Judge bans a man from smoking in HIS OWN HOME!!

a reply to: Sremmos80

Agreed the fine is ridiculous, and he should have the right to smoke in his own home.

Just as you have the right to not have unwanted smoke in your home.

So true,

however if its a shared building then I believe the ones complaining have the right to seal the hole.

They claim its the hole that is causing the smoke to stink up their place so they could easily solve the issue if their claims are true by sealing the hole.


The approach they are taking is insane.

There is no way they could the money they are asking for, I believe some evidence has to be supplied for damages caused to get such a pay out.

Interesting to hear the outcome.

So there's a hole in the basement letting the odor of smoke waft into another home. Rather than sealing said hole, neighbor sues.

Okay. So now this guy can't smoke in his own home.

Easy solution: Buy a small fan, point it at the hole. In front of the fan, open a nice hearty can of Swedish Surströmming. Within minutes they'll begging to have that nasty smoke smell back.

Surely there's no law against eating a traditional Swedish treat in your own home! And if you happen to enjoy your pungent snack in the basement, near said hole, why that's completely fine.

originally posted by: ScientificRailgun
So there's a hole in the basement letting the odor of smoke waft into another home. Rather than sealing said hole, neighbor sues.

Okay. So now this guy can't smoke in his own home.

Easy solution: Buy a small fan, point it at the hole. In front of the fan, open a nice hearty can of Swedish Surströmming. Within minutes they'll begging to have that nasty smoke smell back.

Surely there's no law against eating a traditional Swedish treat in your own home! And if you happen to enjoy your pungent snack in the basement, near said hole, why that's completely fine.

It is not on me to remedy the jerkishness of my neighbor. It is on my neighbor not to interfere with the "quiet use and enjoyment" of my own home. This is a basic and simple matter of law.

a reply to: ScientificRailgun

You clearly didn't read the article. The people complaining have offered to help fix the chimney where the smoke appears to be entering their living space. They even offered to help pay for the needed repairs. The smokers home is not up-to-code yet they have refused to do anything about it. The complainants have tried to work with their neighbor and have agreed to drop the lawsuit if the smoker would do the needed repairs. It doesn't appear to be the act of maliciously litigious people.

a reply to: jaffo

So the act of smoking a completely legal cigarette in your home is considered jerky? (Opinion changed, see post below)

originally posted by: jtma508
a reply to: ScientificRailgun

You clearly didn't read the article. The people complaining have offered to help fix the chimney where the smoke appears to be entering their living space. They even offered to help pay for the needed repairs. The smokers home is not up-to-code yet they have refused to do anything about it. The complainants have tried to work with their neighbor and have agreed to drop the lawsuit if the smoker would do the needed repairs. It doesn't appear to be the act of maliciously litigious people.

Ahhh, therein lies the true issue then. You're right, I didn't read the article. That clarifies things a little. Though, 500k in damages is a little extreme. If the home is not up to code that does change things a little.

a reply to: Domo1

Are we sure that the offending hole isn't in the smokers house, and that a hole on their end hasn't been patched?

If so how could they say the smoke is coming through the hole and not some other way if the suspected hole is patched?

Guessing the exorbitant figure is to get attention and make the people smoking realize they are serious.

What if its awarded and makes the guy living there for so many years homeless due to having to sell his place to pay the sum, it wouldn't be to get attention then in my opinion and it wouldn't make people smoking realize that this is a serious issue other than insanity growing larger and larger in everyday society with incidents and outcomes like what I speculate.

a reply to: chuck258

So in your eyes the other party has no rights in their own home?
Only the man smoking in his does?

If you bothered to read the thread you would know that this was not thier first reaction and they tried to work this out between them but one party was not having it.

The amount is frivolous and if they get that amount I'll join in on the hate parade of the people asking for it. As it stands though it is just an asking number and hardly set it stone or billed to the man

It so funny reading all the people claiming this man's rights are being trampled all the while completely ignoring the rights of the other person.

Oh and the 'persecution' of smokers.

Sorry guys, it is a known fact it is horrible for you and if some one doesn't want that smoke in their house with one young child and another on the way they have the right to not have it there.

I smoked for years, I have nothing against them.
Just we all need to remember "your rights end where mine begin"

originally posted by: jtma508
a reply to: ScientificRailgun



You clearly didn't read the article. The people complaining have offered to help fix the chimney where the smoke appears to be entering their living space. They even offered to help pay for the needed repairs. The smokers home is not up-to-code yet they have refused to do anything about it. The complainants have tried to work with their neighbor and have agreed to drop the lawsuit if the smoker would do the needed repairs. It doesn't appear to be the act of maliciously litigious people.

That would seem to be a very reasonable solution..I wonder why the resistance, maybee the can of worms involved with an out of code house and other upgrades that might become needed? Do they share heating systems?

a reply to: Sremmos80

But this is slippery because anyone can say anything and claim "my rights, my rights!"

You know that thing you like to do in your own home? If lawsuits like this are successful and become more common because people support them, when you are banned from doing that thing you like to do in your own home no one will have your back.

I read an article last month where a woman was banned from using her wood stove that was her only source of heat for her and her son because her neighbor is suing her because of the smell. In the middle of winter. That's right, a judge slapped an injunction on her from heating her home.

It won't stop with smoking or wood stoves.

Do you like to have BBQs on nice days? Just wait until we're reading about that activity being banned. Don't laugh, it will happen. Probably already has.

Oh, wait, it's happening now in SF. SF Bay Area To Consider Banning Backyard BBQing


As far as this particular case, I hope the guy smokes on his porch as close to theirs as possible, as much as possible. He can't smoke inside, right? He's not banned from smoking outside.

FYI, I quit smoking 3 years ago and agree it's nasty, ruins things and just plain smells bad but this is too much.

Whatever happened to people working things out by talking about it?

Why have people become such assholes that taking them to court seems to be the only way to accomplish anything?

originally posted by: vonclod

originally posted by: jtma508
a reply to: ScientificRailgun



You clearly didn't read the article. The people complaining have offered to help fix the chimney where the smoke appears to be entering their living space. They even offered to help pay for the needed repairs. The smokers home is not up-to-code yet they have refused to do anything about it. The complainants have tried to work with their neighbor and have agreed to drop the lawsuit if the smoker would do the needed repairs. It doesn't appear to be the act of maliciously litigious people.

That would seem to be a very reasonable solution..I wonder why the resistance, maybee the can of worms involved with an out of code house and other upgrades that might become needed? Do they share heating systems?

Or maybe the smoker is just an asshole. They're really quite common.

Smoking is nasty and stupid, but if it were me and the smoker refused to fix the structural issue when asked nicely -- I'd just move. It's a lose/lose situation to me. If the smoker wins, then you're stuck with the smoke problem. If the smoker loses, he's gonna be mad as hell, and he WILL get revenge (see posts on this very thread suggesting possible revenge scenarios). Either way, I would lose and be miserable. Just move to a nicer neighborhood with nicer neighbors.

a reply to: Answer
True..might just be a dick..in general though assholes are just plain common and not exclusive to any one side. I can't think of any smokers I personaly know that would not of tried to fix the problem.
Most of them go outside to smoke anyway.

or if you had a workshop in that basement and liked making things out of wood the smell of sawdust, paints, glue and what have you would be just a dangerous probably more so

to be consistent the judge would have to order you to stop your hobby and well possible money maker!

a reply to: kaylaluv

Does vaping count? I mean, I was pretty heavy smoker for much of late teens and into my 20s. Switched to vaping about 5 years ago.

a reply to: CoherentlyConfused

But this is slippery because anyone can say anything and claim "my rights, my rights!"

First, using the slippery slope stance is illogical, second, this is america "my rights, my rights!" rules all.
Seems we are just very selective when we use that stance.
Seems people want to use that stance in defense of their position, but won't allow it to be used in the prosecution of it.


And both cases you brought up are still in the legal process, like this one.
Nothing set it stone.

Also being taken out of context, they are not banning back yard grilling by any means.

originally posted by: ScientificRailgun
a reply to: kaylaluv

Does vaping count? I mean, I was pretty heavy smoker for much of late teens and into my 20s. Switched to vaping about 5 years ago.

Does vaping count as what? Nasty and stupid? I don't know very much about it, but I think it's smarter than smoking cigarettes and probably not nearly as nasty.

I just think it's sad that 99.99% of the time, people start smoking when they are young and stupid, and they want to impress others. Was I ever young and stupid? Sure, but I didn't care enough about popularity and acceptance to get past that first very nasty puff of my first cigarette (did anyone ever really enjoy their first puff?). Thank God for that, because watching my dad try to quit smoking, I can see how hard it is to quit the habit once your body is hooked.

a reply to: Anyafaj

Welcome to Nazi Germany folks, this is freedom?