Plaintiff, a nonsmoker who suffers from coronary artery disease, filed suit pursuant ro Title III of the Americans With Disabilities Act (ADA) “seeking an order directing the defendants to prohibit the smoking of tobacco products in their restaurants in order to make them accessible to individuals with disabilities, such as Plaintiff Bogden.” See Markon, J., “Man with Heart Condition Wants Smoke-Free Eateries; Suit Invokes ADA in Push for a Ban,” Washington Post, January 31, 2008, VA3; and Haberkorn, J., “Virginia Smoking Suit Cites ADA,” Washington Times, January 28, 2008.

No. 1:07cv1178 (U.S.D.C. E.D. Va. 2007