Federal Employees for Nonsmokers’ Rights (FENSR) v. United States

).  Plaintiffs sought an injunction against smoking in the Louisiana Superdome in New Orleans during events therein because it impaired their health.  Relief was denied by the U.S. District Court.  By a vote of 2 to 1, the U.S. Court of Appeals upheld the decision, ruling that the plaintiffs had no constitutional right to stop other people from smoking in the Superdome.

446 F. Supp. 181 (D.D.C. 1978), aff’d mem. 598 F. 2d 310 (D.C. Cir. 1979), cert. denied, 444 U.S. 926, (1979).