Smokers set to launch legal fight against ban

Neans McSweeney

The European Smokers Against Discrimination campaigners hope to have a High Court date before Christmas and bring their case to Europe early in 2005.

“The legal profession has been off for most of the month of August, but we’ve been campaigning and fundraising away,” said Waterford-based organiser James Croke.

The group has raised almost €15,000 for the legal battle by selling specially designed lighters. A new batch is about to be sent to pubs to help further finance the legal action. The legal bill for the European Court challenge is expected to top €50,000, leaving campaigners with a significant deficit to make up in the coming weeks and months. “I’m meeting with our solicitor today and our barrister is back at his desk midway through next week,” said Mr Croke. “It’s then that the real work begins. We will be lodging our papers with the High Court shortly claiming that the smoking ban is discriminatory.

“We have to exhaust the Irish courts system before going on to Europe. We would definitely anticipate being in the High Court before Christmas and taking the case from there. It’s going to be a long, costly route, but we’re ready for the fight.”

The group wants to hear from other people who feel discriminated against by the ban.

“We want people who will be willing to stand up in court and say they feel discriminated against by the ban. Our whole case is built on the fact that this ban discriminates against people. Such people should write to us and tell us how they have been impacted.”

The group is also looking for other volunteers who would be prepared to help distribute the lighters in pubs around the country and help co-ordinate its fundraiser.

Support for the campaign is coming from Britain, Germany and Holland. Publicans and members of the public there feel it is only a matter of time before the ban is introduced across Europe.

European Smokers Against Discrimination can be contacted on [phone]/ [phone] or at 17 Convent Hill, Waterford city.