Legal Question in Civil Rights Law in California

Can I pursue legal action against my local Walmart for Employees smoking near the entrances and violating the store's 40 feet policy?
This issue has been happening since the store's opening a few years ago and I usually let it slide and just shrug it off. However, yesterday I got a good inhalation of smoke from an employee that was standing less than 15 feet from one of the store's three entrances.
I called and spoke with the manager, she told me that if her employees are 40ft from the entrance than there was nothing she could do about it but she could check the surveillance cameras. She then told me that I should use the other entrances in the future.
This occurs at every single entrance to the store and as a customer who frequently shops at the store, I felt offended. I shouldn't have to look out for smoking employees and then walk over to another entrance. This shouldn't even be an issue but the impression I got from the manager was that she simply didn't care.
As a result of the inhalation of the second hand smoke from their employees I may have to see a doctor or even visit the emergency room because the smoke triggered my asthma and I've been suffering since this last visit.

Asked on 7/06/10, 10:23 am

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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0 attorneys agreed

Um, have you tried taking your business elsewhere?

Answered on 7/06/10, 1:30 pm

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