Judge bans a man from smoking in HIS OWN HOME!!

Edwin Gray likes smoking cigarettes, but a Superior Court judge in Washington D.C. has ruled Gray can’t smoke anything in his home - including marijuana, which was recently legalized in the District.

Gray’s neighbors filed a civil lawsuit against Gray and his sister, Mozella Johnson, who lives in the family home. The neighbors, a couple with one child and another on the way, alleged in their lawsuit that they’re being harmed by Gray’s smoke - which permeates their home through a hole in the basement.

"We were floored," Johnson told WJLA. Their family has owned the home for 50 years.

The judge filed a temporary injunction and ordered that no one in the house, including guests, smoke indoors.

Washington D.C. real estate attorney and Washington Post columnist Benny Kass was surprised at the outcome. "I think it’s an excellent precedent to start, so people can realize you can't just ignore your neighbor," Kass said. "Your home is no longer your castle."

The lawsuit asks for $500,000 in damages, and the case is ongoing, but Johnson believes the injunction sets a bad precedent. "If this judge has done this, who will be next? What other neighbor will be next?" he asked.

How long before smoking is illegal entirely? I don't smoke right now, but I have in the past. This man was in his own home! I doubt very highly he smoked so much that these people were that inconvenienced. Sure, maybe they smelled a cigarette or two, now and then, but I highly doubt it was so excessive that they need an injunction to stop him AND $500,000! Give me a break!

originally posted by: Anyafaj

Edwin Gray likes smoking cigarettes, but a Superior Court judge in Washington D.C. has ruled Gray can’t smoke anything in his home - including marijuana, which was recently legalized in the District.

Gray’s neighbors filed a civil lawsuit against Gray and his sister, Mozella Johnson, who lives in the family home. The neighbors, a couple with one child and another on the way, alleged in their lawsuit that they’re being harmed by Gray’s smoke - which permeates their home through a hole in the basement.

"We were floored," Johnson told WJLA. Their family has owned the home for 50 years.

The judge filed a temporary injunction and ordered that no one in the house, including guests, smoke indoors.

Washington D.C. real estate attorney and Washington Post columnist Benny Kass was surprised at the outcome. "I think it’s an excellent precedent to start, so people can realize you can't just ignore your neighbor," Kass said. "Your home is no longer your castle."

The lawsuit asks for $500,000 in damages, and the case is ongoing, but Johnson believes the injunction sets a bad precedent. "If this judge has done this, who will be next? What other neighbor will be next?" he asked.

How long before smoking is illegal entirely? I don't smoke right now, but I have in the past. This man was in his own home! I doubt very highly he smoked so much that these people were that inconvenienced. Sure, maybe they smelled a cigarette or two, now and then, but I highly doubt it was so excessive that they need an injunction to stop him AND $500,000! Give me a break!

Next up, you can't eat meat in your own home, because your vegan neighbors can't stand the smell of frying bacon....
Mmmmmm bacon.

Or steak
Or ribs
Or butterflied pork chops
Or a perfectly cooked ham

Oh my, that better never happen or I am getting contempt of court charges.

Oh this is too easy. They should sit out in their front yard and smoke! Then go in the back yard and smoke. Sit on the roof and smoke. Sit in their car with the windows down and smoke.

They'll probably have to smoke proof their house. $500,000 in damages???? For what? An offensive odor? This better get resolved fast.

I can't tell from the article but are these neighbors next door in a different building or are they neighbors in a apartment upstairs?

If next door in their own house then screw them nobody is going to tell me what I can do in my own home but if it's in a shared building then I would say move if you don't like it it's still his home.

originally posted by: StoutBroux
Oh this is too easy. They should sit out in their front yard and smoke! Then go in the back yard and smoke. Sit on the roof and smoke. Sit in their car with the windows down and smoke.

They'll probably have to smoke proof their house. $500,000 in damages???? For what? An offensive odor? This better get resolved fast.

To me this sounds like the neighbors are asking for an easy payday. I doubt very highly the guy even HAS $500k, so you know it's going to come from his insurance! Worse still his insurance is going to go up. If it were me, I'd be a total nag and smoke on their front porch! I can't smoke in my house? Fine, how about here! Until I can smoke where I'd like to, I'm going to plant my fat butt here! I'm one of those people that will get along with everybody .... Until you tick me off!

originally posted by: StoutBroux
Oh this is too easy. They should sit out in their front yard and smoke! Then go in the back yard and smoke. Sit on the roof and smoke. Sit in their car with the windows down and smoke.

They'll probably have to smoke proof their house. $500,000 in damages???? For what? An offensive odor? This better get resolved fast.

Good point, what was the wording of the court order?

Usually it would include...oh wait, nothing about this is usual, or probably even legal.

It isn't within the govs power to court order you not to do perfectly legal activities in your own home.

Who the hell dies this guy think he is?

Judges are supposed to enforce law, not make it up as they go along.

originally posted by: thesaneone
I can't tell from the article but are these neighbors next door in a different building or are they neighbors in a apartment upstairs?

If next door in their own house then screw them nobody is going to tell me what I can do in my own home but if it's in a shared building then I would say move if you don't like it it's still his home.

It sounds like it might be a duplex but they might share a basement that's walled up, but it also sounds like the wall has a hole in it. Supposedly some of the "rancid smoke" gets through the hole in the wall into the neighbors apartment. From the BASEMENT! So much so, they claim it they need $500k from it! And the judge gave the guy who's owned the home for 50 years and injunction preventing him from smoking in his own home! Absolutely ridiculous!!! He was there first, I say THEY need to move!

Washington D.C. real estate attorney and Washington Post columnist Benny Kass was surprised at the outcome. "I think it’s an excellent precedent to start, so people can realize you can't just ignore your neighbor," Kass said. "Your home is no longer your castle."

And therein lies the issue. The bolded part speaks VOLUMES on where our country is and has been headed for quite a while.

You don't own anything. You are not your own person capable of making decisions on your own. You need the nanny state to make it all better and to keep you safe.

People accepted it and asked for it for too long. Welcome to the fruits of their labor.

originally posted by: Kangaruex4Ewe

Washington D.C. real estate attorney and Washington Post columnist Benny Kass was surprised at the outcome. "I think it’s an excellent precedent to start, so people can realize you can't just ignore your neighbor," Kass said. "Your home is no longer your castle."

And therein lies the issue. The bolded part speaks VOLUMES on where our country is and has been headed for quite a while.

You don't own anything. You are not your own person capable of making decisions on your own. You need the nanny state to make it all better and to keep you safe.

People accepted it and asked for it for too long. Welcome to the fruits of their labor.

Sad truth all along. As long as we are paying taxes on the land, technically, we do not own our homes, and never will. We are renting our homes from the government. That's the sad truth. I've known that since I was 11.

a reply to: Anyafaj

And George Carlin was right... They call it the American Dream, because you have to be asleep to believe it.

It's getting clearer every day.

a reply to: Anyafaj

which permeates their home through a hole in the basement.

So why not plug the Hole ? Then plug the hole in the basement.

I personally would want this hole in the basement looked into for starters. .
But for sure I would be cooking the nastiest smelling stuff I could think of and burn some of those nasty smelling incense by the pack.

And as for the bad call by the judge I can't comment on unbiased. I don't like judges

a reply to: Kangaruex4Ewe

With that same logic, doesn't the other family have a righit to not have smoke in thier castle if they don't want it?

The fine is ridiculous and outrageous but I kinda get the claim. It is a shared building with kids that are possibly getting exposed to smoke.

Does the phrase " your rights end where mine begin" not apply here?

originally posted by: Connman
I personally would want this hole in the basement looked into for starters. .
But for sure I would be cooking the nastiest smelling stuff I could think of and burn some of those nasty smelling incense by the pack.

And as for the bad call by the judge I can't comment on unbiased. I don't like judges

Personally, as soon as this injunction is up, I'd be puffing every smelliest cigar, cigarette, and skunk weed I could find, and smoke it directly through the hole. Call all my friends to try and make it smell as bad as possible! Burn food, bring it to the basement, and wave the smoke through the hole as well. Anything to tick off the neighbors. Yeah, I'm a wench you don't want angry. LOL

originally posted by: Sremmos80
a reply to: Kangaruex4Ewe

With that same logic, doesn't the other family have a righit to not have smoke in thier castle if they don't want it?

The fine is ridiculous and outrageous but I kinda get the claim. It is a shared building with kids that are possibly getting exposed to smoke.

Does the phrase " your rights end where mine begin" not apply here?

It's a hole in the basement! I doubt it's that big of a deal that required an injunction and $500k! Seriously! He should have the right to smoke in his own home!

a reply to: Anyafaj

Agreed the fine is ridiculous, and he should have the right to smoke in his own home.

Just as you have the right to not have unwanted smoke in your home.

Nothing is set in stone yet, the man has not been billed for 500k, they are just asking to stop in the meantime till it gets figured out.
So before we go on about how this is the end of the world, let the courts do their role.

I heard this on the radio earlier today, and my blood boiled when they mentioned the demand for $500,000. They're clearly milking anything they can from this. Wouldn't they have to be specific about the damages to demand such a ridiculous amount? As far as I know, it's still legal to smoke cigarettes, and it's not like the man was purposely blowing the smoke through the hole or vent or whatever. This is what it's come to, and I feel like this is just a subtle beginning. Just wait, other non smokers are going to try the same thing just for the money. It's completely immoral and disgusting.

I'm a non-smoker btw, but I used to smoke. I hate the smell of cigs now, but I could never tell someone what they can or can't do in their home, much less try and turn it into a profit like these greedy piles of scum.

a reply to: Sremmos80

I understand what you are saying completely, but where do we draw the line?

A baby has colic for 3 months (mine did), it screams for 15 hours a day and the neighbors can't sleep normally. Lack of sleep can affect health. The neighbors love cleaning with ammonia (which closes my lungs right up) on a daily basis and your COPD grows worse by the week. Air fresheners, cooking smells, etc. there was even talk that cooking with tfal coated pots/pans were hazardous to your health because it released chemicals into the air...

Those all sound ridiculous, but they could all affect someone's health to an extent.

The line? I'm not sure where we start and stop. As much as I hate slippery slope theories, I think this is exactly what we have in situations like this.

Reason #1742 why it's better to live in the country.

... where your nearest neighbour is 6 miles away.