Pushing Rights

[SilentEyz]

Colorado has had the Smoking ban in effect since the first of July, Like many places it is now illegal to smoke in any resturant or bar. basically you can not smoke in any place public. Ok, well not that I necisarilly agree with it.. Whatever.. But I think This personally is just going a bit to Far
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Golden - A Golden couple can't smoke in the townhouse they own after a judge ruled last week that their condominium association can prohibit smoking in their four-unit building.

"This is my home, and I worked for it," Colleen Sauve said Wednesday. "I can't relax and have a cigarette in my own home. If I do, I'll get fined."

Sauve and her husband, Rodger, who are both smokers, filed suit in March after the Heritage Hills #1 Condominium Owners Association amended its bylaws to ban smoking. A judge recently ruled against them.

The association was responding to complaints from the Sauves' next-door neighbor, Penny Boyd, about smoke odor seeping into her unit.

Despite caulking, filters,

insulation, painting and ventilation adjustments, the smoke smell continued to bother Boyd, according to court documents.
"We argued that the HOA was not being reasonable in restricting smoking in our own unit, nowhere on the premises, not in the parking lot or on our patio," Colleen Sauve said.

Owners of the other three units, who approved the ban, were "recognizing the dangers of secondhand smoke and its obnoxious odor and were making their community a safer place for everybody," said their attorney, Brian Martin.

"Your home is your castle, but when you live in a small community like this and your actions start affecting those around you," Martin said, "it prevents other people from their homes being their castle, and something clearly needs to be done."

The state limits smoking to 15 feet away from main entrances to public buildings. Smokers in Golden can light up just outside the doors. And Jefferson County District Judge Lily Oeffler ruled the Sauves can't smoke in their own home.

In her Nov. 7 ruling, Oeffler said that "the issue of whether there was actual smoke or simply smoke smell is irrelevant."

Oeffler likened "smoke and/or smoke smell" to "extremely loud noise" that is not contained to one area.

The smoke smell, Oeffler stated, "constitutes a nuisance." Under the condo declarations, she noted, "no nuisance shall be allowed ... which is a source of annoyance to residents."

Smoking for the Sauves now means leaving home, whether it's jumping in their car and driving around the block, standing on the sidewalk or wandering across the street to a friend's home.

Rodger Sauve questions where such rulings will lead.

"If we barbecue fish, is that going to be considered a nuisance?" he asked.

The Sauves said they would like to appeal the ruling but can't afford it after spending $6,500 on the lawsuit.

"A piece of me says, 'Just forget about it and walk away,"' Colleen Sauve said, "and another piece of me says, 'Aw, go to hell."'

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My biggest problem with this.. They OWN not rent the property, Smoking is still a legal activity, and if they choose to smoke that is still their right, This is invading thier private life, and their personnel rights.

And if It was me, I think I would be selling my TownHome.. Very Very Cheap... To the lowest form of life I could find see how the neighbors like it then.

 

[Haus]

most places around here dont allow there tennants to smoke inside a rented building but not allowing a person to smoke in something they OWN is rediculous

 

[GuesSAngel]

I think that telling people that they can't smoke in any public place is bullshit. Especially bars. That's major bullshit. It's basically discriminating.

And to think that you can't even smoke in a place that you own is just more bullshit.

Bullshit. there i said it.

 

[Pixie]

How is it discriminatory to prevent people from smoking in a public place, where the smell (and effects of smoking second hand) is shoved in the face of people who don't smoke? Is there some inalienable right smokers have that allows them to make the environment unpleasant for everyone around them?

As for not being permitted to smoke in the home they own, I very much understand why they are pissed off, as most people assume that purchasing a property means you are free to do whatever you want with it. That being said, I also live in a home unit, and my air-conditioning duct faces the rear of the premises from the outside. When my neighbours are outside smoking and the air conditioner/heater is turned on, it sucks all of the smoke inside my unit. The smell is disgusting and my only option is to turn off the system, which isn't so much fun if it's extremely hot or extremely cold at the time. Although I don't feel that it would be appropriate for me to complain to the property managers, given that the neighbours are smoking outside and trying to do the right thing, I absolutely would be complaining if my ventilation system connected with theirs, and they were smoking inside. Unfortunately, one of the limitations of purchasing a flat or unit, is that you need to be considerate of the other tenants, even if it impacts what you're allowed to do in your own home.

 

[GuesSAngel]

How is it discriminatory to prevent people from smoking in a public place, where the smell (and effects of smoking second hand) is shoved in the face of people who don't smoke? Is there some inalienable right smokers have that allows them to make the environment unpleasant for everyone around them?

It’s in my opinion that I think it’s discriminating. Second hand smoke is over-rated, I think. When I was a non-smoker if I didn’t like the smoke I would stay away from it. Most places were divided between smokers and non-smokers. I think that good majorities of people that go into a bar are smokers. I think it’s inconvenient for us smokers to go outside of the bar to smoke. I really don’t know how to pick and choose my words on this topic. Tim you would be much better at this.

 

[Reaver]

I think that not being able to smoke in a bar is rediculous. It should be up to the owner of the establishment to choose whether they want to allow smoking or not. Or they could always seperate the areas. Some of my best friends smoke, and while I don't care for cigarettes at all, they always blow the smoke away from me, and never bother me about smoking with them. If you don't like smoking, don't go to a place that permits it openly. Saying people shouldn't smoke in a place they are allowed to is forcing your views on them just the same as if they where to try to convince you to smoke. Someone who hates people who try to get them to smoke and then trys to tell others not to smoke is being hypocritical. I don't get why people feel it is their mission to get people to stop smoking. It's like someone has this one bit of happiness in their lives and someone else trys to take it away by excluding them. Don't dictate someone elses morals, and they won't dictate yours.

 

[Peter Parka]

Hmmm, we've got this law coming in March. There's actually another thread around about this where I've posted my opinion. Basically (I'm a smoker by the way) I agree with this law though I'd like to see something positive being done to provide smokers with a comfortable place where they can smoke away from non smokers. I don't want to stand outside to have a smoke if it's pissing it down with rain.