Webber

John Carl Webber, Jr., Floyd Smith, Larry Freeman, and David Allen, Federal Prison Camp inmates in Sheridan, Oregon, appeal pro se the district court’s order granting-summary judgment for the prison officials in the inmates’ 28 U.S.C. § 1331 claim for equitable relief from a smoking ban instituted at the camp. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review a district court’s grant of summary judgment de novo, see Freeman v. Arpaio, 125 F.3d 732, 735 *461 (9th Cir.1997), and we affirm in part and reverse in part.

The inmates first argue that they were denied equal protection because Federal Correctional Institution inmates are permitted to buy and use tobacco whereas Federal Prison Camp inmates are not. The inmates, however, are not members of a suspect class. The inmates have also failed to show that smoking is a fundamental right. Thus, to meet the requirements of the Equal Protection Clause, the prison officials must show only that the ban bears a rational relation to a legitimate governmental objective. See Coakley v. Murphy, 884 F.2d 1218, 1221-22 (9th Cir.1989).

The prison officials correctly assert that the Bureau of Prisons has a legitimate objective of…