Smoking bans in enclosed public places may result from an asthmatic winning
a landmark case against a nightclub. Health groups believe an avalanche of
similar claims around Australia will force restaurants, pubs and clubs to
ban smoking or governments to legislate to ban it. The Hilton Hotel
discriminated against an asthmatic woman by exposing her to cigarette
smoke, the Human Rights and Equal Opportunity Commission ruled.
Commissioner Graeme Innes found that Juliana's nightclub in Sydney had
effectively barred Sue Meeuwissen from entry by not taking adequate steps
to protect her from smokers. Mr Innes said that Hilton Hotels had engaged
in unlawful conduct under the Commonwealth Disability Discrimination Act,
and its argument that Ms Meeuwissen was not required to attend the club was
contrary to the spirit and intent of the Act. Although providing a
smokefree venue would cause some financial hardship, Mr Innes ruled that
this was outweighed by Ms Meeuwissen's right to access and the added
benefits to other patrons and staff.