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Lawsuit seeks ban on smoking around apartment complex
AP ^ | 6/29/6

Posted on 06/29/2006 7:43:23 PM PDT by SmithL

Los Angeles -- The father of a 5-year-old asthmatic girl has sued the apartment complex where the family lives in an attempt to stop residents from smoking in common areas.

The lawsuit, filed Wednesday in Superior Court, alleges that second-hand smoke from common areas around the complex have hurt Melinda Birke's health. The areas include the swimming pools, the barbecue areas, the children's playground, the outdoor dining area and the entrances to the rental office and clubhouse.

The girl has had pneumonia three times since 2003, and has suffered from asthma and chronic allergies since she was 18 months old, the lawsuit states.

The family's attorney, Michael Sohigian, said it may be the first time someone has filed a lawsuit attempting to have secondhand smoke declared a public nuisance.

(Excerpt) Read more at sfgate.com ...


TOPICS: Culture/Society; Government; News/Current Events; US: California
KEYWORDS: allergies; asthma; attacklawyers; lawsuit; nannystate; pneumonia; pufflist; righttobreathe; righttolife; secondhandsmoke

1 posted on 06/29/2006 7:43:25 PM PDT by SmithL
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To: SmithL

What a load of crap. Figures it's San Francisco...


2 posted on 06/29/2006 7:47:47 PM PDT by thoolou (Politics--The last refuge of the nincompoop. - Berke Breathed)
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To: SmithL

Wonder if that barbeque and daddy's perfume might be the triggers.


3 posted on 06/29/2006 7:48:21 PM PDT by muawiyah (-)
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To: thoolou

Doh! I meant LA. Same difference sometimes.


4 posted on 06/29/2006 7:49:13 PM PDT by thoolou (Politics--The last refuge of the nincompoop. - Berke Breathed)
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To: SmithL

Smoking Nazis suck.


5 posted on 06/29/2006 7:52:42 PM PDT by Recovering_Democrat (I am SO glad to no longer be associated with the party of "dependence on government"!)
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To: SmithL
Doesn't marijuana directly give off fumes and second hand smoke? I would like to see this dad try to ban pot in San Francisco. The leftist scum would riot in the streets.
6 posted on 06/29/2006 7:53:27 PM PDT by LoneRangerMassachusetts (Illegal Aliens will take down the Democrats and Republicans and give rise to a new American party)
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To: SmithL

Tobacco smoke, my eye - living in Calif. is hazardous to her health.

My husband has smoked ever since we were married in 1975. Both of us are in fine health. However, should we drive from our place in North Central Florida to Tampa, we both develope a pain in our lungs. Same with any visit to New York.

This suit is just another part of the 'smoke and mirror' act they are playing to misdirect the publics attention from matters of a more serious nature.

This is, of course, just my humble opinion.

TL


7 posted on 06/29/2006 7:55:54 PM PDT by Tomato lover
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To: SmithL

Don't like the area ... Move


8 posted on 06/29/2006 7:59:24 PM PDT by Mo1 (http://www.youtube.com/watch?v=ePb6H-j51xE&search=Democrats)
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To: SmithL

Instead of everyone else moving why doesn't he move?


9 posted on 06/29/2006 8:12:28 PM PDT by CindyDawg
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To: SmithL
I lived down wind of the BBQ pit while in school. I paid for college as I went and was peanut butter and top Ramon poor. (I wasn't poor enough to eat dirt). I can feel some of the pain. I graduated and found a good job and moved. Is there a lesson to learned hear?
10 posted on 06/29/2006 8:22:12 PM PDT by ThomasThomas (Red is good)
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To: SmithL

Stress. Bet on it.


11 posted on 06/29/2006 8:37:28 PM PDT by TheSpottedOwl (If you don't understand the word "Illegal", then the public school system has failed you.)
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To: SmithL

If you care about your child's health, move. But Cigarette smoke is not like mustard gas.


12 posted on 06/29/2006 8:39:17 PM PDT by RobbyS ( CHIRHO)
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To: Mo1

Exactly so! :-)


13 posted on 06/29/2006 8:40:14 PM PDT by nopardons
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To: Tomato lover
City air can be very irritating; it's mainly the ozone that is the problem. There's a good chance that that is the original cause and if they moved out into the country, it would help the girl immeasureably.

I am extremely sensitive to smoke and fragrances myself and unless you suffer from it, there is no way to understand what it feels like when you encounter it, and the stuff it everywhere. Not being able to breather properly is pretty scary. You can go days without food and even water but it's minutes without air.

That being said, I also don't favor legislation to solve every problem in life.

14 posted on 06/29/2006 8:43:25 PM PDT by metmom (Welfare was never meant to be a career choice.)
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To: Tomato lover

I hope you and your husband live long and healthy lives. Both of my parents died of cancer. They were both smokers. I wish someone would play a smoke and mirrors game to misdirect my attention away from their deaths and toward more serious matters.


15 posted on 06/29/2006 9:31:10 PM PDT by turbosk
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To: SmithL
Clearly this is a real problem. Anyone familiar with asthma in a child knows how troublesome triggers can be especially smoke either from a fire or from cigarettes. I don't know, however, if their is a compelling requirement to have a smoke free complex to protect such residents due to health issues.

It is unlikely the family could find a smoke-free complex. They would need to move into detached housing but that is not realistic.

He's complaining about common areas... I could see a local gov't moving to ban smoking from such common areas. The smokers' freedom to use that still legal (no idea why) product is trumped by the basic health concerns of an in-resident child. This isn't fear of smelling peanut breath on your neighbor.

I'd support his effort. They can privately smoke in their apartments (if allowed by the management), the girl can't be expected to avoid common areas.

16 posted on 06/29/2006 9:57:14 PM PDT by newzjunkey (Support Arnold-McClintock or embrace higher taxes with Angelides.)
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To: SmithL

I'm sure it's not the heavy smog in Los Angeles that is harming this young girl. It just has to be the second hand smoke.

On second thought, perhaps her folks ought to be arrested for child endangerment.


17 posted on 06/29/2006 9:58:03 PM PDT by VeniVidiVici (My head hurts.)
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To: VeniVidiVici

The smog is perhaps some contributor but you can look out for that easily by keeping watch on your local news and avoiding a lot of outdoor activity on bad air quality days. It's a lot harder to avoid other parents smoking at the kid's playground where you live!


18 posted on 06/29/2006 10:03:47 PM PDT by newzjunkey (Support Arnold-McClintock or embrace higher taxes with Angelides.)
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To: newzjunkey
The smokers' freedom to use that still legal (no idea why) product is trumped by the basic health concerns of an in-resident child.

It it legal because of a strange concept called freedom. People have even given their lives to defend such a concept. Sadly, some neither understand it or support it.
19 posted on 06/30/2006 10:45:43 AM PDT by microgood (Truth is not contingent)
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