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Originally Posted by TN_Chief
You probably should have read a bit more of that article:
In other words, the restaurant owner would have to prove that the smoker effected the safety, wellfare and well-being of other patrons. Good luck with that.
FWIW, my g/f is a lawyer and she assures me that a restaurant owner (in the absence of specific legislation) would likely get laughed out of court for trying to bar a smoker from his/her establishment.
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Just curious, a bartender can cut off someone who is obviously drunk. They don't have to be causing an issue for this to occur. How does this compare to our discussion of smokers? I know the bartender can be held liable for a drunk person actions after leaving the bar (another bunch of nonsense, IMO) but I don't know that there is a law specifically allowing them to stop serving someone.
