TOBACCO CONTROL LAWS

Christiansen v. Heritage Hills #1 Condo. Ass’n

A condominium association passed a ban on smoking inside the units. The ban was challenged by one of the condominium owners, who smoked, and her husband. The court upheld the condominium association’s amendment to the Covenants, Conditions and Restrictions (CC&Rs) to ban smoking. The court heard extensive testimony about complaints to the owner about smoking and attempts by other residents to fix the problem through methods such as adding insulation, sealing pipes and gaps, and installing HEPA air filters. The court found that the no-smoking amendment was properly passed by 75% of the owners as specified in the CC&Rs and that it was made in good faith. The court also found that the smell of cigarette smoke constituted a nuisance. The court said that the smoking ban did not violate public policy and compared the migration of smoke to extremely loud noise that cannot be contained. Finally, the court noted that there is no constitutional right to smoke.

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Christiansen v. Heritage Hills #1 Condominium Owners Ass'n, Case No. 06CV1256, Colorado Dist. Ct. (2006).

  • United States
  • Nov 7, 2006
  • District Court, Jefferson County, Colorado

Parties

Plaintiff

  • Coleen Christainsen
  • Roger Sauve

Defendant Heritage Hills #1 Condominium Owners Association

Legislation Cited

Colorado Condominium Ownership Act, C.R.S. section 38-33-101 et seq.

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.

Tobacco Control Topics

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

Substantive Issues

Right to Property
A violation of property rights, sometimes in the form of an expropriation or a taking by the government. The tobacco industry may argue that regulations amount to a taking of property rights because they prevent the use of intellectual property such as trademarks.
"Right to Smoke"
The tobacco companies and some individual plaintiffs argue that there is a right to smoke.
Environmental Law Violation
An infringement of a protection contained within a statutory environmental law, including public or private nuisance.
Housing Law Violation
A claim for violating a law protecting tenants or home owners, such as the covenant of quiet enjoyment, the warranty of habitability, constructive eviction, or trespass. For example, a tenant could sue a neighbor or the property owner when exposed to drifting secondhand smoke in their home.

Type of Tobacco Product

None

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