ATLANTA RESTAURANTS WARNED ABOUT CAVING IN TO SMOKERS [07/17]

Atlanta restaurants, some of which are reported to be temporarily converting "no-smoking" into "smoking" sections to accommodate smoking visitors, have been told that it is unnecessary and may lead to legal actions, and even to embarrassing international incidents if visiting athletes are involved.

Action on Smoking and Health (ASH), a national legal action organization, reminded Atlanta's hospitality industry in a pointed letter that the great majority of visitors are nonsmokers, and that they have pressured more and more airlines around the world to ban smoking on their flights.

ASH also told restaurants that people with a wide variety of susceptibilities to tobacco smoke are protected under the Americans With Disabilities Act (ADA), and can bring legal action if they are forced to breathe smoke, even drifting tobacco smoke in no-smoking sections.

ASH also said that subjecting nonsmokers to tobacco smoke has also been held to be a civil "battery," a tort which can give rise to punitive damages.

ASH, which has helped nonsmokers collect more than $100,000 in recompense, and is aware of many other individual judgments in the high five-figure range, says that it will be working with local health and antismoking organizations to assist nonsmokers in filing appropriate complaints if necessary.

It suggests that, if an incident involving an Olympic athlete who is forced to breathe someone else's tobacco smoke occurs because a no-smoking section was contracted to make more overall space available for smoking, a serious international incident would be possible.

ASH's letter of warning was sent by Certified Mail to the Atlanta Convention and Business Bureau, the Georgia Chapter of the Hospitality, Sales and Marketing Association, and the Atlanta Restaurant Marketing Association.

ASH - ACTION ON SMOKING AND HEALTH 2013 H Street, NW / Washington, DC 20006 / (202) 659-4310