GASP v. Mecklenburg County

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 that the class of plaintiffs was properly constituted and certified by the court.

The test on a Rule 12(b)(6) motion is whether the…