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Title: Perth vegan demands neighbour stop cooking barbecues
Source:
9NEWS
URL Source: https://www.9news.com.au/national/p ... db-142b-486a-a30d-28edd354d602
Published: Sep 2, 2019
Author: Elizabeth Creasy
Post Date: 2019-09-04 09:51:08 by misterwhite
Keywords: None
Views: 1225
Comments: 18
A Perth vegan has taken her neighbours all the way to the Supreme Court, demanding they stop smoking, bouncing balls and even cooking barbecues in the backyard. Cilla Carden, from Girrawheen, in Perth's northern suburbs said she's fed up with the smell of meat cooking on the barbecue next door. "They've put it there so I smell fish, all I can smell is fish. I can't enjoy my backyard, I can't go out there." The massage therapist claims her neighbours are doing it on purpose. Ms Carden, a massage therapist, is also furious at cigarette smoke wafting into her yard and the sound of children playing with basketballs next door. "It's been devastating, it's been turmoil, it's been unrest, I haven't been able to sleep," she said. But one neighbour invited 9News into the backyard, to show that he's removed the barbecue and told his children to stop playing basketball. Ms Carden is so upset she has taken her neighbours to the State Administrative Tribunal and the Supreme Court. "It's deliberate, that's what I told the courts, its deliberate." But a Supreme Court Judge and the State Administrative Tribunal have sided with her neighbours, dismissing her case. Her request to appeal the decisions has also been refused. Ms Carden says she won't give up on her fight and will return to court soon.
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#1. To: All, Tooconservative (#0)
Well, do you agree with her? Should she use the courts to force others to comply with her wishes?
I'd say no. Maybe the neighbor could invite her over and offer to BBQ some vegetarian cuisine. Corn on the cob is pretty good when cooked on a grill.
Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen. On the same grill? Ewwwww! "Imagine that you’re a food chain, and you’ve proudly added a meat-free burger like the Impossible to your menu. It’s probably obvious that you shouldn’t cook it on a grill covered with beef run- off, right? Not if you’re Burger King: that chain and others like A&W America are reportedly cooking fake meat burgers on the same grills as the meat ones."
It's Australia and they're all commies. So I don't care.
Uh-oh. The word got out and there's hell to pay. "Now, thousands of people have marked themselves as “attending” a community cookout outside this woman’s home called called event “Community BBQ for Cilla Carden” on Oct. 19. Nearly 9000 people have said they’re interested in attending the event set for Oct. 19, which clearly intends to mock Carden’s case against her neighbours. Cilla Carden has a problem with her neighbours cooking meat on their BBQ, because she’s a vegan. Recently taking them to the Supreme Court,” creator of the event Bailey Mason wrote. “Don’t let Cilla destroy a good old Aussie tradition, join us for a community BBQ, and help Cilla Carden GET SOME PORK ON HER FORK.” Per the Evening Standard, the court dismissed her case in January, saying she didn’t have enough evidence, but Carden was convinced this was a violation of her rights as a homeowner. She proceeded to file a 600-page document detailing her appeal, The West Australian reported, saying that she intends to keep fighting the battle. “What they’re doing is living in their backyard and their home as a family,” the State Administrative Tribunal of Western Australia said, dismissing the case once more. The tribunal also stated that the neighbours made an effort to appease Carden by by moving their barbecue prior to the hearing last month. Reducing patio lightning, silencing their pets and replacing plants in their common garden, the Standard says, were just some of the woman’s lofty requests. The neighbour in question, who remained anonymous, invited Nine News into their backyard, showing that they’ve removed the barbecue and asked their kids to stop playing basketball in the backyard. “I’m a good person,” Carden told the Nine News. “I just want peace and quiet.”
I think displaying revenge motives or public mockery is likely to make the courts more sympathetic to her, not less. In addition, decisions in cases like this one often are extrapolated by a court to apply to an entire class of similar judicial decisions. Sooner or later, that backlog of previous judicial rulings and/or the recurrence of these types of cases will finally move a court decisively in an unexpected direction. The Australian court, a minor institution in a parliamentary country, is not as radical as the American Court but I wouldn't consider this a slamdunk at all.
Well, she failed twice. Maybe the third time's the charm. "Per the Evening Standard, the court dismissed her case in January, saying she didn’t have enough evidence …" "She proceeded to file a 600-page document detailing her appeal … the State Administrative Tribunal of Western Australia (dismissed) the case once more.
Well, she might prevail if 9,000 people show up at her neighbor's house to deliberately inundate her with their smoke and meat odors and she documents it. She is persistent. And sometimes that is all it takes to eventually prevail in a court.
Uh-huh. So the court will order the 9,000 people not to do it again. Maybe she could do us all a favor and go on vacation that day.
You certainly are worried about those poor Aussies. I guess there's nothing in America that concerns you so much. Unless someone questions the right of a 'fraidy-cop to shoot first and ask questions later. Then you get real upset.
Nah. I only posted it for you to look at and compare to the it's-the-sabbath- and-I-can't-play story.
I just don't see the applicability at all. If this was your idea of a comparable case at law, it didn't work because they are so different in almost every way.
Party on, Dudes. Ms. Carden could use a therapist of her own. She could move.
I think her neighbors should move.
No, not comparable case law, just similar situations -- a individual expecting others to change their otherwise acceptable behavior just to satisfy their unique and selfish needs. You didn't see that connection, huh? Perhaps I over-estimated your intelligence.
Because there is none. An Australian case involving nuisance among neighbors is not remotely comparable to an American case involving equal participation rights in sports in federally funded and regulated extracurricular youth sports in the public schools. One case is Australian property rights, the other is American civil rights. Title IX is the applicable legal framework, signed by Nixon in 1972 as a followup to the 1964 Civil Rights Act. This is its preamble: Between these two landmark laws, virtually all discrimination is banned in public schools and other public venues and institutions and many other areas of life. That is why 0bama's gang tried to redefine the transsexuals as being the sex they choose to (pretend to) be, not the sex they were born as. In this way, transsexuals would be covered by both major laws in every educational institution in the country and most other public venues. No, the Aussie case is of middling interest. They don't have powerful courts and they don't have a constitution worth mentioning, like most parliamentary countries.
Or perhaps collect a lot of poison ivy, and then when the prevailing winds are r right, burn it in big smoky fires.
I'm not sure we should advocate that people play dirty tricks on their neighbors. Especially not the kind that can harm their eyes and lungs. You're suggesting something very cruel as being somehow appropriate to a neighborhood dispute involving BBQ, basketball and noisy kids. In a big enough dose, burned poison ivy can kill by shutting down the respiratory system in a massive allergic reaction. It has happened before. People do have a right to peaceable enjoyment of their private property. It is not in a public setting so the laws and traditions regarding the public commons don't apply. We see the same thing on the west coast, people complaining and turning their neighbors in for smoking outdoors or BBQs or running gas lawnmowers or even having a lawn to begin with, let alone applying fertilizer or pesticides to it. So strange that this case of Perthian BBQ run amok and angry neighbors are drawing so much interest here at an internet backwater like LF. This thread is only a weak distraction tactic anyway. misterwhite already admitted as much.
#2. To: misterwhite (#1)
Well, do you agree with her? Should she use the courts to force others to comply with her wishes?
The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning.
Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.
#3. To: Deckard (#2)
Maybe the neighbor could invite her over and offer to BBQ some vegetarian cuisine.
#4. To: misterwhite (#1)
Well, do you agree with her? Should she use the courts to force others to comply with her wishes?
#5. To: Tooconservative (#4)
https://boom997.com/news/5853199/vegan-sues-bbq-neighbours/
#6. To: misterwhite (#5)
“Don’t let Cilla destroy a good old Aussie tradition, join us for a community BBQ, and help Cilla Carden GET SOME PORK ON HER FORK.”
#7. To: Tooconservative (#6)
I think displaying revenge motives or public mockery is likely to make the courts more sympathetic to her, not less.
#8. To: misterwhite (#7)
"Per the Evening Standard, the court dismissed her case in January, saying she didn’t have enough evidence …"
#9. To: Tooconservative (#8)
Well, she might prevail if 9,000 people show up at her neighbor's house to deliberately inundate her with their smoke and meat odors and she documents it.
#10. To: misterwhite (#9)
#11. To: Tooconservative (#10)
You certainly are worried about those poor Aussies.
#12. To: misterwhite (#11)
Nah. I only posted it for you to look at and compare to the it's-the-sabbath- and-I-can't-play story.
#13. To: misterwhite (#0)
#14. To: WWG1WWA (#13)
#15. To: Tooconservative (#12)
If this was your idea of a comparable case at law,
#16. To: misterwhite (#15)
You didn't see that connection, huh?
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
#17. To: Tooconservative (#14)
I think her neighbors should move.
#18. To: Vicomte13 (#17)
(Edited)
Or perhaps collect a lot of poison ivy, and then when the prevailing winds are right, burn it in big smoky fires.
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