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Title: Temporary injunction bars man from lighting up inside his Washington home after neighbors sue
Source: FoxNews
URL Source: http://www.foxnews.com/us/2015/03/1 ... ide-his-washington-home-after/
Published: Mar 10, 2015
Author: Associated Press
Post Date: 2015-03-10 17:42:54 by cranky
Keywords: None
Views: 12758
Comments: 68

A temporary order by a Superior Court judge is keeping a man from smoking inside his home in the District of Columbia.

WJLA-TV (http://bit.ly/1BrlPLl ) reports that Edwin Gray's next door neighbors in northeast Washington have filed a civil suit claiming they're being harmed by smoke that sneaks into their home through a hole in the basement. They are seeking an injunction and $500,000 in damages.

A judge issued a temporary injunction last week saying neither Gray nor any family or guests may smoke in the home the family has owned for 50 years. Gray's sister, Mozella Johnson, says they will fight.

In court filings and a statement, the neighbors say they tried to work with Johnson and Gray, and filed suit when mediation attempts failed.

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Begin Trace Mode for Comment # 12.

#1. To: cranky (#0)

Bunch of garbage. A free citizen should be able to do ANY LEGAL activity inside their home.

GrandIsland  posted on  2015-03-10   17:52:35 ET  Reply   Untrace   Trace   Private Reply  


#6. To: GrandIsland (#1)

A free citizen should be able to do ANY LEGAL activity inside their home.

Sure, but not inside of the homes of others.

If he wants to smoke in his home, that's fine, but he is responsible to ensure his smoke is not seeping into a neighbor's home. Apparently the neighbors are claiming he is polluting homes that he does not own.

The cause is reasonably founded (even from a libertarian viewpoint)!

Pinguinite  posted on  2015-03-10   18:32:05 ET  Reply   Untrace   Trace   Private Reply  


#7. To: Pinguinite (#6) (Edited)

If he wants to smoke in his home, that's fine, but he is responsible to ensure his smoke is not seeping into a neighbor's home. Apparently the neighbors are claiming he is polluting homes that he does not own.

I disagree. The solution isn't for the smoker to no be able to smoke in his house, in a row housing type of structure. The solution is for the complainer to seal his side of the structure up, at his cost to keep another homes smoke or smell from seeping in, Imho.

If we decide the solution rests on the smoker, then THATS a slippery slope of freedom inside a persons home. After this, people will complain about smelly people, pet odors and maybe even perfumes and Air freshener's that allegedly make a complainer sick.

GrandIsland  posted on  2015-03-10   18:50:13 ET  Reply   Untrace   Trace   Private Reply  


#12. To: GrandIsland (#7)

Am I correct in surmising you are a smoker? :)

This is only a temporary injunction, not a final ruling. Temporary until, presumably, a final ruling is made.

I disagree. The solution isn't for the smoker to no be able to smoke in his house, in a row housing type of structure. The solution is for the complainer to seal his side of the structure up, at his cost to keep another homes smoke or smell from seeping in, Imho.

Maybe the court will rule that way. But if a home owner kept sacks of DDT or barrels of used car oil in his home that leaked onto the floor and through the walls, would the burden rightly be on the neighbors to pay for hazmat operations to clean and seal up his side of the home? Isn't a polluter responsible for sealing up his own pollution? And cigarette smoke most certainly IS pollution. (Yes, I'm a non-smoker).

If we decide the solution rests on the smoker, then THATS a slippery slope of freedom inside a persons home. After this, people will complain about smelly people, pet odors and maybe even perfumes and Air freshener's that allegedly make a complainer sick.

Maybe. Court cases handle these things on a, well, case by case basis.

As for freedom in the homes, that's long since been under assault over issues that have nothing to do with impeding the rights of neighbors, and everything about obedience to state control. But this case isn't one of them.

Pinguinite  posted on  2015-03-10   19:03:06 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 12.

#14. To: Pinguinite (#12)

Am I correct in surmising you are a smoker? :)

I quit in 2008

I don't decide right or wrong based on bias. I hate the smell of smoke, and if bias had anything to do with it, I'd side with the whiny complaining neighbor.

I speak from a FREEDOM standpoint. It's my house.

GrandIsland  posted on  2015-03-10 19:07:33 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 12.

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