Plaintiff, who suffers from “severe sarcoidisis, a genetic lung disease that necessitates continuous oxygen therapy,” sued several establishments.  He brought suit under the Americans with Disabilities Act, contending that each of the defendants “discriminates against persons with breathing disabilities, preventing them from full and equal enjoyment of the goods, services, facilities, and accommodations afforded other patrons” because of the presence of environmental tobacco smoke on their premises.  The suit was voluntarily dismissed in the spring of 1994.

8.4 TPLR 3.255, U.S. D. C., No. 93-C-983W (D. Utah 1993).