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Couple Wins Case Against Smoking Neighbors Order bans neighbors from smoking within 25 ft. of apartment

Updated 4:12 PM PDT, Tue, Oct 28, 2008

Related Topics: Chuck Sanders

41 Comments   Post a comment Post a Comment

AP/Peter Morrison

The court order means the smokers must refrain around the neighbors' home.

 

A couple from Dublin has a temporary restraining order against a neighbor for smoking.

Nancy and Chuck Sanders won a court order banning their neighbor from smoking within 25 feet of the couple's apartment.
 
The Sanders' say they tried to talk to the neighbor and sent him numerous letters about his smoking, but they had to go to court to get the issue resolved.

The Dublin City Council approved the Bay Area's first secondhand smoking ordinance in 2006.

The American Lung association says this could be a precedent-setting court case nationwide.

Comments (41)

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  • Equal time Monday, Apr 27 at 2:35 PM FLAG COMMENT In my beautiful southern California Beach community we have a dog park and will soon have a dog beach where people can take their dogs to run free and urinate and poop all over the place - which ends up in a river and then the ocean, but I, a smoker, have no place to go! Smoking is banned on all beaches, parks, restaurants, bars, etc. How about a smoker's park and a smoker's beach!!! I just want a small piece of what has be ... MORE >
  • freethechump Friday, Apr 3 at 7:25 AM FLAG COMMENT jenny c -- you misinterpret the legal point of the Constitution -- your right to your addiction ends when you infringe on the freedom of another -- you are lighting the cigarette and also exhaling it and they are asking you to not infringe on their right to air that doesn't have over 500,000 chemicals, you refuse and you are breaking the heart of our country's foundation -- definition of a sociopath = a person whose ... MORE >
  • John Saturday, Mar 28 at 1:29 PM FLAG COMMENT Question was it in the lease where a resident could and could not smoke, if not I can not understand your reasoning.
  • lost in the fog Sunday, Mar 15 at 11:04 PM FLAG COMMENT I live in a building a converted victorian house made into 3 apartments and there is "no smoking in the apartments or withing 20 feet of any apt with will bother other people" in our lease and the people down stairs smoke all the time, and the smoke come up into our apartment and the landlord will do nothing. Basically two teen age girls moved in 3 years ago and the apt downstairs became "Party central" noise all the time, sm ... MORE >
  • Ariana Dutson Saturday, Jan 24 at 10:06 PM FLAG COMMENT I have neighbors that smoke right upstairs from me. I can't open my windows or even walk outside for fresh air. I have a 9 months old baby, who would like to breath. It's rediculous. Im not sure who to contact. i know there is a ban on smoking within so many feet, and my apartment does not inforce that law. Jefferson Park. utah, you really need to work on that. Im glade this couple one!! Infact, Im thinking i should go ... MORE >

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