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Can you use physical force in CA pursuant to Civ. Code Sec. 50 to abate Nuisance caused by secondhand smoking?

Los Angeles, CA |

More than 12 million premature deaths over the past 40 years were attributable to smoking . Smoking is the leading cause of preventable death in the United States . The California Air Resource Control Board declared secondhand smoke a “TOXIC AIR CONTAMINANT” and concluded that there is no safe level of exposure . Resolution 06 - 01 , Cal . Air Resources Bd . ( 2006 ) . arb . ca . gov / regact / ets2006 / res0601 . pf . So automatically , secondhand smoking is always dangerous and nuisance . In light of the Civ . Code . Section 50 , can the force be used to abate danger caused by secondhand smoking ? If not why not ? Please explain the reasoning . ( Some lawyers speak about " right to smoke " ) . Thanks !

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Attorney answers 1


As I answered before, no you cannot use physical force to stop someone from smoking. Doing so will subject you to possible criminal charges for assault, battery and who knows what else.

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