Rossie v. State of Wisconsin/Department of Revenue

Employee sought an injunction against discipline imposed by DOR for smoking at work and to challenge constitutionality of Clean Indoor Air Act as violation of equal protection (since smoking was prohibited in some places and allowed in others) and as impairment of contract.  Circuit Court enjoined DOR from using internal disciplinary system to enforce administrative directives.  Court of Appeals dissolved the injunction and ruled that the statute, which prohibits smoking in any closed, indoor area of a state building while permitting smoking in designated areas, was rationally based on an attempt to decrease exposure to smoke in areas that nonsmokers could not easily avoid and, therefore, did not violate the equal protection of the DOR employee who was prohibited from smoking during his employment; nor did the statute in any way impair employee’s contract with DOR.  See “Validity, Construction, and Application of Nonsmoking Regulations”, 65 ALR4th 1205.

133 Wis.2d 341, 395 N.W.2d 801, 1 IER Cases 1048, 105 CCH LC sec. 55658, 65 ALR4th 1191, (Wis.Ct.App. 1986).