I don' t think anyone is saying they can't smoke in their own house. In fact, that is the best place to smoke. It is just that it should stay there, or be evacuated out so as not to disturb the other neighbors.

Anonymous wrote:I’d be interested in this from a bbq perspective. In the warmer months my neighbor bbq almost every night and the smell of burning meat sometimes sickens me.

that was litigated in Alexandria I think where the neighbors of Pork Barrel tried to prevent the restaurant from opening and using their big smoker? (or whatever it's called) because they claimed the daily smoke from the bbq cooking could exacerbate their kid's asthma. That was about 10 years ago. they lost. Restaurant still there and cranky neighbors also still live next door so must not be that bad after all.

I’d be interested in this from a bbq perspective. In the warmer months my neighbor bbq almost every night and the smell of burning meat sometimes sickens me.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Would you attempt the same if you lived next door to cigarette smokers?

Yes. of course. but pot is way worse. it lingers and the stench is worse. Don't really understand what you are getting at. A nuisance is a nuisance.

A nuisance has a specific legal meaning. It's not just something you don't like.

Not the sharpest knife in the drawer are you...

If you smell smoke, drugs coming into your home, that you end up breathing, making you nauseous, and affecting your health... that is a nuisance. If it is not, then there would be no limit as to what you could do.

In the general sense, yes, but not in the legal sense. First of all, whether or not the smoke makes you nauseous and affects your health doesn't matter. It's whether a reasonable person would be made nauseous or have their health affected. So, if you're particularly sensitive to smoke, that's irrelevant.

Second, you have to show more than unpleasantness. Courts need to see some evidence that it's having this impact, like air quality readings from your home, etc. They're not going to suddenly make it illegal to smoke in your own house through a nuisance lawsuit. And FYI, you can smoke weed outside in DC if it's on private property. You just can't smoke on public property.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Would you attempt the same if you lived next door to cigarette smokers?

Yes. of course. but pot is way worse. it lingers and the stench is worse. Don't really understand what you are getting at. A nuisance is a nuisance.

True. But this would be the equivalent of you suing your neighbors because they play music you don’t like every afternoon and it irritates you to hear it. This is the equivalent of a neighbor leaving their windows open and fried cooking smell filling your front yard and back yard. There are things people are allowed to do on their own property and there’s nothing you can do about these “nuisances.”

Sorry.

You might want to review some caselaw before making bald statements like this. There very well may be a cause of action for nuisance. Since it is an intentional behavior insurance may decline even to defend. The lawsuit alone may bring a change in behavior.

Anonymous wrote:

Anonymous wrote:Would you attempt the same if you lived next door to cigarette smokers?

Yes. of course. but pot is way worse. it lingers and the stench is worse. Don't really understand what you are getting at. A nuisance is a nuisance.

True. But this would be the equivalent of you suing your neighbors because they play music you don’t like every afternoon and it irritates you to hear it. This is the equivalent of a neighbor leaving their windows open and fried cooking smell filling your front yard and back yard. There are things people are allowed to do on their own property and there’s nothing you can do about these “nuisances.”

Sorry.

Anonymous wrote:Sue for what, exactly, given that what they're doing is legal?

If it’s not legal in your area, call the cops, OP.

Smoking inside your unit, where the smoke drifts into the next unit (like apartment buildings and townhomes) may constitute a private nuisance. Second hand smoke is a well known carcinogenic. There have been cases where one dweller has successfully sued a neighbor for excessive smoke coming into their apartment as a private nuisance and interference with enjoyment of their property. There is also a case in California of a man who smoked in his open air garage so much that the smoke drifted into the apartment upstairs and they successfully sued. It is a hard standard to meet, but it has happened.

Smoking in a common area, such as the parking lot of an apartment building, may create a public nuisance. Requiring people to walk through the smoke or having the smoke reach into their adjoining door or window if their unit is closely can qualify.

This is really venue/jurisdiction specific AND dependent on getting a sympathetic judge.

Turning this over to pot, you could make many of the same arguments, but I haven't been able to see if this has been litigated. Situation is not fun if it is happening to you. We lived next door to an insane smoker in a row house in OT and we just had to move. It was awful. My sympathies.

we used to live next door to a pothead and it was just miserable. the smell would come through our shared wall and there didnt seem to be anything we could do about it. and we could never open our windows, no matter how beautiful it was outside. potheads are the worst neighbors. they're so selfish and inconsiderate.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Would you attempt the same if you lived next door to cigarette smokers?

Yes. of course. but pot is way worse. it lingers and the stench is worse. Don't really understand what you are getting at. A nuisance is a nuisance.

A nuisance has a specific legal meaning. It's not just something you don't like.

Not the sharpest knife in the drawer are you...

If you smell smoke, drugs coming into your home, that you end up breathing, making you nauseous, and affecting your health... that is a nuisance. If it is not, then there would be no limit as to what you could do.

Anonymous wrote:

Anonymous wrote:Sue for what, exactly, given that what they're doing is legal?

Are you allowed to smoke pot outside?

Not legal to somke outside. The drug pushers try to push that stupid notion that you can smoke pot anywhere. In DC, it is illegal to smoke outside, anywhere. Just saying that it is permitted will not change the law.

You should not have to smell your neighbors. It is considered a nuisance. you should be able to enjoy your own property.

Anonymous wrote:

Anonymous wrote:Would you attempt the same if you lived next door to cigarette smokers?

Yes. of course. but pot is way worse. it lingers and the stench is worse. Don't really understand what you are getting at. A nuisance is a nuisance.

A nuisance has a specific legal meaning. It's not just something you don't like.

Anonymous wrote:No you can’t sue your pot head neighbors. And if you can’t beat ‘em you might as well join ‘em.

Well, great option if you are a pot head like you....

Anonymous wrote:Would you attempt the same if you lived next door to cigarette smokers?

Yes. of course. but pot is way worse. it lingers and the stench is worse. Don't really understand what you are getting at. A nuisance is a nuisance.