who cannot tolerate smoke a viable option.

Best wishes -

Carol great idea!!

I do hope they someday ban smoking property wide. It would reduce maintenance costs.

 

[Dean]

I think DVC could use the angle that the cost to upkeep the smoking rooms is too high (getting the stench out and all and keeping the furniture, etc free from stains). Therefore if they kept the smoking rooms our dues would all raise more than acceptable. --- just a thought.

It is proven to cost more to maintain the rooms. Marriott's Grande Ocean is in the midst of a major renovation, one building (10 altogether) at a time. All that are redone are now non smoking with fines associated. Once completed, it will be all non smoking.

 

[CarolMN]

It is proven to cost more to maintain the rooms. Marriott's Grande Ocean is in the midst of a major renovation, one building (10 altogether) at a time. All that are redone are now non smoking with fines associated. Once completed, it will be all non smoking.

Just curious - do you (or anyone else) know how the fines are administered? Are there inspections, smoke alarms or perhaps just housekeeping monitors? Kind of wondering how the resort goes about "proving" that a particular guest was the culprit.

Best wishes -

 

[dianeschlicht]

I like the idea of fines associated with smoking in a non-smoking room, but it does require the cooperation of the housekeeping staff, and sometimes THEY are the problem at some establishments. I have never seen that at WDW, but I have seen plenty of housekeepers at hotels smoking while they do up a room!

 

[Dean]

Just curious - do you (or anyone else) know how the fines are administered? Are there inspections, smoke alarms or perhaps just housekeeping monitors? Kind of wondering how the resort goes about "proving" that a particular guest was the culprit.

Best wishes -

Resorts can take a number of steps including using housekeeping, evidence on cleaning day, other guests complaints, smoke detecters and the like. They don't have to prove it necessarily, only have a reasonable suspicion. But most resorts would give the guest the benefit of the doubt if there were any question whether it happened or not. What happens over time at resorts that do aggressively enforce it is that those who might be tempted are less likely to do so due to fear of fines which can be $250 or more and in some cases, cause one to be evicted and possibly never to return.

But just like room occupancy, there will always be dishonest people who will get by with it.

 

[spiceycat]

when I joined DVC at OKW (DVC) there were half smoking and half non-smoking - now I think there are what 3 building smoking.

I got told that member or guest request for non-smoking vs smoking were the reason for the chance at all the WDW resorts.

all the WDW resorts have less smoking rooms than they did in 70, 80 and early 90's.

 

[JodyTG]

Here's another reason that non-smoking requests aren't met. I was next to a couple a check-in at POFQ a few years ago who had requested a smoking room, but they didn't like where it was so they chose a room that was NON-SMOKING but in a better location. I also heard the wife tell the husband that he could just smoke outside.

Does anyone know if most of the "good views" at the DVC hotels are non-smoking? This could be a part of the problem: the "I want to smoke but I want a good room too" issue. Could also be where the smoke smell in non-smoking rooms comes from.