Smoke ’em if you got ’em…

and to heck with the neighbors! That’s the gist of a new case decided by the court of appeals here in WA. It is an unpublished decision and therefore has no legal authority (i.e., this decision will not apply to anyone else) but is still an interesting read.

Home-owning smokers smoked on their back deck, and the smoke blew into the neighbor’s house. Neighbor sued seeking first and foremost an injunction prohibiting smoking in any area that would cause second hand smoke to drift into his house. Court ruled in favor of the smokers and found no legal claim for second hand smoke emitting from a private residence.

Who says there is no justice in this world? Now excuse me, I’ve got to step outside onto my deck for my afternoon smoke break… 😉

Posted by Marc

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