Tuesday, November 10, 2009
An Ohio Court of Appeals has affirmed a district court judgment banning a mother from smoking in the presence of her ten year-old daughter.
In the Warren County case, even with no evidence that Victoria suffers specific reactions or health issues from exposure to smoke, the court ruled that a smoking ban was in the child's best interest.
To reach that conclusion, the court did something unusual. It "took judicial notice" - without anyone presenting proof in court - of an "avalanche of authoritative scientific studies" that say second-hand smoking poses risks to children.