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Where There's Smoke, There's a Lawyer.
ABC News ^ | April 4, 2008 | John Stossel

Posted on 04/06/2008 7:20:30 PM PDT by lastchance

Do you smoke? Well, you better be careful where. I don't smoke, and I don't like the smell, but what some people are doing to smokers makes me say give me a break.

For the last 12 years, Galila Huff has owned Caffé la Fenicé, a restaurant serving Italian food on the Upper West Side of New York City.

Smoking there is forbidden. New York state bans it in all restaurants and bars.

Huff's apartment is a few blocks away at The Ansonia, an ornate turn-of-the-century building that both Babe Ruth and Arturo Toscanini once called home.

Huff lives there alone except for her Chihuahua, and her cigarettes. For 40 years, she's smoked a pack or two a day.

But then in October, she got a letter from her neighbors. It said, "Dear Resident, immediately cease smoking in your apartment, unless and until you take adequate steps to properly ventilate your smoke out of your apartment such that none enters the common hallway."

Huff couldn't believe it. First she can't smoke in her own restaurant, now she can't smoke in her own apartment?

"I mean the cigarettes smell, yeah. But I'm not puffing into their faces," she said.

The complainants -- Jonathan and Jenny Selbin -- wouldn't agree to a television interview, but they did file a lawsuit against Huff, saying she is "willfully, intentionally, recklessly and/or negligently endangering the health of plaintiffs and their 4-year-old son. & As evidenced by her refusal to address the grave danger posed to the health of a small child, despite repeated requests and warnings, defendant's conduct is actuated by evil and/or reprehensible motives."

(Excerpt) Read more at abcnews.go.com ...


TOPICS: Culture/Society
KEYWORDS: antismoking; lawsuit; lawsuits; pufflist; stossel
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To: Paved Paradise

That’s in Mindinao, very far from anywhere I would live.


21 posted on 04/06/2008 7:57:35 PM PDT by 2ndDivisionVet (Knowledge for Battle!)
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To: lastchance
The Selbins really need to be made an example of. They need to a.) lose the case and b.) have to pay for it all.

Talk about crappy neighbors.

22 posted on 04/06/2008 7:57:46 PM PDT by okie01 (THE MAINSTREAM MEDIA: Ignorance on Parade)
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To: infantrywhooah

Listen, you have to give adults a place where they can be adults. You don’t have to have every place, do you? Enough already. There’s room for most of us to be happy.


23 posted on 04/06/2008 7:59:48 PM PDT by GOP_Lady
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To: Graybeard58

“Restaurants, while in public, are privately owned and it should be the decision of the owner whether to allow smoking, not the government’s. Potential customers can decide whether they want to eat there or not.”

Wish more thinking adults saw it that way.


24 posted on 04/06/2008 8:02:40 PM PDT by swmobuffalo ("We didn't seek the approval of Code Pink and MoveOn.org before deciding what to do")
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To: infantrywhooah

You’d love it here in Ohio where even PRIVATE CLUBS ARE ILLEAGAL. There’s also a sign posted at every public facility with a phone number to the State for reporting your fellow citizen.


25 posted on 04/06/2008 8:03:12 PM PDT by GOP_Lady
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To: GOP_Lady

It has nothing to do with happiness, adulthood, health or even smoke.

It has to do with power and control.


26 posted on 04/06/2008 8:03:16 PM PDT by RandallFlagg (Satisfaction was my sin)
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To: elkfersupper

The point was, the “superlawyer” power couple threatened to ruin the lady just by suing her to death, pointing out that they could do this for free on their own time.

A$$holes like that deserve to be (redacted).


27 posted on 04/06/2008 8:03:35 PM PDT by Travis McGee (---www.EnemiesForeignAndDomestic.com---)
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To: GOP_Lady; RandallFlag
Jonathan Selbin


28 posted on 04/06/2008 8:07:36 PM PDT by Travis McGee (---www.EnemiesForeignAndDomestic.com---)
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To: RandallFlagg
Indeed. I was in a store yesterday. I heard two ladies talking about the no-smoking law here in Ohio. They got what they wanted and they're STILL WHINING AND COMPLAINING like children. I said to them cheerfully, “I'll be in Vegas next month, and I can't wait. My husband will actually be allowed to enjoy a cigar with his adult beverage with other like-minded adults.” It shut them right up.
29 posted on 04/06/2008 8:08:13 PM PDT by GOP_Lady
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To: infantrywhooah

So you think it’s OK to tell someone who OWNS a restaurant how to run his business? I don’t like smoke, so I would eat in a non-smoking restaurant, but there are people who enjoy smoking. It should be left up to the business owner whether to allow smoking, not the nanny state.


30 posted on 04/06/2008 8:10:23 PM PDT by DLfromthedesert (Michael Steele for VP)
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To: RandallFlagg
It has to do with power and control.

Ding ding ding!
31 posted on 04/06/2008 8:10:39 PM PDT by Army Air Corps (Four fried chickens and a coke)
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To: GOP_Lady
I call ‘em, “Tobaccophobics,” and enjoy watching their seizures when I walk around an indoor mall with an unlit cigarette in my mouth.
32 posted on 04/06/2008 8:11:46 PM PDT by RandallFlagg (Satisfaction was my sin)
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To: GOP_Lady
There’s also a sign posted at every public facility with a phone number to the State for reporting your fellow citizen.

Sheesh! Do you also have to love Big Brother? Next, people will be conditioned to chant, "The State is mother, the State is father, all hail the State."
33 posted on 04/06/2008 8:13:33 PM PDT by Army Air Corps (Four fried chickens and a coke)
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To: Travis McGee; Eric Blair 2084

Partner, huh? Even the partners that I work with wouldn’t do this (at least I don’t think so). And I thought Sir Eric and I were nerds.


34 posted on 04/06/2008 8:13:33 PM PDT by GOP_Lady
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To: Army Air Corps

35 posted on 04/06/2008 8:14:35 PM PDT by GOP_Lady
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To: Travis McGee
He even looks like a total prat.
36 posted on 04/06/2008 8:15:10 PM PDT by Army Air Corps (Four fried chickens and a coke)
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To: GOP_Lady
Why doesn't Selbin threaten to sue trucking firms and the NYC transit authority for spewing poisonous diesel smoke?

He is threatening dire consequences against a mouse while ignoring the buffalo stampede outside his window.

Big tough guy, he is.

37 posted on 04/06/2008 8:17:23 PM PDT by Travis McGee (---www.EnemiesForeignAndDomestic.com---)
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To: Army Air Corps

He attended Harvard, I see. At least the Harvard grad partners that I work with have a little class.


38 posted on 04/06/2008 8:17:33 PM PDT by GOP_Lady
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To: GOP_Lady

Report rape? Nah. Report a murder? Nah. Report burglary or theft? Nah. Report smokers? Ve must crush zee evil zmokers, comrades! It is for zee greater good!


39 posted on 04/06/2008 8:17:54 PM PDT by Army Air Corps (Four fried chickens and a coke)
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To: Army Air Corps

I’d like to parachute him into Waziristan.


40 posted on 04/06/2008 8:18:22 PM PDT by Travis McGee (---www.EnemiesForeignAndDomestic.com---)
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