Lawsuits - Do it Effectively

I’m not a lawyer, but it doesn’t take a lawyer to see, by recent history, what does NOT work in suing against a smoking ban:

  1. Constitutional rights - nope, no specific reference to tobacco use in the constitution and the “health threat” justifies regulation.

  2. Freedom of assembly rights - nope, it’s a voluntary activity, and “health threat” justifies regulation.

  3. “Equal playing field” cries - nope, no basis for restricting legislative actions... and health threats cannot supersede your losses.

  4. Pre-emption of local laws - Unless you get lucky with a Court that greatly respects law over “home rule” or activists ideas, nope... local governments are justified because of “health threats”.

  5. Private property rights - nope, because as privately owned as your business is, society considers it a public place with supposedly captive employees, so regulations against this “health threat” are justified within your privately owned establishment. Hell, in California, some localities are now banning smoking in apartments and multi-family houses - YOUR HOME, otherwise regarded as your castle, is now open season for legislative bans, because your neighbors need protection from a “health threat”

Do you see the trend here? Legislatures and Jurists might be uneasy about tramping upon private property and individual freedoms, but in all cases, the bottom line justification is that the supposed deadly health threat from ETS (second hand smoke) trumps freedom.

So, how do you sue effectively? There is only one way:

Attack and Disprove this Fraudulent Health Threat!

You have already read HERE that the dangers claimed to be caused by ETS are a falsehood and a fraud. This lie on ETS is the anti’s biggest and only weapon - and its working very well. I will say this in big letters, so maybe all of you will get the picture:

If you are going to sue for your freedom to allow a legal activity on your private property, you have to demonstrate that the health threat of ETS, which currently holds “common knowledge” status around the world, is a LIE.

Here is how I can demonstrate this working (naturally, you should get refinement of this with a lawyer):

Your Lawsuit is to nullify a local, county or state law which forbids you allowing the act of smoking tobacco products, legal products, within your privately owned business. Your offense on this action is

  1. 1)The belief that ETS is a “proven danger” to non-smokers is false, and you are prepared to present this evidence in full.

  1. 2)Despite the efforts of many who question the belief that ETS is dangerous, The mainstream media, Government Agencies and Elected Representatives have all failed to examine the evidence of this falsehood regarding ETS. This failure of examination is evident in that all of the above parties have failed or refused to publish any documentation of an examination of this evidence that addresses all details of this falsehood and disprove it. All that has been published are press releases and quotes from parties interested in the propagation of this falsehood.

  1. 3)Since it is seen here that the dangers of ETS are false and the ensuing justification of “health protection” are unnecessary, and since this unnecessary “health protection” is the sole justification for this law, the freedom to consume a legal product on private property must win the day.

Additional Information:

Be prepared to demonstrate, via documentations and expert witnesses, the science of Epidemiology - including the fact that these studies can only suggest, NOT PROVE, causation, what constitutes valid results in these studies, what results must be seen to suggest (but not prove) causation, and show how all values for second-hand-smoke to date do not scientifically suggest causation. Also show, in explaining these studies, the errors implicit in the questionnaires and methodology as applied to second hand smoke study.

The other side will desperately try to show ETS danger, but they will probably not engage specific science to do so (because they cannot). Most of their arsenal will be “expert” testimony and implied “scientific consensus”. They might, however, throw some numbers out there. You must be ready for this.

If the lawyer you speak to doesn’t agree nor is eager with the fundamental approach of demonstrating that ETS threat is a lie, then you need to get yourself another lawyer. That lawyer is either lazy, ignorant of legal action along these lines to date, or is only interested in your money, not your success.

As I have written, get a basic understanding of the Fraud HERE

Individual Lawsuits

Business groups and organizations aren’t the only people who can sue. If you are an individual of means with time on his/her hands, and live in a smoking ban area, break the law and challenge it. Follow the above and ride it high up the court structure. You could be the one that sets the precedent that the science is a fraud and that these bans are an unnecessary infringement upon individual liberty and private property freedom.