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Home » Cigar News

Court Rules in Favor of Cigar Shop

Submitted by Alex on September 22, 2011 – 7:53 amNo Comment

Finally, there is a court ruling in favor of smokers. And though it is only one battle and not the war, it is still something. But let’s begin from the beginning.

Everything started in February, when Switzerland-based ShoDeen which owns the building in which the Bull & Bear cigar shop is located sent a notice to the Bull & Bear owners stating that many tenants had been displeased with the smoke allegedly coming from the shop.

When Bull & Bear did not react to the notice, ShoDeen waited for a month and sent an eviction notice, claiming that the cigar shop violated its lease saying that the cigar shop should not let any unpleasant odors come from its territory.

bull & bear

Obviously, the Bull & Bear owners were not okay with this decision and filed a lawsuit against the real estate company. It turns out that their lease agreement had a clause that expressly allowed the smoking of cigars in the store, which makes complaining about the cigar smoke kind of ridiculous.

Kane County Circuit Court though so as well and ruled in favor of the cigar shop. Luckily for all cigar smokers in St. Charles, Illinois, the court ordered ShoDeen to uphold the lease to Bull & Bear which allows its customers to smoke cigars indoors.

It turns out that Illinois has an awesome law that makes smoking indoors legit in the shops whose tobacco sales profit constitutes at least 80 percent of their overall profit. Plus, since the shop was founded in 1995, the law which bans smoking in shops which was passed later does not apply to it.

Well, ladies and gentlemen, I hope that this lease dispute was the first in the string of legal battles that we will win.

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