Court authorizes NIS 7m. anti-smoking class action against club

Precedent-setting suit comes against a TA dance club for failing to enforce no-smoking laws.

By
January 31, 2009 21:42
1 minute read.
Court authorizes NIS 7m. anti-smoking class action against club

public smoking 224 88. (photo credit: Channel 10)

 
X

Dear Reader,
As you can imagine, more people are reading The Jerusalem Post than ever before. Nevertheless, traditional business models are no longer sustainable and high-quality publications, like ours, are being forced to look for new ways to keep going. Unlike many other news organizations, we have not put up a paywall. We want to keep our journalism open and accessible and be able to keep providing you with news and analyses from the frontlines of Israel, the Middle East and the Jewish World.

As one of our loyal readers, we ask you to be our partner.

For $5 a month you will receive access to the following:

  • A user experience almost completely free of ads
  • Access to our Premium Section
  • Content from the award-winning Jerusalem Report and our monthly magazine to learn Hebrew - Ivrit
  • A brand new ePaper featuring the daily newspaper as it appears in print in Israel

Help us grow and continue telling Israel’s story to the world.

Thank you,

Ronit Hasin-Hochman, CEO, Jerusalem Post Group
Yaakov Katz, Editor-in-Chief

UPGRADE YOUR JPOST EXPERIENCE FOR 5$ PER MONTH Show me later

A district court judge has agreed for the first time to certify a class action suit - for NIS 7 million - against a dance club in Tel Aviv for failing to enforce no-smoking laws, The Jerusalem Post has learned. Until now, class-action petitions regarding smoking in eating places were resolved via settlement, with fines of various types against the owners - such as at the Foccacia restaurant in Jerusalem, which had to compensate nonsmoking customers with free meals. The precedent-setting case will be heard in a few months by judge Michal Nadav, who ruled that the law has to be enforced even in relatively small clubs, to protect the rights of nonsmokers and to deter violators. The Bella Shlomkin's pub, located on Tel Aviv's Rehov Noah Mozes, could be subject to payment of NIS 1,000 to each of more than 6,000 nonsmoking customers who visited the place on Friday nights - when special events were held there for Russian speakers - between January and August 2008. Lawyer Amos Hausner filed the suit on behalf of Mark Litvin and his wife Yelena, along with Maxim Teoteonik, all immigrants from the former Soviet Union, the club's main clientele on weekends. Hausner, who is chairman of the Israel Council for the Prevention of Smoking, said he received other complaints from non-Russian speakers about smoking at Bella Shlomkin's. At a preliminary hearing this week, David Assaf, who does not know the plaintiffs, testified that he was ejected from the club by manager Ron Fire after asking that the incessant smoking of customers be stopped. The judge also said that the silent owner of the club, Fire's mother, could be held responsible for the violations, even though she does not run it and was not there when the incidents occurred. Nadav said that there is a basic human right of the individual to protect his health. Exposure of nonsmokers to tobacco smoke - which causes illness, disability and 10,000 Israeli deaths per year - is illegal in public places, and owners are required to ensure that the law is observed. The judge also said that even though two of the plaintiffs are former smokers, they had a right to sue, as their quitting reflects their awareness of the dangers.

Join Jerusalem Post Premium Plus now for just $5 and upgrade your experience with an ads-free website and exclusive content. Click here>>

Related Content

[illustrative photo]
September 24, 2011
Diabetes may significantly increase risk of dementia

By UNIVERSITY OF MICHIGAN HEALTH SYSTEM