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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: 11401
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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#1. To: cranky (#0)
Bunch of garbage. A free citizen should be able to do ANY LEGAL activity inside their home.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
Apparently his home shares a wall with their home and smoke is leaking through.
Then the complaining whiny tool bag neighbor can plug HIS SIDE OF THE HOLE... no activity should be regulated, that is legal, inside a home. I would hope you would agree that regulating legal activity inside a home is at the very least a dangerous slippery slope. I don't really give a shit if the neighbors don't like cigerett smoke. They can sell their house and move.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
Nuisance theory. You can do what you want on your property, but not if it creates a nuisance for your neighbors. In this case, it sounds like a complete breakdown of communications between warring neighbors. If smoke is coming through a hole in the basement, then the hole needs to be plugged, obviously. They went to mediation, but apparently could not agree on it. It's not hard to guess why: Gray and Johnson have been living there for 50 years, are older, and come from an era when cigarette smoke was not considered a nuisance. Times have changed, and now it is, and they're not going to get "grandfathered in" on it, because it's a recognized health issue. They almost certainly took the: "our home, we've been there, we don't have to do anything, too expensive to plug, unreasonable to ask us" approach. They would have certainly won the case 50 years ago, or 30, or 20. But today? No. Today, cigarette smoke is considered a carcinogen, and those who are generating it will be found to have the abatement responsibility. Gray and Johnson have already lost, and they'll keep on losing here. My own personal opinion? The obvious answer: Johnson and Gray should remediate by plugging the holes, at their expense. An objective third party tester should conduct tests to ensure the remediation is effective, and then that's that.
Typical D. C. hysteria and utilization of hysteria to extort money...
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)!
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.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
I've dealt with this bullshit, often. Most people like this hate each other and any kind of communication or reason is fruitless. This complaining neighbor must feel that his neighbors deed must dictate no smoking, for his benefit. How arrogant.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
I have this feeling that if it were that easy he would have already done it. But you seem to be saying that if your dog shitting in my yard bothers me, I should clean it up. I'm not sure I agree with that. "I would hope you would agree that regulating legal activity inside a home is at the very least a dangerous slippery slope." I do agree. But in this case, the neighbors are only trying to regulate the smoke that is entering their home. "I don't really give a shit if the neighbors don't like cigerett smoke. They can sell their house and move." Yeah, well, they have rights, too.
No smoking inside. Outside is fine.
Negative. Apples to apples please. I'd expect you to shoot my dog if I let him shit in your yard. But if the smell of my dogs shit, IN MY YARD, bothers you, I could care less. Move.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
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. 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). 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.
No neighbor is gonna dictate were I smoke on my property.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
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.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
If my neighbor came over and ordered that... his wife would be reporting him missing by morning.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
Well, I'm very pleased to learn you have this perspective, even if it's with an issue we disagree with.
The court should be wise enough to force both parties to pay for plugging the holes. My guess is the court will want to intervene to punish any smokers and to lay down precedents for further regulation of homes by courts. BigGov wants inside your front door. Where are all the libs screaming about the government in their bedrooms? Apparently, that doesn't count when they don't want it to. Of course, it's a craphole Blue dominion so they'll go for intrusiveness. It would be a different story in most Red states.
That's a good one.
Lol, you noticed how white is dishonest did you?
I apologize for the late reply, I do music trivia on Tuesday nights. Yes... I'll call anyone out for spinning something or not comparing apples to apples.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
I would assume that might be the outcome. I'm just disappointed that a court got involved or two human beings were so dysfuntional, that government needed to intervene.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
Edwin's sister: Edwin, dear brother of mine, we've lived there for 50yrs, and in those ears, I've saved enough for you and I to go on a, round the world cruise. We should sell the house...we don't need this stress at our age. I've rounded up a carefully chosen few interested parties (1-example below), don't worry that you don't like them, just think of all the fun our former neighbors will have getting aquanted with one another". ("We sing about God because we believe in Him. We are not trying to offend anybody, but the evidence that we have seen of Him in our small little lives trumps your opinion about whether or not He exists". ~ Jeff Foxworthy)
Maybe not. They are black,most likely on welfare and food stamps,and most likely the whiner is a white yuppie.
Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
Judging from his mass and the number of trash cans outside the door of that tiny rat trap,homie is doing ok with the Food Stamps.
Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
Yeah, well, they have rights, too. The prime one being the right to sell their box and move instead of expecting other people to live according to their wishes.
Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
Somebody correct me if I'm wrong,but don't stacked boxes like that have Homeowners organizations that collect monthly dues to do repairs to common areas?
Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
Disappointed but not surprised.
Not all of them. They look like post-war row houses to me.
I'm guessing that the kind and loving yuppie that filed this complaint to strike a blow for communal living everywhere (once we get rid of the darkies,of course)will soon be organizing his fellow trust fund explorers who are moving in to create one. I would live in a tent in the woods before I would have a Home Owners Committee of busy-body airhead lefties dictate to me how I have to live and think at home.
Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
Many of these homeowners only lack the swastikas to qualify as Nazis. Very heavyhanded. Now and then, you see a few victories against these petty tyrants. My favorite is the one with Rick Perry, a comedy goldmine when he struck back at these busybodies over the small Jewish mezuzahs on doorposts, a very ancient Jewish custom. A 26-inch-long stone box—about six times bigger than the kind Jewish families typically use to affix a tiny Torah scroll to their doorframe—is being marketed as a Texas-sized “Rick Perry mezuzah.” The Rick Perry mezuzah and a regular one. (Mezuzah Store) Earlier this summer, the Texas governor signed a law protecting religious displays outside homes, inspired by the case of a Jewish couple in Houston asked by their homeowners association to take down their small mezuzah. MezuzahStore.com is honoring Perry by naming their largest mezuzah after him, designed to be just longer than the 24-inch allowance given by the new Texas law and costing $999. The store clarifies they do not endorse Perry, now a presidential candidate, but support the law and want to poke fun at the bigger-in-Texas stereotype. Mezuzot fulfill the Torah’s commandment to display God’s teachings on the doorpost of your homes. Perry topped off this feat by hosting a little Hannukah party where he held hands and danced with other dudes around the governor's desk a month later to celebrate on 9/27/2011. Gotta love how Texas increased the allowed mezuzah size to a whopping 24" and the Jewish mezuzah suppliers promptly introduced a 26" model named after Perry. Witty.
LOL, I remember you posting that vid back in 2012.
"Being born again, not of corruptible seed, but of incorruptible, by the word of God, which liveth and abideth for ever." (1 Peter 1:23)
C'mon, this also makes Rick Perry the GOP's most gay-friendly candidate since Giuliani (who did slow-dance with one of the two gay guys he shacked up with when he left his wife and family, recall the photo from my Photobucket stash). None of the other 2016 GOP prospects are well-known for holding hands and dancing with other dudes. And on camera. It's a twofer, if not more. I dunno if Rick Perry would make a great president but he is a great guy.
Perry was good for Texas. Don't really think he wants to be POTUS. National campaigning would not be his strong suit as he is really a Texan and will say what he's thinking. That's radioactive for outside Texas politics.
"Being born again, not of corruptible seed, but of incorruptible, by the word of God, which liveth and abideth for ever." (1 Peter 1:23)
Don't kid yourself. He's a born politician, just like Xlinton. Yes, he does want to be prez if he can only find a way to thread the needle.
I agree that Texas Home Owners Associations often behave like a bunch of jack-booted Nazis, but I don't know if I can honestly describe them as being politically "left wing" or "right wing." Seems to me like their more like sockpuppet employees of whatever real estate developer who built the community. Instead of having any truely elected local government, these petty tyrants settle neighborhood disputes involving loose dogs, junk cars in the driveway, unraked leaves, uncut grass, etc. etc. etc. So a lot depends on how pissy your neigbors are with the lawn ornaments. Some ornamentation is tasteful and blends with the style of the neighborhood, other ornamentation is tacky & tasteless and detracts from property values. And it's up to the unelected, real estate developers hired mignons to settle the disputes.
As with many things, you only hear about the really bad ones 'cause bad news sells.
When you purchase a home there, don't you have to sign an agreement promising to abide by the association rules? Certainly if you think you're moving in with a bunch of jack-booted Nazis you wouldn't buy the house to begin with. Then again, there's a least one poster on this forum who will buy the house then do whatever he wants. F**k the association and their unconstitutional, nanny-state rules. You don't tell him what to do!
Good for Perry!
Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
It is a fun and funny anecdote. What a ham!
Ping!
Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
So what? Homosexuals aren't American citizens with the rights the rest of us are supposed to have? Pretty soon NONE of us are going to have any rights other than the "right" to follow orders if we don't start sticking together to support each other's rights as free citizens. Fragmented voting blocks that would rather see themselves harmed than see another group they don't like win a victory has always been the wet dream of potential dictators.
Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
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#2. To: GrandIsland (#1)
#3. To: misterwhite (#2)
(Edited)
Apparently his home shares a wall with their home and smoke is leaking through.
#4. To: cranky (#0)
#5. To: cranky (#0)
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.
#6. To: GrandIsland (#1)
A free citizen should be able to do ANY LEGAL activity inside their home.
#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.
#8. To: Vicomte13 (#4)
(Edited)
In this case, it sounds like a complete breakdown of communications between warring neighbors. If smoke is coming through a hole in the basement, then the hole needs to be plugged, obviously.
#9. To: GrandIsland (#3)
"Then the complaining whiny tool bag neighbor can plug HIS SIDE OF THE HOLE..."
#10. To: GrandIsland (#8)
"This complaining neighbor must feel that his neighbors deed must dictate no smoking."
#11. To: misterwhite (#9)
(Edited)
saying that if your dog shitting in my yard
#12. To: GrandIsland (#7)
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.
#13. To: misterwhite (#10)
No smoking inside. Outside is fine
#14. To: Pinguinite (#12)
Am I correct in surmising you are a smoker? :)
#15. To: misterwhite (#10)
No smoking inside. Outside is fine.
#16. To: GrandIsland (#14)
I speak from a FREEDOM standpoint. It's my house.
#17. To: GrandIsland (#8)
I've dealt with this bullshit, often. Most people like this hate each other and any kind of communication or reason is fruitless.
#18. To: GrandIsland (#11)
Negative. Apples to apples please. I'd expect you to shoot my dog if I let him shit in your yard. But if the smell of my dogs shit, IN MY YARD, bothers you, I could care less. Move.
#19. To: GrandIsland, misterwhite (#11)
Negative. Apples to apples please. I'd expect you to shoot my dog if I let him shit in your yard. But if the smell of my dogs shit, IN MY YARD, bothers you, I could care less. Move.
#20. To: Dead Culture Watch (#19)
Lol, you noticed how white is dishonest did you?
#21. To: TooConservative (#17)
The court should be wise enough to force both parties to pay for plugging the holes.
#22. To: cranky, ALL (#0)
(Edited)
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.
#23. To: Vicomte13 (#4)
Gray and Johnson have already lost, and they'll keep on losing here.
#24. To: misterwhite (#2)
#25. To: misterwhite (#9)
"I don't really give a shit if the neighbors don't like cigerett smoke. They can sell their house and move."
#26. To: TooConservative (#17)
The court should be wise enough to force both parties to pay for plugging the holes.
#27. To: GrandIsland (#21)
I'm just disappointed that a court got involved or two human beings were so dysfuntional, that government needed to intervene.
#28. To: sneakypete (#26)
Somebody correct me if I'm wrong,but don't stacked boxes like that have Homeowners organizations that collect monthly dues to do repairs to common areas?
#29. To: TooConservative (#28)
Not all of them. They look like post-war row houses to me.
#30. To: sneakypete, redleghunter, Willie Green (#29)
I would live in a tent in the woods before I would have a Home Owners Committee of busy-body airhead lefties dictate to me how I have to live and think at home.
‘Rick Perry mezuzah’ proves Jewish objects are also bigger in Texas
#31. To: TooConservative (#30)
#32. To: redleghunter, sneakypete (#31)
(Edited)
#33. To: TooConservative (#32)
#34. To: redleghunter (#33)
Perry was good for Texas. Don't really think he wants to be POTUS.
#35. To: TooConservative (#30)
I would live in a tent in the woods before I would have a Home Owners Committee of busy-body airhead lefties dictate to me how I have to live and think at home.
Many of these homeowners only lack the swastikas to qualify as Nazis. Very heavyhanded.
Now and then, you see a few victories against these petty tyrants.
#36. To: Willie Green (#35)
I agree that Texas Home Owners Associations often behave like a bunch of jack-booted Nazis, but I don't know if I can honestly describe them as being politically "left wing" or "right wing."
#37. To: Willie Green (#35)
"these petty tyrants settle neighborhood disputes involving loose dogs, junk cars in the driveway, unraked leaves, uncut grass, etc. etc. etc."
#38. To: TooConservative (#30)
#39. To: sneakypete (#38)
#40. To: TooConservative, *Religious History and Issues* (#30)
My favorite is the one with Rick Perry, a comedy goldmine when he struck back at these busybodies over the small Jewish mezuzahs on doorposts, a very ancient Jewish custom.
#41. To: TooConservative (#32)
(Edited)
C'mon, this also makes Rick Perry the GOP's most gay-friendly candidate since Giuliani
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