GASP v. MECKLENBURG COUNTY

No. 7826SC922.

256 S.E.2d 477 (1979)

42 N.C. App. 225

GASP, Brenda Blackwelder, Lillian Brumley, Bertie H. Carpenter, R.A. Carpenter, Hazel B. Dutton, Helen S. Hunter, Mary Knaggs, Mildred McClure, William T. McCraken and Larry M. Stearns, Individually and on behalf of all others similarly situated v. MECKLENBURG COUNTY, North Carolina.

Court of Appeals of North Carolina.

July 3, 1979.


Attorney(s) appearing for the Case

Blum & Sheely by Shelley Blum, Charlotte, for plaintiff appellants.

James O. Cobb, Charlotte, for defendant appellee.


CLARK, Judge.

Plaintiffs assign as error the dismissal of their complaint pursuant to G.S. 1A-1, Rule 12(b)(6). Plaintiffs contend that they are entitled to relief pursuant to G.S. 168-1, et seq., since the members of their class are handicapped persons who are denied access to public buildings and facilities because of the presence of tobacco smoke. Since the trial court reserved ruling on the class certification, we will assume for purposes of this discussion...

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