Skip to comments.Woman Affirmed Right to Smoke in Own Garden
Posted on 08/08/2009 2:20:50 PM PDT by nickcarraway
A feud in Åkarp in southern Sweden between a cigarette-puffing woman and her smoke-sensitive neighbour has finally been put to rest by Swedish courts.
On Friday, the Environmental High Court made a final ruling that the woman may light up as much as she wants to in her own garden.
In its decision, the court said that the neighbour had been been unable to prove that the woman's smoke poses such a significant threat to human health that the environmental code would prescribe prohibiting the woman to smoke in the garden.
The conflict between the neighbours has been an ongoing legal saga since 2006. The smoke-sensitive neighbour, a lawyer, was so disturbed by the smoking that he wore a breathing mask whenever he was in his garden at the same time the woman was smoking.
In 2007, the Environmental Court in Växjö initially banned the woman from smoking in her own garden, ruling that she was banned from smoking within a nine metre radius of her neightbour's house.
The 49-year-old woman then appealed the decision to the Environmental High Court, which in turn found no reasonable grounds for an interim ban before a final decision was reached.
WOOT! Victory for the good guys!
Non smokers in American shed another tear
We are definitely moving into “1984”, “Brave new World” and “Animal Farm” territory.
I have COPD, asthma since childhood and I will defend someone’s right to use their property as they wish.
I am so sick to death of everyone running around demanding every concession from everyone because of their particular “need.”
It is simply the tyranny of the minority and sometimes, a tyranny of one person!
It seems the USA isn't the only place in the world that is infested by slime ball lawyers.
But what about the flowers, ants, and bees in that garden? Don’t they have any rights to a smoke-free environment?
Take a Swede to lunch.
“......This is no victory. God gave her that right, and now she allowing a bureaucrat to play God....”
Couldn’t agree with you more. The sole fact that such madness would ever have its day in court shows how far societies have plunged... (another kind of Talibanism).
Nosy neighbors are most of the problems around the world it seems.....what ever happened to mind your own business?
I’m assuming there was no judicial restriction on the right of the neighbor to operate a large fan to blow the smoke back to the offender’s yard.
So how does he feel about barbeque grills?
Or have they already been banned there?