Court rules restaurants must prevent smoking, even at financial loss
Tel Aviv Magistrate's Court: Second-hand smoke that harms other diners is assault, negligence.
By Carmel Ben-Zour Tags: Tel AvivTel 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."
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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If you look at the history of places where the ban is in place (like my native Noo Yawk), restaurants and bars have in fact not lost money, and things went on very nicely without smoking in them.
Drug addiction units are one thing, but the perinatal ward? The lung ward? I sincerely hope this is on the radar screen.
When smokers pay more to Bituach Leumi (social security) and Kupat Cholim (health insurance)and car insurance, for the extra days they are ill and absent from work, the extra time and drugs they use and the traffic accidents their distraction causes,then maybe they can do as they please. Don't forget about the dangers of second hand smoke and our disgusting beaches and national parks covered with cigarette butts.
I disagree about banning tobacco products. How ridiculous. Why not just raise the tax by 5 shekels and let smokers pay for the damage they cause. The tax should be raised 5 shekels per year until it reaches the level of Europe where most cigarettes cost 40 shekels per pack.
To #2 If cigarettes were baned then idiots like my husband would be forced to stop smoking, thus saving the health of My kids and myself(a Breast cancer victim). Some peole cannot quit smoking on their own and need to be coerced to stop. Because despite my health condition and my kids having to breathe in the smoke from his cigs, he doesn't really care to quit.so I wish the gov would act to make cigs illegal!
restaurants. I returned from a 3 week visit to Israel, was great to be back again, but I felt more choked walking on the main streets in the big cities (T-A, J'lem, Petach Tikwa, Herzliyya, Haifa, Rishon Le Ziyon etc.) compared to sitting in a restaurant where people smoke. The pollution caused by cars and especially busses is simply too much. Why can't the government do something to get the air in cities cleaner? forget about smoking in restaurants, deal with cities first !
Newsflash for you Monique - At least the US HAS a constitution and it is there to protect people's rights - not to hurt others with second hand smoke is the right of the people. If Israelis are too rude to be considerate of others, that's their problem and I think this is the root of the problem.
Why ban the sale of cigarettes ? If people want to poison themselve , they can do it . At home , in their cars , outside . There are also cafe's and restaurants , who have a separate smokers departement . If you sit there , you know it , there are smokers , and you can't protest .
Too bad there is no constitution here or Bill of Rights! What is to stop the employee who was fired for smoking on the premises from sueing the owner of the restaurant for firing him? Why not go after the importers of cigerettes as well, if you are going to outlaw smoking, why not just do us all a favor and ban the sale of Cigs too! Why not establish seperate restaurants for smokers that have posted signs on the front door warning the customers that smoking is permitted inside? Personally I'de like to see the sale of Cigarrets,cigars,pipe tabacco ended here peiod, so make it illegal to import them and then you don't have to worry about people smoking in restaurants,Kupat Holims schools!