Leichtman v. WLW Jacor Communications, Inc.

A tobacco control advocate appeared on a radio talk show to discuss the harmful effects of secondhand smoke. While in the studio, the advocate alleged that another talk show repeatedly blew cigar smoke in the advocate’s face.  The advocate sued for battery, invasion of privacy, and violation of the local law prohibiting smoking in designated public places. The appeals court upheld the advocate’s claim for battery because the host intentionally blew cigar smoke in the advocate’s face, which meets the criteria for battery under Ohio law. The appeals court agreed with the lower court that the claims for trespass and violation of the local smoking law should be dismissed. The advocate’s privacy was not invaded because he willingly entered the radio studio to make a public appearance. Additionally, there is no private right of action for enforcing the local smoking law.