28 CFR Part 35 · Subpart B — General Requirements
§ 35.132 Smoking
Last updated June 11, 2026
Clarifies that Title II does not require permitting smoking in facilities or programs.
In Plain Language
Title II does not require public entities to permit smoking in their facilities or programs. Nothing in the ADA prevents an entity from enforcing no-smoking policies, even if someone claims smoking is related to a disability. This section simply clarifies that ADA compliance does not create a right to smoke.
This summary is educational, not legal advice. The official text below controls.
Official Regulatory Text — 28 CFR § 35.132
Verbatim from 28 CFR Part 35, current through June 9, 2026.
This part does not preclude the prohibition of, or the imposition of restrictions on, smoking in transportation covered by this part.
What § 35.132 Means in Practice
- No-smoking policies are fully enforceable regardless of ADA obligations
- The ADA does not require smoking accommodations
- This section is a narrow clarification, not a broad statement about smoking and disability
- Nicotine addiction may be considered a disability in some contexts, but this section preserves smoking bans
Common Questions
Can someone with a nicotine addiction claim a smoking accommodation under the ADA?
No. This section specifically preserves the right of entities to prohibit smoking regardless of ADA obligations.
Does § 35.132 apply to your entity?
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