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February 11, 2012
Woman affirmed right to smoke in own garden
Published: 7 Aug 09 13:27 CET | Double click on a word to get a translation
Online: http://www.thelocal.se/21166/20090807/
A feud in Åkarp in southern Sweden between a cigarette-puffing woman and her smoke-sensitive neighbour has finally been put to rest by Swedish courts.
- Swedes back al fresco smoking ban (1 Jun 09)
- Smokers face higher insurance costs (30 May 09)
- 'Bring back public smoking in Sweden': politician (5 Dec 08)
In its decision, the court said that the neighbour had been been unable to prove that the woman's smoke “poses such a significant threat to human health” that the environmental code would prescribe prohibiting the woman to smoke in the garden.
The conflict between the neighbours has been an ongoing legal saga since 2006. The smoke-sensitive neighbour, a lawyer, was so disturbed by the smoking that he wore a breathing mask whenever he was in his garden at the same time the woman was smoking.
In 2007, the Environmental Court in Växjö initially banned the woman from smoking in her own garden, ruling that she was banned from smoking within a nine metre radius of her neightbour's house.
The 49-year-old woman then appealed the decision to the Environmental High Court, which in turn found no reasonable grounds for an interim ban before a final decision was reached.
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I remember a rather famous quip (because i used to use it a lot a while back): Having a smoking area in a restaurant is like having a peeing area in a swimming pool.
BUT that being said, she was smoking in her own yard, outside... with the number of places being closed to smokers, i think its absurd that she couldnt smoke in her own yard and was totally right to appeal. Where did they expect her to smoke then? in the middle of the road?
I support the smoker on this one. Sorry.
Didn't Environmental High Court know about it? IMO smoking that disturbs anyone else than the smoking should not be allowed. It is like peeing in front of the public. What do you think?
but on a real note when she was banned from smoking outside for a short time could she smoke inside her house but hang out the window by the garden or would smoking inside your own home which you own be illeagal. it is crazy can not smoke own your own property.
Smoking on your own property is your right,
what to you propose next no sex in your backyard????
If the neighbour has that much problem with smoke then guess what... she should move to the countryside where the neighbours are too far away to impact her.
With all the methods available out there right now to quit, it should be mandatory, or at least be subsidised heavily by the government. Create incentives or something.
The sooner Cigarettes are banned from being sold in Sweden, the better.
So the saga of this case has gone something like this:
- 2006 - the man decides to sue the woman for smoking in her garden in Malmö district court Malmö district court decides that this is a matter of environmental protection law and refers the case to the Environmental court - which decided in favour of the smoker that there is no legal reason to ban smoking on private property the man appeals this decision via the High Court to the Higher Environmental Court The Higher Environmental Court refuses his appeal In August 2007 the man appeals again and the case comes back to the Environmental Court - who decides partiallly in the man's favour and declares that woman should not smoke within 9m of the property border In September 2007 the decision is appealed by the woman to the Higher Environmental Court - who finds in favour of the woman and quashes the restriction on her smoking on her own property in November 2007 the man appeals to the Swedish Supreme Court - who refuse to hear his case Then the man lauches a new case in the Environmental Court - wanting to have her banned from smoking again - however the court decision in August 2009 is that she can smoke where she wants on her own property. The man is now considering whether to appeal this decision to either the Higher Environmental Court or the Swedish Supreme Court
Story seems very american to me, no i dont smoke but she has a right to like people have a right to drink. I agree with the lady on this one, but maybe she should buy a fan or something to try and keep the peace
I agree with the woman.
As for the comparison between cars and cigs I don't see how they are the same. A car is a vehicle that takes you from a to b. Of course it's bad that they pollute at the same time, but they serve a purpose. Cigs don't serve a purpose at all but is just someone's idea of looking cool.
*awaits comments in abundance*
Have you not learnt to use grammar. Your comment of the history of this story really hurt my head.
Learn to use full stops, commas etc.
Ouch!
That the neighbor who was offended is a lawyer explains all to me.
The woman would have to fill a barrel with tobbaco and burn the same in order to produce a significant quantity of smoke that would bother a neighbor outdoors.
That she had to appeal to a higher court confirms that the lawyer neighbor had the power to have his ridiculous claim enforced.
He should move to the United States; he would be right at home there among those of his ilk.on Wall Street and those representing their corrupt banks, and he could steal enough money to buy an estate the size of Halland.