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Grusendorf v Oklahoma City Facts of the Case The defendant Grusendorf a city firefighter trainee was fired for violating the terms of agreement he signed as a precondition of employment This term of agreement stated that no trainee may smoke a cigarette either on or off duty for a period of one year from the time he started working for the city The incident that precipitated his dismissal occurred during an unpaid lunch break on a particularly stressful day in which the defendant took about three puffs on a cigarette Another employee witnessed it and reported the incident A federal district court granted the city s motion to dismiss the defendants Grusendorf suit and he appealed Legal Issue 1Were Grusendorfs fourteenth Amendment rights violated when he was dismissed from his job on the grounds of smoking No Reasoning Opinion Of the Court Delivered by Barrett Circuit Judge The court agrees with the defendant that cigarette smoking may be distinguished from the activities involving liberty or privacy that the Supreme Court has recognized as fundamental rights we the court are not confident that this observation effectively disposes of Grusendorfs claim Grusendorf argues on appeal that the non-smoking condition imposed by the Oklahoma City Fire Department required him to surrender his constitutional rights in the area of liberty and privacy The rights of liberty and privacy that Grusendorf relies upon are not clearly spelled out in the constitution They have been variously described as penumbras emanating from the Bill of Rights Griswold v Connecticut 1964 zones 4 of privacy implicit in the fourteenth amendments concept of liberty Palko v Connecticut1937 or simply as the right to be let alone Olmstead v United States 1928 The Supreme Court recognized these implicit rights when for example it supported the right of an individual to provide children with foreign language instruction Meyer v Nebraska 1923 the right of parents to educate children in private
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