Action 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 held, 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:

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 following link.  To read all of the pages, please use the "rotate" command in your PFD reader:

For more information on the rights of nonsmokers to resist smoke drifting into their homes (apartments, condos, townhouses, etc.) please click on:


Action on Smoking and Health (ASH)
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