LANGUAGE

Malone Engineering Products Ltd. v. Health Service Executive

The plaintiff, the designer and manufacturer of “Freshwall” modular smoking rooms or structures, sought a declaration that its product was exempt from the indoor smoking ban because it qualified as an outdoor premises where no more than 50% of the perimeter is surrounded by one or more walls.  The Freshwall structure is a specially designed four-sided, fully-roofed room composed of a series of panels which are 50% open. The court concluded that a Freshwall structure is not “outdoor” and the panels qualify as “walls” creating a continuous structure.  Therefore, the structures were not exempt from the indoor smoking ban.