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Temporary injunction bars man from lighting up inside his Washington home after neigh

MrLiberty

MrLiberty

Bronze Member
WASHINGTON – A temporary order by a Superior Court judge is keeping a man from smoking inside his home in the District of Columbia.
WJLA-TV (http://bit.ly/1BrlPLl ) reports that Edwin Gray's next door neighbors in northeast Washington have filed a civil suit claiming they're being harmed by smoke that sneaks into their home through a hole in the basement. They are seeking an injunction and $500,000 in damages.
A judge issued a temporary injunction last week saying neither Gray nor any family or guests may smoke in the home the family has owned for 50 years. Gray's sister, Mozella Johnson, says they will fight.
In court filings and a statement, the neighbors say they tried to work with Johnson and Gray, and filed suit when mediation attempts failed.
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http://www.foxnews.com/us/2015/03/1...lighting-up-inside-his-washington-home-after/


This is getting out of hand. When a court can tell you what to do within the confines of your own home, I know this is no longer the country I was born into.


Across this country people are being denied the right to smoke in their condo's, bars, apartments, and just about everywhere else. When are the sheeple in this fucking country going to say enough is enough?



When I moved in this apartment complex 6 years ago we were allowed to smoke in our units, but last year management decided to go smoke free and said you were not allowed anymore and they forced the people who do smoke to go outside.



Now, I don't smoke cigarettes anymore, haven't in over 20 years, but I do have friends that still smoke and I do enjoy an occasional Cohiba when I have a Jack Daniels or scotch on the rocks. I refuse to go outside and will smoke in the apartment with the window open. So far no one has said anything, butI know the day is coming when management will be knocking on my door telling me to stop or move.



:soapbox::soapbox::soapbox::soapbox::soapbox:
 
Who has the hole in the basement? The way I read the story it is the neighbor who has the hole, he should plug it.

I can't help but wonder if the story would be different if the guy was a pot smoker!?!
 
In my case I have asthma and smoke really gets it going. If someone has severe asthma it can be life threating. The rational thing to do is to talk to the guy and get that hole plugged. However if he refused I'd go to court. It's a health issue. Second hand smoke is very bad.
 
Leni said:
... I'd go to court. It's a health issue. Second hand smoke is very bad.
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then feel free to move

I would light up a BIG STIKIN cigar and just let it smolder in an ash tray,.... and have video proof for the judge that I never actually smoked it.:w00t2::w00t2:

BTW, I don't even smoke, but,..................:fart1:
 
Why should I have to move especially if I was there first? Just plug the damn hole! You've hit my button on this one. :soapbox:

I once had to leave an important management meeting because someone was wearing a purfume that had me choking. Thank God the lady realized which one she was and washed it off.
 
road squawker said:
then feel free to move

I would light up a BIG STIKIN cigar and just let it smolder in an ash tray,.... and have video proof for the judge that I never actually smoked it.:w00t2::w00t2:

BTW, I don't even smoke, but,..................:fart1:
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I believe in the principle that your right to swing your arm ends at the tip of my nose.

I have the right to clean air and you have the right to smoke. The problen occurs when we cross paths. Your right to smoke or having a smoldering cigar ends when it will kill me.
 
Leni said:
In my case I have asthma and smoke really gets it going. If someone has severe asthma it can be life threating. The rational thing to do is to talk to the guy and get that hole plugged. However if he refused I'd go to court. It's a health issue. Second hand smoke is very bad.
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I understand how you feel, but the hole in the basement wall is not from the offending smokers home, it is in the home of the non smoker, so I would think they should plug the hole and all would be resolved.
 
MrLiberty said:
I understand how you feel, but the hole in the basement wall is not from the offending smokers home, it is in the home of the non smoker, so I would think they should plug the hole and all would be resolved.
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Who in hell wants a hole in their basement wall anyway? Plug the damn thing. To hell with cigarette smoke, who wants animals or whatever getting into their basement causing havoc. Stupid, lazy people, that's who.
 
Leni said:
Why should I have to move especially if I was there first? Just plug the damn hole! You've hit my button on this one. :soapbox:

I once had to leave an important management meeting because someone was wearing a purfume that had me choking. Thank God the lady realized which one she was and washed it off.
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According to the article, the complainer moved into the home a year ago. The complainee, the smoker, had lived in the home for 50 years.

This appears to be a "there's more to the story" story.
 
The more that I think about this the more that I think that you are correct Jimbo.

How does the smoke get from one basement into the other? It would have to be a common wall. How big is that hole? It would have to be fairly large for enough smoke to get into the other basement.

Then there is the fact that you are dealing with fairly large areas. The odor would be diluted by all of that airspace. If the guy does most of his smoking upstairs, how does enough of it get downstairs to create a problem? He'd almost have to be standing there blowing the smoke into the hole.

How does the smoke get upstairs into the neighbors home? Or is he spending a lot of time in the basement?

Lots of unanswered questions here. Sounds like a petty neighbors fight.
 
Leni said:
The more that I think about this the more that I think that you are correct Jimbo.

How does the smoke get from one basement into the other? It would have to be a common wall. How big is that hole? It would have to be fairly large for enough smoke to get into the other basement.

Then there is the fact that you are dealing with fairly large areas. The odor would be diluted by all of that airspace. If the guy does most of his smoking upstairs, how does enough of it get downstairs to create a problem? He'd almost have to be standing there blowing the smoke into the hole.

How does the smoke get upstairs into the neighbors home? Or is he spending a lot of time in the basement?

Lots of unanswered questions here. Sounds like a petty neighbors fight.
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After reading more on other sites, here is what I think:

The story is not about smoking at all, but rather about a common wall which is in need of repair. Some of the articles indicate a fireplace pulling away from the wall, miscellaneous cracks, overall deterioration. There is some suggestion that the wall no longer meets code.

The problem: With a common wall, each party owns to the center of the wall, and if the wall needs repair, both parties must agree, and in general and in the absence of any other agreement, each party is responsible for part of the cost, usually half. Legally, you cannot even repair the wall on your own without both parties agreeing.

With most common ownership situations, a lender will require some sort of maintenance agreement. (common drives, shared roads, subdivision entries, etc). In older properties, often no such agreement has ever existed, and in the case of common walls, lenders do not usually require an agreement. Disagreements occur. Courts exist to settle agreements.

As I said, that is my opinion as the most likely situation. I can see the judge getting pissed off, and unable to an agreeable solution, finding based on the health issue rather than the property issue. If I remember the article correctly, the judge did not ban smoking. Just demanded no smoking until the wall get fixed.
 
I read about this on another site. Typical Fox outrage piece. Gonna be fun to read the thread and see how outraged ya'all got. :unsure:
MrLiberty said:
http://www.foxnews.com/us/2015/03/1...lighting-up-inside-his-washington-home-after/


This is getting out of hand. When a court can tell you what to do within the confines of your own home, I know this is no longer the country I was born into.


Across this country people are being denied the right to smoke in their condo's, bars, apartments, and just about everywhere else. When are the sheeple in this fucking country going to say enough is enough?



When I moved in this apartment complex 6 years ago we were allowed to smoke in our units, but last year management decided to go smoke free and said you were not allowed anymore and they forced the people who do smoke to go outside.



Now, I don't smoke cigarettes anymore, haven't in over 20 years, but I do have friends that still smoke and I do enjoy an occasional Cohiba when I have a Jack Daniels or scotch on the rocks. I refuse to go outside and will smoke in the apartment with the window open. So far no one has said anything, butI know the day is coming when management will be knocking on my door telling me to stop or move.



:soapbox::soapbox::soapbox::soapbox::soapbox:
Click to expand...
 
When are the sheeple...:yum:Come on man, the RWNM does this all the time. Fortuantely this time someone on here seen it somewhere else or we would still be raging.
MrLiberty said:
http://www.foxnews.com/us/2015/03/1...lighting-up-inside-his-washington-home-after/


This is getting out of hand. When a court can tell you what to do within the confines of your own home, I know this is no longer the country I was born into.


Across this country people are being denied the right to smoke in their condo's, bars, apartments, and just about everywhere else. When are the sheeple in this fucking country going to say enough is enough?



When I moved in this apartment complex 6 years ago we were allowed to smoke in our units, but last year management decided to go smoke free and said you were not allowed anymore and they forced the people who do smoke to go outside.



Now, I don't smoke cigarettes anymore, haven't in over 20 years, but I do have friends that still smoke and I do enjoy an occasional Cohiba when I have a Jack Daniels or scotch on the rocks. I refuse to go outside and will smoke in the apartment with the window open. So far no one has said anything, butI know the day is coming when management will be knocking on my door telling me to stop or move.



:soapbox::soapbox::soapbox::soapbox::soapbox:
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TiredRetired said:
Yeah, us right wing hicks over here just got so fuckin outraged we just can't stand ourselves. Get over yourself.
Click to expand...
 
Lemme guess.

1 you're bored.
2 the server over there must be down
3 your feeble attempt at humor

Which one?

Bye!
 
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pirate_girl said:
Us??
Hope you're not speaking for the entire forum membership here at FF.
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Course he's not PG ....but some lump us all together so he's replying that way. Nothing to see here ....
 
TiredRetired said:
Lemme guess.

1 you're bored.
2 the server over there must be down
3 your feeble attempt at humor

Which one?

Bye!
Click to expand...

This is what yanked my chain earlier.

TR tells Mak he's bored.
Maybe.

Then he says "the server over there must be down"
Over there? where? that other place?:yum:
Why yes, in fact, it is...... if in fact it's the other place I am thinking of.
<groan>

Meanwhile, I'll be here until the other place is up and running, and I'll continue to be here as I choose.

Make sense?
Is everybody happy????????

:w00t2::yum:
 
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