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Jury finds heavy smoking to be grounds for eviction
The Boston Globe ^ | By Ralph Ranalli and Jonathan Saltzman | June 16, 2005

Posted on 06/16/2005 5:33:52 AM PDT by Boston Blackie

In a case that tobacco law specialists say is one of the first of its kind in the nation, a Boston Housing Court jury ruled that a South Boston couple could be evicted from their rented water-view loft for heavy smoking, even though smoking was allowed in their lease.

The landlord who rented the Sleeper Street unit to Erin Carey and Ted Baar ordered them out within a week last November, after neighbors complained of the smoke odors filtering into their apartments.

(Excerpt) Read more at boston.com ...


TOPICS: Culture/Society; US: Massachusetts
KEYWORDS: aclulist; billofrights; constitutionlist; pufflist; wodlist
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1 posted on 06/16/2005 5:33:52 AM PDT by Boston Blackie
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To: Boston Blackie

That is effing ridiculous, especially since it was allowed by their lease.


2 posted on 06/16/2005 5:35:23 AM PDT by theDentist (The Dems have put all their eggs in one basket-case: Howard "Belltower" Dean.)
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To: Boston Blackie

One day soon, every smoker will have to smoke withing a positive-pressure, super filtering booth to avoid offending someone or breaking a law.


3 posted on 06/16/2005 5:36:37 AM PDT by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
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To: theDentist
Smoking is allowed but only 2 cigarettes per person per hour...
4 posted on 06/16/2005 5:37:13 AM PDT by Dallas59 (" I have a great team that is going to beat George W. Bush" John Kerry -2004)
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To: theDentist

Really? I live in an apartment above a heavy smoker, and it simply rises into my apartment. I have asthma, and it's certainly makes me ill.

In addition, my apartment smells like I am a heavy smoker.

Now you tell me, since I don't choose to smoke, what the solution is?

It's either 1. He goes, or 2. The landlord releases me from my lease.

Remember, your rights stop where my body begins. In this case you could say your rights stop where your apartment walls end, and if your actions go beyond your walls, then you are subject to eviction, etc.


5 posted on 06/16/2005 5:38:38 AM PDT by 1stFreedom (1)
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To: Boston Blackie
ncluding a ventilation unit patched together with duct tape

Duhhhh I wonder why they call it "duct" tape?
6 posted on 06/16/2005 5:39:25 AM PDT by HEY4QDEMS (Who owns this car with the peace sign, the mag wheels, and four on the floor?)
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To: SheLion

you're going to love this one!


7 posted on 06/16/2005 5:42:12 AM PDT by jocon307 (Can we close the border NOW?)
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To: theDentist

Article says:

"the jury found that the couple's heavy smoking violated a more general clause banning 'any nuisance; any offensive noise, odor or fumes; or any hazard to health.' "

The smoke and odor were invading the neighboring apartments. When I rent an apartment I like it to be free of my neighbors' noxious odors. It's like loud music or other noises: you can make noise, but not so much that you disturb the neighbors. These smokers could smoke, but not so much that they disturb the neighbors.


8 posted on 06/16/2005 5:43:06 AM PDT by cracker
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To: Boston Blackie
This is the next front for the smoking nazis. The latest public service ad is sponsored by mysmokefreeapartment.com . It's a way for tenants to petition the building owner to make it smoke free. That is, to throw out the smokers ala the restaurants.

The only good thing about the link is that it's dead.

9 posted on 06/16/2005 5:47:52 AM PDT by spudsmaki
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To: Boston Blackie

Did clear definition of "Heavy Smoking" come out of this enlightened decision?


10 posted on 06/16/2005 5:49:55 AM PDT by Publius6961 (The most abundant things in the universe are ignorance, stupidity and hydrogen)
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To: cracker

Agreed. This is the precedent-setter that the Smoking Nazis have been praying for.


11 posted on 06/16/2005 5:50:12 AM PDT by theDentist (The Dems have put all their eggs in one basket-case: Howard "Belltower" Dean.)
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To: 1stFreedom
Remember, your rights stop where my body begins. In this case you could say your rights stop where your apartment walls end, and if your actions go beyond your walls, then you are subject to eviction, etc.

Reminds me of a battle my brother-in-law had in his condo in Florida....neighbor complaining about the aroma of garlic when my brother-in-law made spaghetti sauce. The neighbor wanted 'ethnic' cooking banned in the entire complex.

12 posted on 06/16/2005 5:53:04 AM PDT by Boston Blackie
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To: 1stFreedom
re:Now you tell me, since I don't choose to smoke, what the solution is?
 
suck it up and buy a house if it bothers you that bad. Apartment living has always been a pain in the arse.
too much farging whining these days.
13 posted on 06/16/2005 5:53:08 AM PDT by tomakaze (Cuius testiculos habes, habeas cardia et cerebellum.)
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To: clee1

I think you mean Negative pressure.


14 posted on 06/16/2005 5:53:47 AM PDT by HEY4QDEMS (Who owns this car with the peace sign, the mag wheels, and four on the floor?)
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To: Boston Blackie; SheLion; Gabz; Just another Joe
PUFF

FMCDH(BITS)

15 posted on 06/16/2005 5:54:30 AM PDT by nothingnew (I fear for my Republic due to marxist influence in our government. Open eyes/see)
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To: Boston Blackie

The difference is that garlic is arguably good for you and smoke is not.


16 posted on 06/16/2005 5:55:28 AM PDT by HEY4QDEMS (Who owns this car with the peace sign, the mag wheels, and four on the floor?)
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To: Boston Blackie

The lease should have said no smoking allowed. That being said, smokers don't just impact their own insides; their smoke diffuses into the surrounding atmosphere, and then seeps through cracks in walls and through ductwork until it lends an odor to an entire building. Suppose that cigarette smoke smelled like hydrogen sulfide (rotten eggs); would defenders of indoor smoking be as likely to defend it then? Probably not. To some of us, the smell of cigarette smoke, even at a distance, is almost as offensive as the smell of rotten eggs.


17 posted on 06/16/2005 5:55:37 AM PDT by snarks_when_bored
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To: jocon307; Just another Joe; Madame Dufarge; MeeknMing; steve50; Cantiloper; metesky; kattracks; ...
you're going to love this one!

Oh I'm sure. LOL!  The smoking threads sure bring out the CINO's.

18 posted on 06/16/2005 5:55:38 AM PDT by SheLion (Trying to make a life in the BLUE state of Maine!)
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To: HEY4QDEMS

Yup. Oops....


19 posted on 06/16/2005 5:56:03 AM PDT by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
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To: spudsmaki

20 posted on 06/16/2005 5:57:37 AM PDT by SheLion (Trying to make a life in the BLUE state of Maine!)
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To: snarks_when_bored

Ban egg salad too.


21 posted on 06/16/2005 5:58:41 AM PDT by Boston Blackie
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To: Boston Blackie

who in their right mind doesn't like the smell of garlic when it's first dropped into heated olive oil?


22 posted on 06/16/2005 5:59:56 AM PDT by dmz
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To: 1stFreedom
... and if your actions go beyond your walls, then you are subject to eviction, etc.

Is it OK if your neighbors have pictures of cigarette smoke on their walls? You remind me of the neurotic who held up a whole city's transportation system because all the buses did not have wheelchair access.

Thanks for defining the law for the rest of us all by yourself. What say you about the nut at an an outdoor concert who had a canniption fit because someone 200 feet downwind of her lit a cigarette? Should the offender also have been "evicted"?

Neurotics are not the center of the universe, you know.

23 posted on 06/16/2005 6:00:09 AM PDT by Publius6961 (The most abundant things in the universe are ignorance, stupidity and hydrogen)
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To: Boston Blackie
More proof either smokers have no clue how offensive cig smoke is or smokers are supremely selfish.
24 posted on 06/16/2005 6:00:45 AM PDT by Raycpa
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To: Boston Blackie

This has nothing to do with this thread, but I'm adding it anyway. Today is four months tobacco free for me. I quit cold turkey on 2/16 from smoking 2+ pax a day. I just realized it has been 1/3 of a year.


25 posted on 06/16/2005 6:00:53 AM PDT by TnGOP (Petey the dog is my foriegn policy advisor. He's really quite good!)
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To: Boston Blackie
tobacco law specialists said the decision is one of the "nation's first to declare smoking a nuisance serious enough to become grounds for eviction.

''It is very important, because it is a sign that people are more aware of how dangerous second-hand smoke is," said Professor Richard Daynard, chairman of Northeastern University's Tobacco Products Liability Project, which tracks second-hand smoke litigation nationally."

how dangerous second-hand smoke is?"

Bullsh_t. This not about "dangerous second-hand smoke."

This is a "property rights" issue and victory.

I am a landlord and I decide what can and cannot be done on my property.

If, as a renter you do not like my decision, see you later.

26 posted on 06/16/2005 6:02:09 AM PDT by tahiti
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To: Publius6961
Neurotics are not the center of the universe, you know.



27 posted on 06/16/2005 6:02:13 AM PDT by SheLion (Trying to make a life in the BLUE state of Maine!)
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To: 1stFreedom

>>I have asthma, and it's certainly makes me ill.

God has it in for you, then. Face it. Don't be afraid.


28 posted on 06/16/2005 6:03:27 AM PDT by Glenn (pardon the e.e.cummings look. a busted arm makes typing seem like work.)
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To: snarks_when_bored
Suppose that cigarette smoke smelled like hydrogen sulfide (rotten eggs); would defenders of indoor smoking be as likely to defend it then? Probably not. To some of us, the smell of cigarette smoke, even at a distance, is almost as offensive as the smell of rotten eggs.

Silly arguments, specially "suppose" ones, are a riot.
Suppose your gross overweight body produces an intolerable smell offending others for a radius of 100 yards. Can the rest of us have you evicted?
Suppose you start dating a martian who smells like Jabba the Hutt?

Suppose...

29 posted on 06/16/2005 6:04:56 AM PDT by Publius6961 (The most abundant things in the universe are ignorance, stupidity and hydrogen)
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To: tahiti
If, as a renter you do not like my decision, see you later.

Exactly! That's why I own my own home. I'm da Boss!!!

30 posted on 06/16/2005 6:05:26 AM PDT by SheLion (Trying to make a life in the BLUE state of Maine!)
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To: TnGOP

congrats man. from what i understand the first weeks the worst.


31 posted on 06/16/2005 6:05:30 AM PDT by tomakaze (Cuius testiculos habes, habeas cardia et cerebellum.)
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To: HEY4QDEMS
The difference is that garlic is arguably good for you and smoke is not.

Cigarette stench nor garlic odor stop at the confines of an individuals apartment wall. Some people find garlic as offensive as cigarettes. Does that justify banning garlic?

32 posted on 06/16/2005 6:05:30 AM PDT by Boston Blackie
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To: Boston Blackie
The neighbor wanted 'ethnic' cooking banned in the entire complex.

So, what happened?

33 posted on 06/16/2005 6:05:41 AM PDT by tnlibertarian ("In my opinion, they have no rights, except a safe return to their homeland. - "Robert Vazquez")
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To: Boston Blackie
''It is very important, because it is a sign that people are more aware of how dangerous second-hand smoke is," said Professor Richard Daynard, chairman of Northeastern University's Tobacco Products Liability Project, which tracks second-hand smoke litigation nationally."

Such a crock. Like these guys really CARE about our health and the health of others. If that were the case, they would be going after the Drug companies who continue, each day, to pump man-made substances into innocent victims, who believe what their doctor has told them.

Why not go after the real problem? Lies presented to the public?

AND - if smoking was allowed in the building - why was that not pushed in this case? Apparently the amount of smoking was not stated in the lease, just permitted.

The way Jury's seem to think these days baffles the mind in some cases. 'Just the facts, please ma'am.' Leave out the propaganda, and we may get somewhere with justice.

Who am I kidding. JK

34 posted on 06/16/2005 6:06:56 AM PDT by Just Kimberly (Always proud, Always American, Always Trust in God...HOOAH!!( and Terri - we will never forget.))
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To: tahiti
I am a landlord and I decide what can and cannot be done on my property.

I agree..........and that should extend to all business people.

35 posted on 06/16/2005 6:08:19 AM PDT by Gabz (My give-a-damn is busted.)
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To: 1stFreedom

It climbs over walls and under doors. Comes in through windows and sneaks through holes. We share the air with a virtual potpourri of car exhaust, middle eastern immigrant body stank, obnoxious colognes, perfumes, deodorants, hairspray, footspray, butt powder, septic foulness, sewer gas, cooking odors (there's a certain Garlicy restaurant in New Jersey that comes to mind), cow flatulence, and cigarette smoke. We can't legislate against all of these, but it's fine with you to single out one of them. What should I do if I was your neighbor and became ill whenver you had your buddies from the Mosque over for some barbecued goat? </rant>


36 posted on 06/16/2005 6:09:46 AM PDT by WideGlide (That light at the end of the tunnel might be a muzzle flash.)
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To: dmz
who in their right mind doesn't like the smell of garlic when it's first dropped into heated olive oil?

There is no such thing as too much garlic, IMHO.

37 posted on 06/16/2005 6:10:11 AM PDT by Boston Blackie
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To: Raycpa
More proof either smokers have no clue how offensive cig smoke is or smokers are supremely selfish.

Why do you friendless controlling types always miss the obvious third alternative:

More proof that a much larger percentage of the American population is subject to delusions of grandeur and afflicted by serious neuroses?

Numerous, impartial studies have proven beyond a shadow of a doubt that simply the smell of cigarette smoke is harmless to normal, physically and mentally healthy human beings.

38 posted on 06/16/2005 6:10:11 AM PDT by Publius6961 (The most abundant things in the universe are ignorance, stupidity and hydrogen)
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To: Boston Blackie

As a reformed smoker, I say this is going too far. If the lease permits smoking in your apartment, then I think there are other issues we don't know about.

While I do not find the smell of garlic offensive, (fried foods, especially in the heat can make me vomit) would never in a million years try to prevent someone from engaging in "ethnic" cooking. That's as stupid as trying to force everybody to be vegetarians!


39 posted on 06/16/2005 6:11:44 AM PDT by tob2 (Old Fossil and Proud of It!)
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To: Boston Blackie

LOL Your kidding!

No hope for the catfish fry neighbors.: )


40 posted on 06/16/2005 6:13:07 AM PDT by oceanperch (Strategerist)
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To: tahiti
I am a landlord and I decide what can and cannot be done on my property.

If, as a renter you do not like my decision, see you later.


I agree, from a big picture perspective, the property owner should have the ultimate say.

Anyone who tries to make this a smokers rights issue is off the mark.

However I do think that a no smoking clause should be indicated on the front end of the agreement.
41 posted on 06/16/2005 6:13:20 AM PDT by HEY4QDEMS (Who owns this car with the peace sign, the mag wheels, and four on the floor?)
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To: SheLion
LOL!

Love that cartoon!

42 posted on 06/16/2005 6:14:09 AM PDT by Publius6961 (The most abundant things in the universe are ignorance, stupidity and hydrogen)
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To: HEY4QDEMS

Garlic is extremely healthy for the body. Even wards off vampires!


43 posted on 06/16/2005 6:14:23 AM PDT by tob2 (Old Fossil and Proud of It!)
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To: Boston Blackie
after neighbors complained of the smoke odors filtering into their apartments.

This sounds like the landlord's fault. If smoke odors can filter into apartments, so can lots of other things.

This couple obviously should appeal.

44 posted on 06/16/2005 6:15:02 AM PDT by MEGoody (Ye shall know the truth, and the truth shall make you free.)
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To: Publius6961
Love that cartoon!

Ta Ta! LOL!


45 posted on 06/16/2005 6:15:22 AM PDT by SheLion (Trying to make a life in the BLUE state of Maine!)
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To: snarks_when_bored

Cigarette smoke can be difficult for people with respiratory problems to deal with. Even when it's outdoors.


46 posted on 06/16/2005 6:16:15 AM PDT by tob2 (Old Fossil and Proud of It!)
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To: 1stFreedom
Now you tell me, since I don't choose to smoke, what the solution is?

Sounds like your landlord has some work to do on the apartments.

47 posted on 06/16/2005 6:16:19 AM PDT by MEGoody (Ye shall know the truth, and the truth shall make you free.)
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To: HEY4QDEMS
Anyone who tries to make this a smokers rights issue is off the mark.

How about a contractual issue? The lease allows smoking - the landlord is kicking them out for doing something the lease says they can do. It's a violation of a contract.

48 posted on 06/16/2005 6:17:35 AM PDT by MEGoody (Ye shall know the truth, and the truth shall make you free.)
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To: TnGOP
Today is four months tobacco free for me. I quit cold turkey on 2/16 from smoking 2+ pax a day. I just realized it has been 1/3 of a year.

Congratulations and continued success. I stopped a 3 pax a day habit 10 years ago...it took a couple of dozen attempts.

49 posted on 06/16/2005 6:18:03 AM PDT by Boston Blackie
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To: 1stFreedom

I also live in an apartment building. The woman who lives above me never leaves her apartment and chain smokes all day. The tenant above her who was asthmatic had to move out because it was coming into her apartment - which stank of cigarette smoke. And in hot weather, her smoke permeates the entire building. I'm gonna show this article to my landlord.


50 posted on 06/16/2005 6:18:07 AM PDT by somerville
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