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Two additional groups have gone to court in separate efforts to stop the tobacco deal from being finally accepted and the law suits against the tobacco industry dismissed.

To learn more about the first one filed by Coalition for a Tobacco-Free Pennsylvania, and to download a copy of their actual pleading, click immediate below:
Coalition for a Tobacco Free Pennsylvania Home Page

The second legal action, and a copy of their petition, is described below.

Please note that it may not be too late for other individuals and groups to take similar action. While ASH is not able to provide assistance in individual situations, readers may also feel free to copy and use any portion of ASH's legal filing:   For more information, click here

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TO: ALL INTERESTED PARTIES

FROM: AHRON LEICHTMAN

RE: FILING TO INTERVENE IF YOUR STATE SETTLED WITH BIG TOBACCO

Thanks to assitance from Billy Williams and Jack Cannon, CATS has formally filed to intervene in the settlement of Ohio's lawsuit. Although the document cited below was filed today and only lists one major reason to intervene, at a court hearing when the judge hears all intervenors, we can and will cite a plethora of other reasons why this unholy alliance with Big Tobacco is not in the best interests of Ohio's citizens. Thanks to Graham Kelder, Dick Daynard and many others who shared this information with us. I encourage you to also file a document similar to this in your state IF you want to have your day in court and be heard on why this settlement is a poor one. Feel free to use this same language.

Ahron Leichtman

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November 20, 1998

Judge Nodine Miller Court of Common Pleas Franklin County Hall Of Justice 369 S. High Street Columbus, OH 43215 FAX 614,462-3660

RE: State of Ohio, ex rel. Betty D. Montgomery Attorney General v. Philip Morris, Incorporated Case No: 97CVH05 5114

Motion of Ahron Leichtman, Executive Director of Citizens for a Tobacco-free Society, to intervene, on behalf of individuals with disabilities caused or exacerbated by enviromental tobacco smoke, in the Ohio Attorney General's settlement with the tobacco companies.

Although individuals with disabilities caused or exacerbated by environmental tobacco smoke were not involved in the settlement negotations, the State of Ohio and the tobacco companies have contracted away the rights of this class of disabled individuals in violation of Section 504(d) of the Rehabilitation Act and Title I of the Americans with Disabilities Act.

Section 504(d) of the Rehabilitation Act, which covers federal financial assistance, was amended by Congress in 1992 to provide for Section 504(d) the same standards for employment as those of Title I of the ADA. The application of those standards to Section 504(d) was upheld by the U.S. Court of Appeals for the Third Circuit in SHIRING v RUNYON, 90 F.3d 827, 831-32 (3rd Cir. 1996).

The ADA regulation, 29 C.F.R. section 1630.6(a), prohibits public entities from entering into a contractual relationship that has the effect of discriminating against its own employees or applicants with disabilities.

29 C.F.R. section 1630.6. Contractural or other arrangements.

(a) In general. It is unlawful for a covered entity to participate in a contractural or other arrangement or relationship that has the effect of subjecting the covered entity's own qualified applicant or employee with a disability to the discrimination prohibited by this part.

Therefore, since the class of individuals with disabilities caused or exacerbated by environmental tobacco smoke were not represented in the settlement by the State of Ohio and the tobacco companies, fundamental fairness would be for the Court to allow me to represent this class of which I am a member.

Respectfully submitted,

Ahron Leichtman Executive
Director Citizens for A Tobacco-free Society (CATS) Inc.
8660 Lynnehaven Drive
Cinti.OH 45236-1420

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