Law | Washington DC Issues Court Order To Man Smoking In Own Home
In a case that could have legal ramifications around the globe, a Washington DC Judge has issued a court order, preventing a man from smoking in his own home that he has owned for 50 years.
The neighbors of Edwin Gray in northeast Washington have filed a civil suit claiming they are being harmed by second-hand smoke that sneaks into their home through the basement. They are seeking $500,000 in damages and an injunction.
If the neighbors win their case, the ability to smoke in your own home could become a thing of the past as copycat lawsuits will be sure to follow. One could even argue it would prevent cigar lounges not in a free-standing building the right to allow their customers to light up and enjoy a legal product.
The official basis for the lawsuit alleges negligence, nuisance and trespassing, the latter arguing that smoke has intruded their property.
In 2013, Maryland which neighbors Washington DC ruled that second-hand smoke was not a nuisance and it is likely this precedence could be used in defense of Edwin Gray.
Washington DC is home to 659,000 residents over 68.3 square miles and was created by the Residence Act in 1790.