Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100 ... 261-269 next last
To: Boston Blackie
I've only lived in buildings where smoking was prohibited. No rule against burning nauseating incense 24-hours a day, though. Hypocrites.
61 posted on 06/16/2005 6:22:55 AM PDT by Ghost of Philip Marlowe (Liberals are blind. They are the dupes of Leftists who know exactly what they're doing.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 1stFreedom

Did you know this situation moving in?


62 posted on 06/16/2005 6:23:44 AM PDT by Ghost of Philip Marlowe (Liberals are blind. They are the dupes of Leftists who know exactly what they're doing.)
[ Post Reply | Private Reply | To 5 | View Replies]

Comment #63 Removed by Moderator

To: Boston Blackie

What's next? getting evicted for being fat, ugly, the car you drive, race, sex, age, religion, job, political affiliation, etc. etc. etc.


64 posted on 06/16/2005 6:25:34 AM PDT by TheForceOfOne (My tagline is currently being blocked by Congressional filibuster for being to harsh.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: tob2

Not all of us are lucky enough to be homeowners. Apartment living can be a huge pain in the rear. Apartment living means compromising and being considerate of those around you. Sadly, this fact escapes about 99% of renters.

Oh believe me.  I'm well aware of how it is living in apartment dwellings.  My hubby was military and we always lived in Base Housing every where we lived.  (24 years before we bought this house).  So I am well aware of how that can be.  Kids, barking dogs, high heels on a bare floor above you, loud music.................it's barely tolerable.

But thank God, we lived in those places before people became so touchy about everything.  Now I can relax and just read about it.


65 posted on 06/16/2005 6:25:36 AM PDT by SheLion (Trying to make a life in the BLUE state of Maine!)
[ Post Reply | Private Reply | To 58 | View Replies]

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.

Wrong. Bullshiite. NOPE!

If you want to have everything regulated, then move to China. Or, just stay around Amerika a little longer. Tenants have the right to rent a space. Somebody else owns it, and is only obligated to make sure your water runs, the toilets drain, and the heat stays on.

I was driving down the road the last year, and I encountered the smell of cow manure, for more than a mile. I love the smell. It reminds me of the country. It's bullshiite!

If you are suffering, move. Don't make someone else suffer, too. It isn't his fault he can't afford to buy a house, too. He has the right to smoke , IN WRITING. It is not a 'benefit', not a 'blessing', it's a right, BY CONTRACT. I walk outside, often, in the evening, when I am smoking a cigar. We have an enclosed front porch in our 105 yr old farm house, so my wife doesn't have to put up with the smell (read that- bitch at me). I don't want to offend her, by smoking in the rest of the house, but she would never, really, say a thing.

We own it. I am her husband. I have the right to sit in front of the bigscreen, granted by her. Instead, we have some 105 yr old teared windows that I look through, from the porch, and remote 900mhz speakers to bring me the sound.

We own other places, and I make the same considerations.

Some people don't have that choice. But, they do have the RIGHT to smoke. It's their body. Even the second-hand smoke nazis are finding no evidence to support them...

Sorry, if I disagree. People need to learn more about rights, and in this case contract law...

66 posted on 06/16/2005 6:25:50 AM PDT by pageonetoo (You'll spot their posts soon enough!)
[ Post Reply | Private Reply | To 5 | View Replies]

To: cracker

I pity the Indian couple that moves in next to you and uses curry in their cooking.


67 posted on 06/16/2005 6:26:04 AM PDT by Ghost of Philip Marlowe (Liberals are blind. They are the dupes of Leftists who know exactly what they're doing.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: MEGoody
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

As I stated, the best thing to do is indicate a no smoking clause when the lease is drawn up.

Secondly, the lease does not "say they can" smoke, if that were the case the tenants would have won. They lost because of the health hazard and nuisance restrictions contained in the agreement.
68 posted on 06/16/2005 6:31:01 AM PDT by HEY4QDEMS (Who owns this car with the peace sign, the mag wheels, and four on the floor?)
[ Post Reply | Private Reply | To 48 | View Replies]

To: SheLion

I believe that is what pirates are for if IRC the sizing chart.

Last time I looked at a cigarette they did not have a feminine decorative look.

Do they come in styles that match shoes and lipstick nowadays?

BTW I was reflecting more on the "male" smoker as I don't really notice the females.



69 posted on 06/16/2005 6:32:05 AM PDT by oceanperch (Strategerist)
[ Post Reply | Private Reply | To 60 | View Replies]

To: oceanperch
Do they come in styles that match shoes and lipstick nowadays?

Well, since I roll my own, I went to Ebay and bought the wonderful cigarette cases.  They come in all colors to match all my outfits.  And I love it. :)

BTW I was reflecting more on the "male" smoker as I don't really notice the females.

Oh that's good. :)

70 posted on 06/16/2005 6:34:06 AM PDT by SheLion (Trying to make a life in the BLUE state of Maine!)
[ Post Reply | Private Reply | To 69 | View Replies]

To: Boston Blackie
"South Boston couple could be evicted from their rented water-view loft for heavy smoking"

I would imagine that this also includes dope smoking. After all, it releases the same toxins as tobacco does, -minus the niccotine, and plus THC, which as 1stFreedom says, I shouldn't have to tolerate.

71 posted on 06/16/2005 6:35:44 AM PDT by Nathan Zachary
[ Post Reply | Private Reply | To 1 | View Replies]

To: Boston Blackie
Does that justify banning garlic?
Only if the tenant sits and cooks it everyday....all day long.
72 posted on 06/16/2005 6:36:06 AM PDT by lewislynn ( Is calling for energy independence a "protectionist" act?)
[ Post Reply | Private Reply | To 32 | View Replies]

To: lewislynn

One of the great advantages of cooking with garlic is that the wonderful aroma is around for a couple of days.


73 posted on 06/16/2005 6:40:46 AM PDT by Boston Blackie
[ Post Reply | Private Reply | To 72 | View Replies]

To: Boston Blackie
"The neighbor wanted 'ethnic' cooking banned in the entire complex."

Well, I can see that in some places where the ventilation is bad. Have you ever walked into a place that reaks so bad with the smell of curry that it makes you want to barf? Some people come to this country with some pretty nasty smelling recipes! It's got to be annoying if you really can't stand something, but your stuck smelling it day after day because you can't get out of a lease.

74 posted on 06/16/2005 6:42:56 AM PDT by Nathan Zachary
[ Post Reply | Private Reply | To 12 | View Replies]

To: Publius6961
It is undebatable that nonsmokers strongly dislike cigarette smoke, and its further undebatable that either smokers have no clue of their effect on smokers or they simply arrogant and uncaring. Either way, until they buy a clue and become more sensitive to nonsmokers they will continue to see their world get smaller and smaller.
75 posted on 06/16/2005 6:54:44 AM PDT by Raycpa
[ Post Reply | Private Reply | To 38 | View Replies]

To: 1stFreedom; cracker
OK, I agree. You are correct. This is the ruling the smoking nazis have been praying for. With this, they can now violate the rights of people in their own home. And State-wide.
76 posted on 06/16/2005 6:54:54 AM PDT by theDentist (The Dems have put all their eggs in one basket-case: Howard "Belltower" Dean.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Nathan Zachary
Some people come to this country with some pretty nasty smelling recipes!

Like the North End (Boston) where the aroma of Italian cooking escapes from all the Italian restaurants or the aroma of corned beef and cabbage in South Boston on Saint Patrick's Day....heavenly.

77 posted on 06/16/2005 6:56:17 AM PDT by Boston Blackie
[ Post Reply | Private Reply | To 74 | View Replies]

To: Dallas59
Not quite.

From the article:

In another Massachusetts case several years ago, a superior court judge found that a tenant could not be evicted for smoking three to six cigarettes per day...

Notice that these folks are joining the exodus from MA, the only state to lose population from the 1990 census to the 2000 census. Between excessive nannyism and gay control, I wonder why.

78 posted on 06/16/2005 6:58:13 AM PDT by metesky (President; The People's Committee Against People's Committees)
[ Post Reply | Private Reply | To 4 | View Replies]

To: tahiti

What about car exaust, diesel fumes from busses as I walk down the street, smoke stack emissions, etc etc. Where does it end?

If people have the right NOT to smell cigarette smoke, then certainly I have the right not to inhale car exaust and industrail pollution which IS dangerous to my health.

maybe we should all go back to horse and buggy's, although I'm sure someone can't stand the smell of horses or is allergic to them...
The insanity has to end somewhere. Better yet, don't let the insanity start. If you don't like to be around cigarette smoke, GET UP AND MOVE TO ANOTHER SPOT. Find a smoke free restaurant, bar etc etc.


79 posted on 06/16/2005 6:58:33 AM PDT by Nathan Zachary
[ Post Reply | Private Reply | To 26 | View Replies]

To: HEY4QDEMS
Secondly, the lease does not "say they can" smoke

From the article:

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.

80 posted on 06/16/2005 7:04:47 AM PDT by MEGoody (Ye shall know the truth, and the truth shall make you free.)
[ Post Reply | Private Reply | To 68 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100 ... 261-269 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson