Smoker's Rights vs. Everyone Else's Rights

[beenie]

Scenario: I open my house windows because it's a beautiful day, and instead of getting a nice, fresh breeze, the construction worker building the house next door lights up and now my house smells like an ashtray.

I'm all for personal choice, but where do his rights to smoke end and my husbands, children's, and my rights to fresh air in my own smoke-free home begin?

Edit: I forgot to mention that my neighbor across the street smokes cigars and we get that smell in our house too. So what do you think?

 

[Me Myself]

Humm interesting subject. I personally despise the smell of cigar and as a vegetarian it does far worst to me than to regular folks (vitamin C is more important to us and cigar destroys it)

The unsmoker is even worstly affected by passive smoking that the active smoker.


But what, was he like just besides your window smoking or where they SO many builders the smoke somehow got to your window? Sorry I am just not sure how does the scenario worked xD. Can´t you tell them to put it out or get out of your lawn? <_< >_>

 

[beenie]

I edited my post with cigar stuff too.

 

[beenie]

Humm interesting subject. I personally despise the smell of cigar and as a vegetarian it does far worst to me than to regular folks (vitamin C is more important to us and cigar destroys it)

The unsmoker is even worstly affected by passive smoking that the active smoker.


But what, was he like just besides your window smoking or where they SO many builders the smoke somehow got to your window? Sorry I am just not sure how does the scenario worked xD. Can´t you tell them to put it out or get out of your lawn? <_< >_>

It's breezy where I live, so that smell travels. I had my windows open, and he was in the side yard of the neighbor-to-be's house. The smell traveled into my house.

 

[Splarnst]

Your right to the enjoyment of your property begins at your property line.

 

[Me Myself]

It's breezy where I live, so that smell travels. I had my windows open, and he was in the side yard of the neighbor-to-be's house. The smell traveled into my house.

Well I personally wold prefer smokers to have to abide to the responsability of where their smoke goes, as should factories that are a much bigger example

Bottom line, the smoke is not healthy and they are putting it i the atmosphere and it is interfering with your health and that of your kids.

That said, I guess you don´t have much choice legaly

May I suggest big fanning devices in the limits between your propoerty and his (but still on your property) returning them their own smoke?

Just don´t buy the Acme brand, it never worked for measfhjHAM! I mean the coyote. :ninja:

 

[Storm]

Well, as a smoker, we're not allowed to go inside, and it's not like we can control the wind. What are we supposed to do?

I'm not allowed to smoke in my own apartment.

 

[beenie]

Me Myself, I'd never pursue anything legally, I'm presenting this more from a "what do you think" standpoint.

Well, as a smoker, we're not allowed to go inside, and it's not like we can control the wind. What are we supposed to do?

I'm not allowed to smoke in my own apartment.

I don't know, but my family and I have the right to not ingest others' second-hand smoke in my own home. I'm not sure what the solution is.

 

[Storm]

I don't know, but I have the right to not ingest others' second-hand smoke in my own home.

Me Myself, I'd never pursue anything legally, I'm presenting this more from a "what do you think" standpoint.

You could close the windows....

 

[beenie]

You could close the windows....

Why should I have to? It's my right to open my windows and have fresh air.
He could put out his cigarette.

 

[Me Myself]

Me Myself, I'd never pursue anything legally, I'm presenting this more from a "what do you think" standpoint.

I guessed so, I presented the legality as the "unbiased" point of view of society. In other words, at least you´ll have the moral support agreed upon your society to say that he should account for his own smoke if the law said so (because law is, more or less, the moral agreed by the society)

You could close the windows....

Because someone else is polluting her air? :S

 

[YmirGF]

Scenario: I open my house windows because it's a beautiful day, and instead of getting a nice, fresh breeze, the construction worker building the house next door lights up and now my house smells like an ashtray.

I find that difficult to believe. Because of a single cigarette?

I'm all for personal choice, but where do his rights to smoke end and my husbands, children's, and my rights to fresh air in my own smoke-free home begin?

Hmmm. Since this was a construction worker, you could try complaining to the foreman or owner. Most companies are not very keen to protect their smoking employees right to smoke on the job.

Edit: I forgot to mention that my neighbor across the street smokes cigars and we get that smell in our house too. So what do you think?

This too, I simply do not believe. I can smell cigar smoke a mile away, figuratively speaking, and have never encountered this. Are you hypersensitive to smoke?

 

[beenie]

I find that difficult to believe. Because of a single cigarette?

You obviously don't live anywhere breezy.

Hmmm. Since this was a construction worker, you could try complaining to the foreman or owner. Most companies are not very keen to protect their smoking employees right to smoke on the job.

Nah, I'm asking this more hypothetical anyway. It did happen, but I'm just asking in general.

This too, I simply do not believe. I can smell cigar smoke a mile away, figuratively speaking, and have never encountered this. Are you hypersensitive to smoke?

So because you don't believe this is possible that means it didn't happen? :sarcastic It's very humid here in the summer; smells linger, trust me.

And yes, I am sensitive to smoke.

 

[9-10ths_Penguin]

Well, as a smoker, we're not allowed to go inside, and it's not like we can control the wind. What are we supposed to do?

I'm not allowed to smoke in my own apartment.

Find somewhere else to smoke. Or don't smoke at all.

There's a legal principle called riparian rights: basically, it's the idea that a person upstream isn't allowed to adversely affect water quantity or quality downstream. I think a similar right should be in place for air.

Bottom line for me: if something, e.g. smoking, interferes with a person's quiet enjoyment of their own property, then the consent of that person should be required.

 

[McBell]

Why should I have to? It's my right to open my windows and have fresh air.
He could put out his cigarette.

Why should he have to?
It's his right to smoke in his own house.

 

[beenie]

Why should he have to?
It's his right to smoke in his own house.

Did you read the OP? He's NOT smoking in his own house.
The builder was smoking a cigarette on the homeowner's lawn.
The edited part: The neighbor smokes his cigar outside. IMO, he has more rights because at least he's on HIS OWN property.

 

[McBell]

Find somewhere else to smoke. Or don't smoke at all.

There's a legal principle called riparian rights: basically, it's the idea that a person upstream isn't allowed to adversely affect water quantity or quality downstream. I think a similar right should be in place for air.

Bottom line for me: if something, e.g. smoking, interferes with a person's quiet enjoyment of their own property, then the consent of that person should be required.

ah yes, more smoker bias laws are just what the world needs.

I wonder if they are going to include grills, bon fires, and every other thing that produces smoke...?

 

[England my lionheart]

Personally i would be more worried about the carbon monoxide poisoning from Car exhaust fumes comming into the House

 

[McBell]

Did you read the OP? He's NOT smoking in his own house.
The builder was smoking a cigarette on the homeowner's lawn.
The edited part: The neighbor smokes his cigar outside. IMO, he has more rights because at least he's on HIS OWN property.

Seems to me your complaint is that you can smell the smoke.
Does it matter where on his property he is smoking it if you can smell it?

I mean, if he smoked it in his house and you smelled smoke does the fact he is in his house somehow negate your complaining about smelling it?

 

[SageTree]

???!!!Maybe you could play some music he despises when he's on the porch smoking??!!!

Air pollution... sound pollution.... which eves.