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Gasper v. Louisiana Stadium & Exposition Dist.

Citation: 8 ELR 20612
No. No. 76-3748, 577 F.2d 897/(5th Cir., 08/01/1978)

The court affirms the lower court's dismissal, for failure to state a claim upon which relief could be granted, of a suit for injunctive relief asking that the defendant proprietor of a sports stadium be enjoined from permitting the smoking of tobacco during public events. The court finds that plaintiffs' reliance on an alleged constitutional right to be free from noxious fumes is misplaced. Therefore, this Civil Rights Act case seeking to vindicate such rights was properly dismissed by the trial court. A dissent views as improper the dismissal for failure to state a claim upon which relief could be granted, and would remand for a hearing on the merits.

Counsel for Appellants
Jacob J. Meyer
321 St. Charles Ave., 10th Fl., New Orleans LA 70130
(504) 586-1979

Counsel for Appellees
Harry McCall, Jr.
Special Counsel to the Attorney General
1500 First NBC Bldg., New Orleans LA 70112
(504) 568-1320

Counsel for Intervenor American Lung Ass'n
J. Harrison Henderson, III
1629 First NBC Bldg., New Orleans LA 70112
(504) 529-4141

Before COLEMAN, AINSWORTH and VANCE, Circuit Judges.