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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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1 posted on 04/06/2008 7:20:30 PM PDT by lastchance
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To: lastchance

If I were the defendant, I would keep smoking and start a few kimchi cultures to boil every day.


2 posted on 04/06/2008 7:22:53 PM PDT by elkfersupper
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To: lastchance

I think I’m headed to the Philippines: You all enjoy life here in Socialist Utopia. And no, I don’t smoke.


3 posted on 04/06/2008 7:23:41 PM PDT by 2ndDivisionVet (Knowledge for Battle!)
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To: SheLion; Gabz

Ping.


4 posted on 04/06/2008 7:24:41 PM PDT by RandallFlagg (Satisfaction was my sin)
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To: lastchance

I believe this entire movement of...

I’m empowered

My cause is....

started back in the 1980’s.

Now gradeschool kids (mostly female types) feel unfulfilled unless they also have a CAUSE be it global angst or the goodie two shoes Palis or Lets exterminate Joooos.


5 posted on 04/06/2008 7:26:12 PM PDT by Rembrandt (We would have won Viet Nam w/o Dim interference.)
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To: Eric Blair 2084

Ping.


6 posted on 04/06/2008 7:31:37 PM PDT by Army Air Corps (Four fried chickens and a coke)
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To: 2ndDivisionVet

Angeles or Olongapo?

/s


7 posted on 04/06/2008 7:33:42 PM PDT by A_Former_Democrat
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To: Rembrandt

“actuated by evil and reprehensible motives”
Now you gotta admit that’s funny.


8 posted on 04/06/2008 7:34:59 PM PDT by BIV (a republican is not properly called republic; a democrat is not properly called democratic)
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To: lastchance; Just another Joe; CSM; lockjaw02; Publius6961; elkfersupper; nopardons; metesky; ...

Nanny stte Ping.........

I’ll check back in the morning because I’m expecting thre will be several posters supporting this nonsense.


9 posted on 04/06/2008 7:35:18 PM PDT by Gabz (Don't tell my mom I'm a lobbyist, she thinks I'm a piano player in a whorehouse)
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To: lastchance

More proof that 99% of lawyers give the rest a bad name.


10 posted on 04/06/2008 7:37:04 PM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: Gabz

Most FR posters support gun rights for New Yorkers. That’d take care of this sort of garbage in a NY minute.


11 posted on 04/06/2008 7:38:00 PM PDT by muawiyah
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To: 2ndDivisionVet

Enjoy the Phillipines, where Americans are kidnapped and kept as hostages.

I’ll take the U.S. anyday.


12 posted on 04/06/2008 7:39:13 PM PDT by Paved Paradise
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To: lastchance
I am all for banning smoking in public places, restaurants especially, but preventing people from doing it in their own homes goes way over the top.
13 posted on 04/06/2008 7:40:43 PM PDT by infantrywhooah (Hold your nose and vote in November. Even McCain is better than the alternatives)
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To: lastchance
When asked whether it's true that her dog urinated on her neighbor's property, Huff said, "I never saw that, but maybe. I don't know." The dog had no comment.

Smart dog.

14 posted on 04/06/2008 7:40:57 PM PDT by Graybeard58
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To: lastchance

How about people who fart in elevators? Her neighbors should make sure to have an extra Taco Bell bean burrito before unleashing some methane gas on the elevator on their way to the courtroom for this frivolous claim that clogs up the docket.

She has such a sensitive nose. Call your Congresscritter and get them to ban farting.


15 posted on 04/06/2008 7:41:32 PM PDT by Eric Blair 2084 (Alcohol, Tobacco and Firearms shouldn't be a federal agency...it should be a convenience store.)
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To: muawiyah

While what you say is true in regard to gun rights, there are far too many that will disagree with you in taking care of this particular issue.


16 posted on 04/06/2008 7:42:34 PM PDT by Gabz (Don't tell my mom I'm a lobbyist, she thinks I'm a piano player in a whorehouse)
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To: lastchance

More guns, less lawyers.


17 posted on 04/06/2008 7:42:55 PM PDT by Leisler
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To: lastchance

Time to find the stinkiest incense and light it up for all
in the apartment complex to enjoy.


18 posted on 04/06/2008 7:43:51 PM PDT by taxesareforever (Never forget Matt Maupin)
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To: infantrywhooah

Restaurants are private property - you are not required to enter, and you can be required to leave at the owner’s request.


19 posted on 04/06/2008 7:45:24 PM PDT by Gabz (Don't tell my mom I'm a lobbyist, she thinks I'm a piano player in a whorehouse)
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To: infantrywhooah
I am all for banning smoking in public places, restaurants especially

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.

20 posted on 04/06/2008 7:47:11 PM PDT by Graybeard58
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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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To: GOP_Lady

41 posted on 04/06/2008 8:19:11 PM PDT by Travis McGee (---www.EnemiesForeignAndDomestic.com---)
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To: Travis McGee
Why doesn't Selbin threaten to sue trucking firms and the...

Frankly, my darker impulses would love to see this prat tangle with the Teamsters...
42 posted on 04/06/2008 8:19:40 PM PDT by Army Air Corps (Four fried chickens and a coke)
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To: lastchance
Where There's Smoke, There's a Lawyer.

Where There's Money, There's a Lawyer.
.
.
43 posted on 04/06/2008 8:21:14 PM PDT by modican
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To: Army Air Corps

Oh, you’ll get a kick out of this. Last summer I was on a OUTDOOR patio (balcony). I was with three ARMY men, and we were enjoying the beautiful weather, a chat, and a smoke. Somebody called the Cleveland Police on us. Guess who spoke up to the nice police offer? (Hint in wasn’t the three men in uniform.) :-)


44 posted on 04/06/2008 8:21:20 PM PDT by GOP_Lady
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To: Army Air Corps
I think short single middle-aged ladies are more Selbin's speed for a fight.

A real stud is he.

45 posted on 04/06/2008 8:21:47 PM PDT by Travis McGee (---www.EnemiesForeignAndDomestic.com---)
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To: GOP_Lady

What the hell happened to Ohio?


46 posted on 04/06/2008 8:23:55 PM PDT by Army Air Corps (Four fried chickens and a coke)
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To: Travis McGee

I’ll take the “tough guy” on — I’m short, middle-aged, but I’m married. :-)


47 posted on 04/06/2008 8:25:12 PM PDT by GOP_Lady
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To: Travis McGee

Yep, he is a classic bully.


48 posted on 04/06/2008 8:25:18 PM PDT by Army Air Corps (Four fried chickens and a coke)
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To: GOP_Lady

I was the non smoking nerd in HS.

I got over it. This geek looks like he still holds a grudge.


49 posted on 04/06/2008 8:30:24 PM PDT by Eric Blair 2084 (Alcohol, Tobacco and Firearms shouldn't be a federal agency...it should be a convenience store.)
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To: infantrywhooah
I am all for banning smoking in public places, restaurants especially

Really? Well, enjoy, friend, because, someday soon, "they" will come for something you enjoy and is perfectly legal and who will speak up for you???

"First they came for cigarette smokers and their right to smoke in private establishments, and I did not speak up or object, because I don't smoke and furthermore, believe it is a dirty, smelly, nasty, disgusting habit...........

"Then they came for foods that contain trans fats and I didn't speak up or object, because I eat healthy and besides, this did not really affect me.........

"Next they came after children for eating candy in school and I didn’t speak up or object, because I don’t have children or this is simply an isolated extreme situation…… (conn. student suspended for buying candy in school) http://www.freerepublic.com/focus/f-news/1984558/posts

Okay all of you defenders of the Nanny-Nazi-Police-State ( having delegated to themselves Extraconstitutional powers) who have begun arbitrarily regulating many of our personal (LEGAL) activities and choices, we tried to warn you, but you dismissed us as fear-mongering, self-serving, irrational, dotes.

(AND ONE OF THE BIGGEST OFFENDERS WAS ELLIOT--#9-- SPITZER WHEN HE BULLIED AND THREATENED CREDIT CARD COMPANIES FROM PROCESSING PURCHASES OF TOBACCO PRODUCTS ONLINE AS WELL AS FEX EX AND UPS FROM ACCEPTING SHIPMENT OF SAME)

We users of tobacco products tried to tell you this was all about POWER as opposed to legitimate "health issues," and all about "the chilluns," but you would not listen.

Well, the proverbial chickens are predictably coming home to roost. Which “right” or “freedom” do we all enjoy, will be the next target of the power-hungry-nanny-state? How do you like it now?

50 posted on 04/06/2008 8:30:57 PM PDT by Conservative Vermont Vet ((One of ONLY 37 Conservatives in the People's Republic of Vermont. Socialists and Progressives All))
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