Couple demands halt to neighbor's smoking

Akron Beacon Journal ^ | 1/23/04 | Phil Trexler

[mylife]

Why do smokers believe that their tobacco smoke is a blessing to others? HUH? Hey there is lots of crap that people do that I dont like and some of it puts me in danger. I dont think they are trying to bless me with their behavior.

[mongrel]

I don't like laws forcing restaurants to be smoke-free, but I do agree with the plaintiff in this case. The headline is inaccurate, it should say that the couple demands that neighbor stop smoking within a few feet of their open doors and windows. Condiminium living is different than subdivision living and the behaviors have a much more significant impact on the neighbors.

I think some of you are reacting with partisan lens and not considering the whole case. I certainly wouldn't want to live in a condo where my neighbor has full license to turn her stereo way up, put her grill next to my door and blow smoke in the house, or leaving things cluttered all over the shared porch. Smoking right outside my door falls into those categories.

[paul51]

Can it get much worse than this example of infringement on ones rights in and around their own home?

Are you referring to Kuder's rights or Zangrando's rights?

[patton]

Stopped breathing yet?

[KeepUSfree]

It is a legal activity. They have no right to dictate other people's lives. If it bothers them that much - they should move.

[notaliberal]

Guess what? Air moves. What you do affects other people.

I have the same problem: Live in a condo upstairs, the people downstairs stand in their driveway and smoke. They don't want to smell up their house smoking, but their exhaled air is okay in my house. In the summer I have to keep my windows closed because these "smokers" just do not care how their smelly habit affects others. I asked very nicely for my neighbors to not smoke outside my windows and guess what after a year they still smoke outside my windows. I do not give a wit if people smoke, I just don't want to smell it!

[armymarinemom]

The guy's got major lung issues. It doesn't take much to set them off. This is something I can attest to personally -- if your lungs are already "twitchy" from something else, cigarette smoke can really shut you down.

There are a lot of people with a lot of health problems that can be affected by neighbors. What if I lived next door to you and your voice triggered seizures? Can I get an injunction asking you not to speak in your yard or home? What if I were allergic to paint? Should you be asked to never start home improvements? Be careful what you ask for, it may bite you later.

[NittanyLion]

Yup. I expected as much. However, he owns, she rents, and he was there first.

Both have legal right to their respective residence. It's possible the bank owns his residence at the moment, for all you know (while he pays off his mortgage). Regardless, that's not a legal argument, just an emotional appeal.

And now you're suggesting that this fellow actually ought to buy the place. IOW, you're basically placing the costs for her stupid, smelly behavior on the guy who it's bothering.

No, I'm suggesting a free market solution to the problem.

This is the typically libertarian response: the smoker has no responsibility for what she's doing to others, and the guy next door has to accept it all, and pay for it, too.

One of us is suggesting a free market solution; the other government intrusion. I'll let other readers of this thread decide which among us is a liberal.

[leadpenny]

Any bets on how many replies this thread will get?

I say at least a thousand.

[JoJo Gunn]

Smelly and stupid, eh? Maybe it is.

I smoke, and I always go outside. I don't even smoke in the designated sections of restaurants. I wait and go outdoors, and my smoke wafts away, to blend in with the exhaust of cars driven by hypocrites who endanger my health yet sympathize with control freaks because being a smoke Nazi is the latest craze.

Now, when you give up your vehicle, or stop riding the bus or plane or whatever you do to contribute to my lung damage, then we'll talk. Fair enough, sugah?

[saul goode]

I find it incredible that there are so many on a conservative forum who are willing to throw people under the big government bus every time someone exercises a right that displeases them. Should we just outlaw smoking? Should the government be able to tell you, a citizen of the United States of America, that you are no longer free to choose to smoke? Should they then tell us what he can eat, drink, listen to, watch, think, etc.? If you don't like your neighbor smoking next door, move. If you don't like your neighbor grilling next door, move. This person isn't being accused of sneaking into her neighbor's home and smoking. She's accused of smoking on her patio. Deal with it!

[angkor]

He said he suffers from lung problems, including emphysema, and has had asthma in the past. He said the smoking is such that he is reluctant to let his dog or two cats outside.

I think its pretty clear the guy is a crank (he won't let his dog and cats outside???), and his health claims seem ambiguous at best (e.g., he appears not to have gathered medical proof during this two-year episode).

Also, why is this an "emergency"? Do Ohioians regularly keep their windows and doors open in January?

Control freak, obsessive, mean spirited, old crank. Wonder how many other neighbors he's made friends with.

[Nathan Jr.]

"If the guy's health is such that simple cigarette smoking by a resident of the adjoining apartment is a serious health risk, he shouldn't be living in an apartment/duplex." Yup.

[cyborg]

then either they need to make the condominum smoke free or have special units set aside

[garyhope]

They'll have to pry my BBQ grill out of my cold, dead hands!!

I think I'll sue the vegetarian next door for cooking too many fruits and vegatables,...the Hollywood Democrats!! Oh, ha ha ha. I am so funny.

[LisaMalia]

What is puzzling here is why the addict has to go out on the balcony to smoke and does not smoke in her apartment

If you actually read the article, you would know that she is renting, and the condo is "smoke free". And by the way, do you drink coffee, or any other beverage containing caffeine?
If so, welcome to the world of addiction.

This honey should have the mental strength to quit and screw the state out of the tax revenue

Interesting choice of words, "honey".

[mylife]

What can i say leadpenny? Im a rabble rouser!

[CaptRon]

This guy has emphysema (I wonder how he developed it), lives in an urban area with automobile exhaust, factory emissions, etc, but it is only this neighbors cigarette smoke that affects him?

[Freebird Forever]

The neighbor in the end unit across the yard-about 25 feet or so-actually called the local police to complain that we were stinking up her yard with our grill.

PETA member, perhaps?

[1rudeboy]

I'm doing some unofficial research about second-hand cigarette smoke as applied to nuisance law. Any info would be appreciated. Thanks in advance.