Heisei 16 Non-smoking Taxi Case

Three taxi drivers and 23 taxi passengers sued the government for failure to enforce smoke-free measures on taxis.  Taxi drivers alleged that the Ministry of Transportation and the Ministry of Health, Labor and Welfare had the duty to enforce smoke-free regulations against private taxi companies. The Court found that defendant did not have the duty to enforce smoke-free measures against taxi companies, but recognized that smoking in taxis harms the health of drivers and passengers and that taxi companies have a duty to protect the health of its drivers and passengers.  The Court held that the government shall use its executive power to promote the transition to a smoke-free taxi business.  However, the plaintiffs' demands were denied.

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Tokyo Chiho Saibansho [Tokyo Dist. Ct.] Dec. 20, 2005, Hei 16 (wa) No. 15532, Kakyu Saibansho Hanreishu [Saibanrei Joho] 1, (Japan).

  • Japan
  • Dec 20, 2005
  • Tokyo District Court

Parties

Plaintiff

  • 23 Taxi Passengers
  • Hirada Nobuo (平田信夫)
  • Ohata Hideki (大畠英樹)
  • Yasui Kouichi (安井幸一)

Defendant Japan (represented by Minister of Transportation and Minister of Health, Labor and Welfare)

Cited Legislation

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None