Legal
National
How to make a condo complex smokefree
The Technical Assistance Legal Center (TALC) has just released a new fact sheet showing how California condo owners can make part or all of their complex smokefree. Many people who live in multi-unit housing are exposed to unwanted secondhand smoke in their homes. In condos where each unit is owned separately, addressing this problem can be especially challenging. This fact sheet outlines three approaches to restricting smoking in a condo complex and compares the pros and cons of each. Click here to navigate to the TALC website, which links to the smoke-free condo fact sheet and other useful guides on making apartments and condos smokefree.
Reynolds Tobacco claims show litigation discount (FL)
As tobacco litigation takes the shape of 8000 individual claims rather than class action suits in Florida, tobacco companies could face a drop in market value due to a flood of legal costs. According to analysts, Reynolds American could face a 15% drop in its current $15 billion value due to uncertainty over these lawsuits, a situation called a “litigation discount.” Sympathetic juries have awarded an average of $12.6 million in damages per case to plaintiffs who suffered catastrophic illness from tobacco use. Regardless, a Reynolds American spokesperson expressed optimism stating, “No matter what number of cases is filed against Reynolds, we are prepared to manage and ultimately win these lawsuits.” Tobacco companies Altria Group and Lorillard could also lose market value due to their involvement in the Florida lawsuits. Click here to learn more.
Judge declines to put smoking ban on hold (IA)
An Iowa judge put to rest a legal challenge bar owners recently raised against the state’s new smoke-free law. The bar owners claimed that the law unfairly harmed their businesses and required them to enforce the state’s smoke-free policy. The judge ruled that the bar owners’ economic losses do not warrant discontinuing enforcement of the law, since the businesses are not suffering “irreparable” harm. In addition, economic studies cited as evidence in the case show that smoking laws have a positive impact on businesses over time. For more information, click here.
Tobacco Control Legal Consortium’s latest issue of the Legal Update
This month we feature an update of the Legal Consortium’s most recent publication, “Workplace Smoking: Options for Employees and Legal Rights for Employers.” This law synopsis was prepared by Leslie Zellers and Samantha Graff of Public Health Law & Policy at the Public Health Institute – the Legal Consortium’s California affiliate. Click here to read this latest issue.
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International
Berlin pubs force U-turn on smoking ban (Germany)
As Germany’s smoking ban took effect, owners of small bars filed legal complaints against Germany’s new law, arguing that the ban harmed their constitutional right to practice their chosen profession. The German Constitutional Court ruled that the smoke-free laws must be redrafted by the end of 2009, and that the law did discriminate against small one-room bars, since these businesses were less capable of making accommodations to comply with the law than larger businesses. The court waived the law to allow smoking in one-room establishments smaller than 75 square meters, as long as only adults are admitted and no food is served. In addition, smoking will also be allowed in the bar areas of discos. The ruling only applies to establishments in Berlin and the southwestern state of Baden Wuerttemberg. Despite this apparent setback for a smoke-free Germany, the court’s decision emphasizes the importance of protecting the public from secondhand smoke. Click here to learn more.
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