Richard and Donna Ganguet live in the Four Seasons gated development in El Dorado Hills. They say the neighbor’s tobacco smoke settles in their backyard and seeps in through their windows.
The Ganguets are suing their next-door neighbor over cigar and cigarette smoke they say wafts into their backyard and house.
Because of the smoke, the couple say, they no longer sit on their patio. They also try to sandwich in swims in the side-yard lap pool between their neighbors’ smoking sessions.
Doug Smith, attorney for the neighboring homeowner, Florence Solone, said the issue is a trivial one that should be resolved by neighbors talking with each other, not with a lawsuit in El Dorado Superior Court.
There’s a practical and perfectly reasonable solution: if your neighbor won’t compromise, and your landlord won’t help, then take your rent money elsewhere. There are lots of explicitly non-smoking apartment buildings in every city. More in fact than non-smoking ones.
Oh wait… People in non-smoking buildings that have the urge to light-up do so outside… Because it’s the bloody outdoors!
Suing over second hand smoke outside is just asinine… Which leads me to a completely different story…
Jason Mayo watched as a father pushed his child on a swing, cigarette clenched between his teeth. On every upswing, the child got a face full of exhaled smoke.’
“We can’t tell people how to parent,’’ said Mayo, a member of the Ayer parks and recreation committee, which has banned smoking in the town’s recreation areas. “But all the other kids around him were inhaling that cigarette too.’’
As antismoking sentiment sweeps across the country, nonsmokers are taking back bars, restaurants, and workplaces, snuffing smoking out of its indoor havens. And now some of them are turning their sights on the great outdoors.
Isn’t it fantastic that this community has no other issues of any importance and so can focus on banning smoking outdoors?
Here is my problem with this, smoking remains legal and it also remains a heavily taxed source of income for the government. If you want to make it illegal, then make it illegal. However, so far it’s still perfectly legal.
I cannot think of any other consumable that can be purchased anywhere by anyone over a certain age that is more heavily legislated.
I do not agree with the fact a man was smoking near his young child. I think that is wholly inappropriate. However, if you combine outdoor smoking bans with indoor smoking bans and top it off with lawsuits over smoking in your own backyard… where do people have left?
Either making smoking entirely illegal or leave it well enough alone.
Source: Sacbee.com (Story 1)
Source: Boston.com (Story 2)
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