Valrico Dentist Heads to Court Over Neighbor's Cigar Smoke

In the 23 years Dr. Edmund Rahal has had his in the strip shopping center at 3646 Lithia-Pinecrest Rd., Valrico, he's had his share of neighbors.

But, up until now, none of them have stunk, Rahal said.

That all changed when the Twisted Cigar moved into the storefront next to Rahal's dental office in October.

Rahal said smoke from the combination cigar shop and smoking lounge has filtered into his dental office, making employees sick and eliciting complaints from patients.

"It's not just a cigar shop. It's a place where patrons come in and smoke. There are big-screen TVs for them to watch," said Rahal. "And now they've applied for a beer and wine license.

"Since they opened, we've been losing existing patients, and there's no way to gauge how many new patients we've lost because of this," Rahal said. "We had a women just this morning complain. She said she couldn't stand the smell."

He said employees say they go home at night smelling of cigar smoke and one employee who's allergic to smoke coughs and wheezes in the office.

Twisted Cigar owner Jim Brown has tried to alleviate the problem by installing filters and sealing the drywall that separates the two storefronts.

However, Rahal said the problem persists. "The cigar store has done what it could, but nothing's made a difference," said Rahal.

Frustrated, Rahal hired an attorney and filed a complaint in court against Twisted Cigar three weeks ago. He's asking for an injunction against Twisted Cigar.

The injunction says the cigar shop is producing "noxious, unhealthful, damaging, disagreeable and offensive odors and stenches," making the dental office "unpleasant, uncomfortable, unhealthy and unfit for human habitation."

Brown preferred to have his attorney, Sean Cronin, speak on his behalf.

"Our response to the complaint is due Feb. 1, so we will be filing a response in advance," said Cronin. "We're trying to work in conjunction with the landlord (Lithia-Pinecrest LLC) on our response and present a united front."

Cronin said this is the first case he's had involving a cigar shop. But he noted that there are plenty of cigar shops in the county that co-exist with neighboring businesses, including one near his home in Westchase.

"My client rejects the claims outlined in the suit and we will vigorously defend him against the suit," said Cronin. "He has taken numerous steps to lessen any impacts and be a good neighbor."

The case has not yet been scheduled for a hearing.