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Court rules restaurants must prevent smoking, even at financial loss
By Carmel Ben-Zour

Tel Aviv Magistrate's Court recently ruled that any owner of a public establishment is obligated to prevent his employees, customers, and guests from smoking on the premises, and to take the necessary reasonable steps toward that end ? even if it results in financial losses for the establishment.

The court ruled last Thursday that restaurant owners must tell customers who refuse to stop smoking to leave, and likewise make it clear to employees that they will be fired for smoking. According to the court, failure to take such action constitutes a violation of civil law, and would require the restaurant to pay compensation.

In addition, the court ruled that smoking in a restaurant in a manner that harms other diners is assault and negligence according to civil law. This is a significant change in the courts' approach to violations of the smoking law, which in the past had treated the cases as the lesser transgression of "violating a legal obligation."

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The new ruling could result in increased compensation for those harmed by second-hand smoke.

The ruling was issued regarding a lawsuit filed by Guy Ophir against the owners of Tel Aviv's Marta restaurant. Ophir dined in the restaurant roughly two and a half months ago, and was exposed to second-hand smoke. He was awarded NIS 3,000 in damages plus NIS 500 in legal fees.

Roughly three weeks ago, the small claims court rejected a lawsuit against Tel Aviv's Avantguard restaurant, which failed to prevent smoking in its non-smoking section. The court ruled that once a customer has refused a request to stop smoking, the restaurant's "hands are tied."
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  1.   Court rules restaurants must prevent smoking even at financial lo 20:34  |  Monique 03/09/07
  2.   Monique , and smoking 20:50  |  charles 03/09/07
  3.   Hey Monique, US Has a Constitution 21:58  |  B`Galil 03/09/07
  4.   Pollution on the street is killing Israelis, not the smoke in 22:05  |  Aaron 03/09/07
  5.   Court rules restaurants must prevent smoking 22:07  |  Monique 03/09/07
  6.   smoking 22:30  |  Maerton 03/09/07
  7.   Charles and smoking 22:47  |  Ethan 03/09/07
  8.   #4: Thank you. Government: Hospitals should be next! 23:03  |  Healthcare worker 03/09/07
  9.   Touch of fact 21:51  |  realism 04/09/07
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