Where There's Smoke, There's a Lawyer.

ABC News ^ | April 4, 2008 | John Stossel

[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."

[BykrBayb]

This is not a democracy (it’s a republic), and this is not Democratic Underground (it’s FreeRepublic).

And no, I’m not voting for the liberal mentioned in your tagline.

[BykrBayb]

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.

That wasn't their only threat. From page 3 of the article:

This week Jonathan Selbin wrote ABC News and asked, "Have you asked Ms. Huff how she would react if we put dog poison in the shared hallway?" So we asked her.

"How can you say something like this?" Huff said.

On Thursday night she agreed to his demands.

Here is one of the demands he listed in the statement he gave John Stossel:

We told Ms. Huff that we would quickly dismiss our lawsuit if she would simply agree to use these air purifiers and to put a fan in her window blowing out.

I don't believe they offered to pay the ridiculous cost of heating and cooling her apartment while blowing it all out the window.

[GOP_Lady]

freekitty! Hope all is well. :-) I just don't like to see people getting upset and angry at/with each other when a good solution could be found to make nearly everyone happy. That's what makes people mad at each other, mad at law, and mad at government. It doesn't have to be that way — that's no reason for it.

[GOP_Lady]

I just don't get it. Maybe I'm dumber than Sir Eric. :-) You don't like to be around smoke, but you live in an apartment complex. You know there's a possibility of encountering smoke. Why would you put yourself in that position? Why would you not live in a single-unit where you wouldn't have to worry about it. You see, that's me. I take responsibilty for myself. I put myself in control so I won't have to force my way on others. I know it's not always the case in every situation, but I think you get my drift.

[BykrBayb]

Oh, I absolutely get your drift. What I don’t get is how these bullies got away with threatening to poison her dog if she didn’t submit to their unreasonable demands.

[Eric Blair 2084]

That is a very well written and well researched post. You said it all.

I have nothing intelligent to add. All I would do is fart in the elevator like I said.

Let them spend hours of their meaningless life lobbying their liberal local assemblycritters to ban elevator farting.

Good luck to these miserable unhappy fools who think Gubmint can save them from every annoyance.

[BykrBayb]

All I would do is fart in the elevator like I said.

ROFL - Capital idea, my FRiend!

[GOP_Lady]

LOL. Oh, Sir Eric, you're just too cool. I'll have hubby smoke a stogie in your honor you no where.

[Eric Blair 2084]

These libs have very sensitive noses...so just be kind and go easy on the Taco Bell hot sauce before you break wind.

[The Ghost of Rudy McRomney]

The typical liberal fag. Compare his pic to one of Corzine,Baldacci, or Bloomberg, you’ll see the same self-righteous arrogant look.

[BykrBayb]

If I had neighbors like that, I could learn to like cauliflour tacos with extra beans and garlic.

[GOP_Lady]

Hi, Ghost. Hope all is well. :-) Nice to see you again.

[Alamo-Girl]

Thanks for the ping!

[The Ghost of Rudy McRomney]

Sorry, but you’re wrong. They DIDN’T get what they wanted-which was/is to remove every user of tobacco from the planet, by any means possible. Giving smokers the death penalty if caught smoking MIGHT be enough for them, but I seriously doubt it.

[Eric Blair 2084]

Dark, I don't know who Baldacci is nor do I care. (don't you dare even try to tell me who he/she/it is) But this if for you my man...

PS: Don't you ever tell me about this Baldacci. Ever.

[The Ghost of Rudy McRomney]

That’s the type of mentality you see on FR these days. Why are you surprised? It depends on whether or not it’s something they personally like, though.

[timm22]

placemarker

[boop]

"I am all for banning smoking in public places, restaurants especially"

Really? Even Hookah bars and cigar bars where people go to enjoy a smoke?

[uglybiker]

Time to find the stinkiest incense and light it up for all

Cooking with Kimchi.

[The Ghost of Rudy McRomney]

Going ok, other than for the seemingly increasing number of morons and false conservatives here. B^D