Emery v. Caravan of Dreams

Diane Emery (plaintiff) had cystic fibrosis, a genetic respiratory disease that substantially impaired her breathing. Emery was advised by her doctor to avoid cigarette smoke whenever possible because exposure could lead to bacterial infections in the lungs that was fatal to cystic fibrosis patients. Patricia Young (plaintiff) had a tobacco allergy and asthma, neither of which substantially impaired any major life functions. Both Emery and Young desired to be patrons of a music-entertainment venue operated by Caravan of Dreams, Inc. (Caravan) (defendant). Caravan permitted smoking inside the venue and designated a nonsmoking area in the first two rows of seats. By allowing smoking in all areas of the venue aside from those rows, Caravan effectively denied Emery access to the venue because only a total smoking ban could accommodate her cystic fibrosis. However, banning smoking would have significantly harmed Caravan’s finances because many national music performers refused to play at venues that banned smoking. Emery and Young filed suit in federal district court against Caravan, claiming that Caravan’s smoking policies constituted disability discrimination in violation of the Americans with Disabilities Act (ADA). The court found that due to the low impact of smoking on Young’s basic functioning, Young’s evidenced level of allergies and asthma did not constitute a disability under the ADA. In contrast, the court determined that Emery’s cystic fibrosis constituted a disability under the ADA and then addressed Emery’s discrimination claim.