What grounds can a judge use to rule against smoking in your own home?

Question

I saw it on inside edition today that a judge ruled that a couple that smoked 4 packs of cigarettes a day could not smoke in their own home anymore because the smoke smell was coming in the cracks and vents and was ruled as a "nuisance" to the adjoining neighbors. Do you think he would have ruled the same if it had been say......incense or air freshner or even frying onions smell coming in the apartments? What if they were bad cooks and always burnt dinner? Isn't that legally just as toxic and a nuisance?

nora: what if it had simply been a certain smell say a cinnamon air freshner odor that the neighbors complained about.

Answer 1

thisIt is getting bad when a judge tell you you can not smoke in you own home. . I bet these people get the ruling overturned on appeal. The next thing a judge will tell people is they can no longer fornicate in their own home because the noise from squeaking bed springs upsets the neighbors

Answer 2

This is a difficult concept--but anyone's rights ends precisely where the other person's rights begin.

So yes, if the cigarette smoke, burned dinners, onions, or whatever else makes the neighbor's apartment uninhabitable, and those people can reasonably show that, then somebody's got to quit smoking at home, learn to cook better, etc.

Why is this so hard to understand?

Answer 3

A nuisance is anything that interferes with someone elses peaceful enjoyment of thier home and/or property.

If you're aware of any studies that prove incense and burnng onions are as toxic as second hand smoke, maybe you should post the links.

Answer 4

judges can tell you how much to spend on yrou family, so it makes sense that they can rule on yrou behaviour in your home.

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