TOBACCO CONTROL LAWS

Avrahami v. Haifa Municipal Theatre

Members of a theater audience sued the theatre company for violation of the smoke free law during a play in which an actor was smoking a cigarette. The District Court denied the certification of the lawsuit as a class action, stating that in balancing the right to artistic freedom with the smoke free law, one cigarette in a play should be allowed. The Supreme Court held that the accurate interpretation of the smoke free law prohibits any smoking on stage, but did not overturn the decision.

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Avrahami v. Haifa Municipal Theatre, CA 8896/10, Israel Supreme Court (2012)

  • Israel
  • Dec 3, 2012
  • Israel Supreme Court, Sitting as Court of Civil Appeals

Parties

Plaintiff Einav Avrahami

Defendant

  • City of Haifa
  • Haifa Municipal Theatre

Legislation Cited

Prevention of Smoking and Exposure in Public Places Act, 1983 (as amended)

Related Documents

None

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.
Personal Injury
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Right to Freedom of Expression
A violation of the right to expression, free speech or similar right to express oneself without limitation or censorship. The industry may claim that a regulation infringes on their right to communicate with customers and the public. Similarly, they may claim that mandated warnings infringe on their freedom to communicate as they desire.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

None

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