[Intl-tobacco] Smoking case could force ban (fwd)

[Robert Weissman]

Smoking case could force ban
Source: AAP (Australian Associated Press), Thursday, 5/3/01

Pressure has mounted on Australian pubs and clubs to ban smoking in the
wake of a landmark payout of more than $450,000 to a barmaid who
contracted throat cancer.

 Yesterday's Supreme Court decision in favour of Marlene Sharp against the
Port Kembla RSL has provoked an avalanche of responses from anti-smoking
and health groups, as well as hoteliers.

 Non-smokers' Movement of Australia president Brian McBride said the
decision would prompt further legal action and increase pressure on clubs
and hotels to ban smoking across the board.

 "It means for the first time passive smoking is clearly winnable as a
case against employers for subjecting people to passive smoking," he said.

 "It should lead to many more cases, particularly in the hospitality
industry amongst hotels and clubs.

 "From September this year all dining areas in hotels and clubs have to be
positively segregated and totally non-smoking.

 "That was leaving the bar areas somewhat in doubt, but I think this
verdict will speed up the process of extending the bans into the bar
areas."

 The Australian Medical Association also said the decision was inevitable
and called for a strengthening of state anti-smoking legislation.

 "With the evidence on passive smoking now so overwhelming, it was
inevitable that a case like this would be brought and succeed," AMA
president Kerryn Phelps said.

 "Hoteliers and bar owners and clubs and pubs and other public venues have
no choice but to voluntarily ban smoking in their establishments."

 Dr Phelps said all Australian governments should toughen their
anti-smoking laws "and bring in bans on smoking in all public places,
including clubs and hotels, as soon as possible".

 But Clubs NSW chief executive Mark Fitzgibbon said a total ban on smoking
was not an immediate option in the wake of Mrs Sharp's case.

 "That's one option for clubs but it's an extreme option," he told AAP.

 "We still believe...that there are still steps clubs can take to minimise
that risk to their staff without completely prohibiting smoking.

 Mrs Sharp, 62, had sued her former employer, the Port Kembla RSL club,
for negligence, claiming that smoke from patrons' cigarettes caused her
cancer.

 The four man jury found in Mrs Sharps favour, awarding her just over
$466,000.