Jury finds heavy smoking to be grounds for eviction

The Boston Globe ^ | By Ralph Ranalli and Jonathan Saltzman | June 16, 2005

[Boston Blackie]

In a case that tobacco law specialists say is one of the first of its kind in the nation, a Boston Housing Court jury ruled that a South Boston couple could be evicted from their rented water-view loft for heavy smoking, even though smoking was allowed in their lease.

The landlord who rented the Sleeper Street unit to Erin Carey and Ted Baar ordered them out within a week last November, after neighbors complained of the smoke odors filtering into their apartments.

[Raycpa]

My posts on history were in response to one of your kind who yearned for the good old days of yester year.

[The Foolkiller]

1stFreedom

Wow. What a GREAT screen name you chose. I think " selective freedom" would have suited you better, though.

[The Foolkiller]

CINO's.

---

Please explain, Dear. Does that stand for "Conservative In Name Only?"

[The Foolkiller]

Ah, I see you're back, too. Funny how we smokers offend you so much, but you just can't stay away from our threads.....

[The Foolkiller]

Congratulations. Just please don't turn into a member of the Taliban now.

[The Foolkiller]

I'm da Boss!!!

---

I'd never start a fight with you, She. :D

[The Foolkiller]

There is no such thing as too much garlic, IMHO.

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I concur.

[The Foolkiller]

The way Jury's seem to think these days baffles the mind in some cases. 'Just the facts, please ma'am.' Leave out the propaganda, and we may get somewhere with justice.

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Blake , O.J; & Jackson all walk & this poor bastard gets evicted.

[hispanichoosier]

That is effing ridiculous, especially since it was allowed by their lease.

No, it's not. The theory of nuisance is a tort theory, not a contract theory. Thus, their contract rights are irrelevant.

Moreover, to show nuisance, the plaintiff has to demonstrate that the defendant is creating a substantial interference with the use and enjoyment of his property. The jury simply chose to believe that their smoking was a substantial interference.

[The Foolkiller]

I have neighbors that smoke pot, which is just as pervasive as cigarette smoke, and it gives me an instant headache - no more!

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And I'll bet they're vehemently anti-smoker (of tobacco). Right? Just a hunch.

[The Foolkiller]

You are going to be totally crucified by the very meanspirited people who worship the god of Nicotine, which they like to carefully wrap inside their supposed concerns for freedom. I love FR but am always intrigued by how downright cruel and nasty people can be when veiled by anonymity.

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Yep. All true. Only have to look at your post to see that.

[The Foolkiller]

I've got one of those air cleansers myself. :)

[The Foolkiller]

I had forgotten that one must never, ever encourage you in your quest for attention.

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You beat me to it, Madame. I bow to your perception. :)

[The Foolkiller]

Hmmm. Funny, I always wondered the same thing about your drug of choice. See how it works? I'd never turn you in or evict you for doing it, though. :)

[Raycpa]

Funny how we smokers offend you so much

Hate the sin, love the sinner.

[Madame Dufarge]

Careful, he's going to stick to you as if you were flypaper now.

[pageonetoo]

Sure, but the contract went on to ban offensive odors and such.

I did not say this was a gum't regulation, did I?

My post was recognizing that the atmosphere of control over the actions of others.

Since you are a modernman, I guess you just like koolaid!

It has not been proven that smoking kills you. There are links shown between the number of smokers getting cancer, but those links almost always don't consider other things that may be carcinogens.

Igrew up in a household of Pall Mall unfiltered cigarettes, puffed by mom, and Tampa Nuggets, or Roi-Tan cigars, puffed, and chewed, by Pop. I think I was exposed to second hand smoke, and it continued until I was out of the household (17 yrs).

Mom's 82, and lives in her own apt. Pop's 82, and lives by himself. My oldest brother is 61, his wife is 63, and they are both heavy smokers. My brother started by 14.

None of them has cancer. I smoked cigarettes for 24 yrs, but smoke cigars today. I'm almost 58.

If smoking causes cancer, we should all be falling dead, by now, shouldn't they?

I talked about the smell of manure, in my former postings, because it is two smells, in one. The first, is the odor of fecal material. It is one, which we normally eschew. But, to others, the smell of manure is sweet, and earthy. It is a familiar thing, tingling the memories with connections to other times.

Hey, shiite stinks, but I don't run from the smell of manure...

Smoking nazis have done a good job of vilifying smokers. Look in front of any office building, or factory, and you will see the banished ones.

Everyone has the right to kill himself, and smoking won't kill anyone. Cancer might, but that is lawyers territory. The doctors haven't agreed yet!

Smoking isn't the niusance.It is the nazis that I fear.

Click it or ticket. It for the chil'run...

[pageonetoo]

Sure, but the contract went on to ban offensive odors and such.

You have been well trained, grasshopper...

There is an old saying, "beauty is in the eye of the beholder".

I spend time in eastern NC, and whenever I drive past Riegelwood, there is an intense rotten-egg smell, permeating everything, from the paper mill there. I walked into a store, for a coke, and asked about the smell. The guy there said, "what smell"? He had lived there all his life, and didn't know he was supposed to be offended.

Tobacco smoke is usually aromatic, and made to smell good. It was a centerpiece of our culture, until slimeball lawyers determined it to be a cash cow. There are some pretty rich lawyers these days, and people, with your attitde, helped them get there...

PCism is a dangerous slope.

Lawyers are worse than any other curse to our country, and our freedoms. Thanks to them, we don;t have to worry if our child may choke on something, because the lawyers made sure there was nothing to choke on. Three more children MAY BE alive now, so that a lawyer could make a couple of million going after Hasbro, or Mattel.

Do you have any idea how many places you can travel to, in the USA, where they don't allow you to have eggs sunny-side-up, or steak tartar? It's AGAINST THE LAW. Someone MAY get sick.

Wake up, and smell the cigars.

If I bother you, by smoking, ask me to stop, or move away. I have the same set of rights, as you. If I want to be considerate, I will. But I have no idea why the gum't has any bizness worrying over my boorishness... I guess, maybe, because there aren't enough 'conservatives' willing to reject this crap, that keep the gum't thugs, and the lawyers, busy!

Keep that PC stuff to yourself. I don't share your enthusiam.

Click it or ticket.

Do you think she cares?

[1stFreedom]

1stFreedom is taken from the NRA...It's a gun thing...

Freedom does not mean you have unlimited rights.

Freedom ends where someone else begins. In apartments, this translates to being free to do many things in your apartment, but you don't have the freedom to extend what you do outside of your apartment.

If your neighbors don't mind, then you have the freedom to cause odors, etc. If your neighbors do mind, then you are intruding into their own personal freedom space -- something you don't have a right to do.

People have this misconception that freedom means one is free to do anything. It's one of the biggest urban legends around.

[SheLion]

I've got one of those air cleansers myself. :)

Well, I have several Amcor Air Cleaners and toyed with the idea of getting the Sharper Image two months back.  I finally ordered one.  I love it right to death.

My non smoking girl friend comes in and both she and her hubby say they can't smell anything related to smoke anymore.  So that in itself makes it worth it! :)