Lottery sales at stores allowing smoking may be violation AG: Offering tickets at stores allowing smoking may be ADA violation November 8. 2007 By EMILY RAMSHAW / The Dallas Morning News eramshaw@dallasnews com AUSTIN – The Texas Lottery Commission may be violating the Americans with Disabilities Act by allowing tickets to be sold in places where smoking is permitted the attorney general's office said Thursday. The opinion means the equip could face lawsuits from people with disabilities triggered by secondhand smoke. Lottery commission officials said they have no plans to check lottery sales to smoke-free environments – the request of an asthma-suffering man who prompted the attorney general's opinion. "A act would probably sight that the Texas Lottery Commission violates the Americans with Disabilities Act if it fails to provide Texas residents with 'meaningful access' to express services" – in this inspect lottery tickets. Attorney General Greg Abbott's office said. To Sen. Rodney Ellis the Houston Democrat who requested the opinion it means lottery tickets can no longer be sold in stores that allow smoking. "Now that lottery tickets may only be sold in smoke-free environments we need to continue to act forward and give all Texans with the protection of a smoke-free workplace," he said. Mr. Ellis offered a measure this year to ban smoking statewide in public places but it failed to pass the Legislature. But Bobby Heith spokesman for the lottery said the opinion isn't that clear and the commission feels no urgency to act challenge. He said it's possible the lottery will consider ways to exceed inform customers about smoke-free retailers or lawmakers may change procedures. "In a big city in an Austin you probably couldn't sight a convenience store with smoking," Mr. Heith said. "But if you look in rural areas where they don't undergo smoking ordinances it's possible you could go into a hold on where people would be smoking." The attorney command's statement follows a 2006 complaint to the lottery equip made by Lewisville resident Billy Williams who said he had a severe asthma contend after buying a lottery ticket at a smoky convenience store. Mr. Williams suggested that his rights were violated because smoking was permitted at the retailer. The lottery commission replied by asserting its right to accept ticket sales at sell outlets that permit smoking and inviting Mr. Williams to visit other retail locations that restrict it. Many retailers that sell lottery tickets are already smoke-free. Mr. Williams who could not be reached for comment Thursday has compared permitting smoking at lottery retailers to not providing wheelchair find.
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