ASH HELPS NONSMOKERS BAN SMOKING IN
on Smoking and Health (ASH) recently assisted a talented and dedicated
attorney in Dallas, Texas, to protect two nonsmokers from tobacco smoke
which was drifting into their home from a adjoining townhouse.
Attorney J.D. Milks represented the
nonsmokers, and was able to obtain a TRO (Temporary Restraining Order)
prohibiting the neighbor from smoking in her own home.
Although the TRO will last only until further legal proceedings can be
the judge's decision to grant the TRO strongly suggests that the
nonsmokers will ultimately be successful as this case proceeds.
Attorney Milks consulted with ASH's Executive Director, public interest
law professor John Banzhaf, who first helped develop this area of law,
and who has assisted other nonsmokers in fighting against smoke
drifting and/or re-circulating into their homes.
Banzhaf provided Mills with some relevant legal precedents, helped
propose legal theories (causes of action), and provided extensive
information about the harms caused by drifting tobacco smoke.
Banzhaf said this victory is important and could possibly be precedent
setting, since most similar cases involve either rental or condo
apartments, and that the extension of this growing nonsmokers' right
to residents and owners of townhouses is a significant step forward.
To read the lengthy complaint and supporting documents (in PDF form),
please click on the following link. To read all of the pages,
please use the "rotate" command in your PFD reader: http://ash.org/dallascomplaint
To read the actual Temporary
Restraining Order which the judge issued ordering the defendant to
"desist and refrain" from smoking in her home, please click on the
To read all of the pages, please use the "rotate" command in your PFD
Action on Smoking and Health
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