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You'd lose that wager.

Any competent lawyer would be able to prove there is no risk to the other tenant, and further, since there is no stipulation in the lease forbidding smoking, smoking is most certainly allowed.

forces.org/evidence/epafraud/files/damn.htm

"The Court is faced with the ugly possibility that EPA adopted a methodology for each chapter, without explanation, based on the outcome sought in that chapter"

To translate: The EPA made up the rules for each of their studies, with the intent of coming up with an outcome in each instance which would support their thesis; which is that "second-hand", or E.T.S. smoke is a danger to public health.

JUDGE OSTEEN'S ORDER

Judge Osteen granted Plaintiff's (the tobacco industry's) motion for partial summary judgement, ordering that Chapter 1 to Chapter 6 and appendices in the EPA's "Respiratory Health Effects of Passive Smoking: Lung Cancer and Other Disorders," (December 1992), be vacated.

According to Black's Law, Fourth Edition, the term "vacated" means:

To annul; to set aside; to cancel or rescind; to render an act void; as, to vacate an entry or record, or a judgement.

In layman's terms, Chapters 1 to 6 and appendices to that 1992 EPA secondhand smoke report no longer exist. Therefore, the following conclusions, as taken verbatim from Chapter 1, page 1, of the report, do not exist, and must be disregarded:

THE EPA STATED:
("1.1 Major Conclusions:")
"Based on the weight of the available scientific evidence, the U.S. Environmental Protection Agency (EPA) has concluded that the widespread exposure to environmental tobacco smoke (ETS) presents a serious and substantial public health impact."

THE US FEDERAL COURT RULED: VACATED

THE EPA STATED:
In adults: "ETS is a human lung carcinogen responsible for approximately 3,000 lung cancer deaths annually in the U.S. nonsmokers."

THE US FEDERAL COURT RULED: VACATED

And yet, the media and their misinformed minions keep repeating the lies that second hand smoke is such a scourge and risk to public health.
Do the legwork yourself, people, there is no excuse for being so miserably misinformed.

Objective truth is the TRUTH; whether you agree with it or not...
The laws of physics won't change just because you want them to...