Balcony, patio, or deck smoking in apartments, condos, and other close dwellings should be banned

July 14, 2009

Obviously, cigarettes’ toxic chemicals far exceed the “Threshold Limit Values.” Wherefore TTS-caused injuries and deaths are common, foreseeable, “natural and probable consequences.” TTS exposure causes Increased Risk of Death. There is a common law right to “fresh and pure air,” a duty to not endanger people, and, when one does cause harm, to aid the victim. “Fresh and Pure Air” is already the law. ~ Smoking at Condominiums/Apartments – What the Law Really Says

This is one of many such cases working their way through the legal system. I offer this as an answer to those who say a person has the right to poison the air of another person because the smoke is being produced in their “own home”. The right to breathe in one’s own home trumps the right to produce noxious gasses – which I contend isn’t a right at all. There are laws against activities that are a public nuisance or health hazard, even if done in one’s “own home”. There are many things one cannot do in one’s own home.

The smoke from balconies goes directly into the homes of others, forcing them to breathe in toxic fumes. The smokers control when they smoke – often every 15 minutes. They selfishly go onto the balcony to avoid contaminating their own homes, but smoking on the balcony, patio, or deck in close dwelling situations like apartments, condos, row houses, and townhouses contaminates the homes of others. In seconds, the neighbor’s home is filled with carcinogens. Secondhand smoke is a proven killer. Since their rights have been violated, the only choice the neighbor has is to keep their unit sealed tight from fresh air, which creates a hardship and still does not entirely block the smoke from entering their home. And it goes without saying, they can’t use their own balcony, patio, or deck because of their neighbor’s hazardous actions.

And even if the smoker smokes indoors, this too does not block the smoke from entering the neighbors’ homes. Smoking indoors often causes deadly second-hand smoke to enter the homes of neighbors – here are all the places smoke can seep in from adjacent units. So the surrounding neighbors are forced to assume the certain devastating effects to their own health on the basis of their neighbor’s endangering actions.

From ASH:

Courts are now applying the same principles to secondhand tobacco smoke which they have long since applied to other dangerous — or even irritating — chemicals. We would not tolerate a situation where asbestos or benzene drifted into someone’s apartment, and we are now beginning to apply the same rule to tobacco smoke, which is likewise a known human carcinogen.”

A judge has awarded monetary damages to a nonsmoker against a neighbor who smoked in her own condominium. This is just the latest in a growing number of cases where smokers have been penalized for — or prohibited from — smoking in their own dwellings, says law professor John Banzhaf, whose organization assisted the plaintiff.

The Florida judge awarded damages based upon claims that smoke infiltrating from the neighbor?s condo unit caused her and her family medical problems, and sometimes even forced them to sleep elsewhere. The nonsmoker represented herself, with assistance from a national antismoking organization.

Plaintiff argued that when smoke drifted from her neighbor’s apartment into hers, it constituted trespass, nuisance, and breach of covenant, and the judge agreed on all three counts. In his final judgment order, Judge Robert Lee said “the facts of the instant case demonstrate an interference with property on numerous occasions that goes beyond mere inconvenience or customary conduct.” He awarded plaintiff $1,000, although future health damages are likely to be far greater.

Plaintiff’s smoke problem began when her neighbor, a smoker, brought in a tenant who also smoked. Tobacco smoke began to infiltrate her condo, as well as the condos of other neighbors. Efforts to block the smoke physically or through filtration failed. Several times, she and her family, who suffer from respiratory allergies, were forced to sleep elsewhere, and on one occasion the secondhand smoke actually triggered the smoke detector.

“This is an important precedent,”said Chris Bostic, General Counsel of ASH, who worked with the plaintiff in preparing the case. “Hopefully this will spur a wider judicial recognition that tobacco smoke is not merely a nuisance, but a deadly soup of chemicals. ASH is the nation?s oldest anti-smoking and nonsmokers’ rights organization.”

Actually, notes Banzhaf, this victory is only the latest in a series of cases where nonsmokers were able to successfully sue smokers when smoke from their rental apartment or condo drifted or recirculated into a nonsmoker’s apartment. ASH maintains a listing of such cases, and provides assistance to nonsmokers wishing to bring legal action.

Indeed, in other related situations, courts in more than a dozen states have ruled that smoking around a child — even in one’s own home — can be grounds for the loss of custody. Moreover, in hundreds of cases judges have issued orders prohibiting such smoking — which is increasingly being considered a form of “child abuse,” “child neglect,” or “reckless endangerment.” In addition, three states have banned smoking in the home where a foster child is present, and several more are considering it.

“This is clear evidence,” says Banzhaf, “that a man’s home is no longer his castle when it comes to smoking. Courts are now applying the same principles to secondhand tobacco smoke which they have long since applied to other dangerous — or even irritating — chemicals. We would not tolerate a situation where asbestos or benzene drifted into someone’s apartment, and we are now beginning to apply the same rule to tobacco smoke, which is likewise a known human carcinogen.

Breathing clean air is not an option, it’s a necessity. No one has the right to endanger the health of another in their own home on an ongoing basis.

You want to smoke? Then make sure it stays your problem instead of becoming everyone else’s.

More Reading:
Smoking in Apartments and Condos is Illegal
Smoke Free Environments Law Project
Tobacco.org
Tobacco Control
Smoke Free Apartments
Cancer.org: Secondhand Smoke
ASH


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July 14, 2009 Balcony, patio, or deck smoking in apartments, condos, and other close dwellings should be banned Obviously, cigarettes’ toxic chemicals far exceed the “Threshold Limit Values.” Wherefore TTS-caused injuries and deaths are common, foreseeable, “natural and probable consequences.” TTS exposure causes Increased Risk of Death. There is a common law right to “fresh and pure air,” a duty to not endanger people, and, when one does cause harm, to aid the victim. “Fresh and Pure Air” is already the law. ~ Smoking at Condominiums/Apartments – What the Law Really Says This is one of many such cases working their way through the legal system. I offer this as an answer to those who say a person has the right to poison the air of another person because the smoke is being produced in their “own home”. The right to breathe in one’s own home trumps the right to produce noxious gasses – which I contend isn’t a right at all. There are laws against activities that are a public nuisance or health hazard, even if done in one’s “own home”. There are many things one cannot do in one’s own home. The smoke from balconies goes directly into the homes of others, forcing them to breathe in toxic fumes. The smokers control when they smoke – often every 15 minutes. They selfishly go onto the balcony to avoid contaminating their own homes, but smoking on the balcony, patio, or deck in close dwelling situations like apartments, condos, row houses, and townhouses contaminates the homes of others. In seconds, the neighbor’s home is filled with carcinogens. Secondhand smoke is a proven killer. Since their rights have been violated, the only choice the neighbor has is to keep their unit sealed tight from fresh air, which creates a hardship and still does not entirely block the smoke from entering their home. And it goes without saying, they can’t use their own balcony, patio, or deck because of their neighbor’s hazardous actions. And even if the smoker smokes indoors, this too does not block the smoke from entering the neighbors’ homes. Smoking indoors often causes deadly second-hand smoke to enter the homes of neighbors – here are all the places smoke can seep in from adjacent units. So the surrounding neighbors are forced to assume the certain devastating effects to their own health on the basis of their neighbor’s endangering actions. From ASH: Courts are now applying the same principles to secondhand tobacco smoke which they have long since applied to other dangerous — or even irritating — chemicals. We would not tolerate a situation where asbestos or benzene drifted into someone’s apartment, and we are now beginning to apply the same rule to tobacco smoke, which is likewise a known human carcinogen.” A judge has awarded monetary damages to a nonsmoker against a neighbor who smoked in her own condominium. This is just the latest in a growing number of cases where smokers have been penalized for — or prohibited from — smoking in their own dwellings, says law professor John Banzhaf, whose organization assisted the plaintiff. The Florida judge awarded damages based upon claims that smoke infiltrating from the neighbor?s condo unit caused her and her family medical problems, and sometimes even forced them to sleep elsewhere. The nonsmoker represented herself, with assistance from a national antismoking organization. Plaintiff argued that when smoke drifted from her neighbor’s apartment into hers, it constituted trespass, nuisance, and breach of covenant, and the judge agreed on all three counts. In his final judgment order, Judge Robert Lee said “the facts of the instant case demonstrate an interference with property on numerous occasions that goes beyond mere inconvenience or customary conduct.” He awarded plaintiff $1,000, although future health damages are likely to be far greater. Plaintiff’s smoke problem began when her neighbor, a smoker, brought in a tenant who also smoked. Tobacco smoke began to infiltrate her condo, as well as the condos of other neighbors. Efforts to block the smoke physically or through filtration failed. Several times, she and her family, who suffer from respiratory allergies, were forced to sleep elsewhere, and on one occasion the secondhand smoke actually triggered the smoke detector. “This is an important precedent,”said Chris Bostic, General Counsel of ASH, who worked with the plaintiff in preparing the case. “Hopefully this will spur a wider judicial recognition that tobacco smoke is not merely a nuisance, but a deadly soup of chemicals. ASH is the nation?s oldest anti-smoking and nonsmokers’ rights organization.” Actually, notes Banzhaf, this victory is only the latest in a series of cases where nonsmokers were able to successfully sue smokers when smoke from their rental apartment or condo drifted or recirculated into a nonsmoker’s apartment. ASH maintains a listing of such cases, and provides assistance to nonsmokers wishing to bring legal action. Indeed, in other related situations, courts in more than a dozen states have ruled that smoking around a child — even in one’s own home — can be grounds for the loss of custody. Moreover, in hundreds of cases judges have issued orders prohibiting such smoking — which is increasingly being considered a form of “child abuse,” “child neglect,” or “reckless endangerment.” In addition, three states have banned smoking in the home where a foster child is present, and several more are considering it. “This is clear evidence,” says Banzhaf, “that a man’s home is no longer his castle when it comes to smoking. Courts are now applying the same principles to secondhand tobacco smoke which they have long since applied to other dangerous — or even irritating — chemicals. We would not tolerate a situation where asbestos or benzene drifted into someone’s apartment, and we are now beginning to apply the same rule to tobacco smoke, which is likewise a known human carcinogen. Breathing clean air is not an option, it’s a necessity. No one has the right to endanger the health of another in their own home on an ongoing basis. You want to smoke? Then make sure it stays your problem instead of becoming everyone else’s. More Reading: Smoking in Apartments and Condos is Illegal Smoke Free Environments Law Project Tobacco.org Tobacco Control Smoke Free Apartments Cancer.org: Secondhand Smoke ASH	Reference Susan Faludi on Hillary Clinton Hillary Clinton On Abortion Hillary Clinton's Farewell Speech Individual Liberty Women As Second Class Citizens Barack Obama: Oprah's Messiah or False Prophet? Study Proves Media Bias for Obama Independence Day Hillary Delegate Speaks for Us At The Convention Harriet Christian Videos and Transcript Obama Sells Out Women... Again What Sexism? 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