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2 sue WVU to stop smoking ban from starting July 1

Jun. 13, 2013 @ 08:45 PM

MORGANTOWN — A student and a research assistant are suing West Virginia University to stop a campus-wide smoking ban from going into effect July 1.

Kyle Gregory and Dennis Cole are demanding an injunction in Monongalia County Circuit Court.

They argue the smoking ban is discriminatory because it creates two classes of people, tobacco users and non-users.

WVU declined comment on the litigation.

WVU is banning tobacco produces from all property it operates and from any streets immediately next to or passing through WVU property.

The complaint contends that would prohibit some drivers from smoking in their cars, and it would ban smoking on a trail bordering the arboretum.

The Board of Governors approved the policy last year. Violations can result in termination or expulsion.