Pushing for a VA Smoking Ban
I’ve expressed my desire for a smoking ban in Virginia before, but this guy has a unique way to try and force the issue through the courts. He’s suing restaraunts to force them to go smoke free under the Americans with Disabilities Act based on his coronary artery disease.
Details from the Washington Post:
Bogden is the plaintiff in a lawsuit filed against four local restaurants in U.S. District Court in Alexandria. The suit seeks to require the restaurants to become smoke-free, arguing that they must accommodate Bogden’s disability, coronary artery disease, and eliminate secondhand smoke so he can eat at them. Each of the restaurants allows smoking in designated areas.
Lawyers said that it’s rare to ask a judge to intervene in the debate over smoking in restaurants and bars and that the suit is unusual because Bogden is not seeking monetary damages beyond his court costs. After his doctor warned him to avoid secondhand smoke, all Bogden wants is an order requiring the restaurants to ban smoking.
Asked why he doesn’t eat at smoke-free restaurants, Bogden, who filed his claim under the Americans With Disabilities Act, said those establishments are hard to find.
“And I shouldn’t have to do that,” he said. “The ADA says restaurants can’t discriminate against a person with a disability.”
I find myself completely torn on this story. I love the thought of a VA smoking ban, but I hate the misuse of the courts and the ADA to try and bring it about. I disapprove when big companies, patent trolls, and anyone else abuse the legal process, so I can’t just commend the guy for doing the same.
That being said, if he’s successful, I will definitely celebrate the end result. I went to dinner last week with my wife and 15-month-old daughter at Ruby Tuesdays. They had a bar where smoking was allowed and non-smoking sections for dining. We requested non-smoking and were taken to a booth on one side of the restaurant. We didn’t even sit down because the smoke from the bar was so strong (and from only two people, at that). We shifted to the other side of the restaurant, which worked well until a woman came at sat at the bar and lit up. The last half of our meal was disturbed by nasty smelling cigarette smoke. There was no way to get away from it.
Now, we’re on a budget and limited in dining choices by our daughter’s desire to try and communicate using her outside voice at random times. So, we’re not frequenting the highest class of restaurants out there. Certainly not places that are installing separate ventilation for smoking and non-smoking customers. Outside of the mall food court, few options present themselves for a family meal out without someone else’s smoking becoming an issue.
I can’t imagine that the lawsuit will be successful, if even allowed to proceed. I am hopeful, however, that a split legislature and a strong governor may help a smoking ban actually get codified in law.
