Couple driven out of home for smoking

[Diamond Cross]

By Barbie Dutter in Sydney, Sunday Telegraph

Last Updated: 12:24am GMT 11/03/2007






It has never been tougher to be a smoker in Australia, as restaurants, pubs, beaches and even some pavements are declared off-limits to those who want to light up.

Until now smokers have at least been able to puff away with impunity in their own homes. But even that prerogative has come under threat following a landmark legal decision.

In a ruling that squarely undermines the premise that an Australian's home is his castle, a tribunal has ordered a Sydney couple to stop smoking inside their city-centre apartment because the smell was upsetting neighbours.


The order has been welcomed by the anti-smoking lobby but condemned by civil libertarians, who fear it will spark many similar claims.
The affected couple, Chris May and Linda Crossan, chose not to abide by the ruling and opted to move out. They had rented their two-bedroom flat, which boasted a view of Sydney Harbour and cost about £300 a week, since late 2005.

Their neighbours had complained to the apartment block's owner that smoke was seeping under doors and through walls. After numerous failed attempts to seal the cracks, the matter was taken to a tenancy tribunal, which found that the couple were breaking the by-laws of their building.
They were ordered to refrain from allowing smoke to enter other apartments and common areas, even if that meant they couldn't have a cigarette inside their own home.

Anti-smoking activists said they would campaign for similar judgments. But David Bernie, a spokesman for the Australian Council for Civil Liberties, said the decision could set an unfair precedent: "Would a vegetarian make a complaint about someone cooking meat on their barbecue next door because they didn't like the smell?"

Couple driven out of home for smoking | Uk News | News | Telegraph

While I support the banning of smoking in public places, I do not support this action. If this were to happen in America, people would be up in arms over it and it would set a bad precedent for it would give the government much more power.

[6SpeedTA95]

This is ridiculous and quite frankly we may not be too far off from this absurdity in our country.

I agree with banning it in public places but in your home or your car? Get real, this is a perfect example of government overstepping its bound.

[Linzyhop]

Originally Posted by 6SpeedTA95

This is ridiculous and quite frankly we may not be too far off from this absurdity in our country.

I agree with banning it in public places but in your home or your car? Get real, this is a perfect example of government overstepping its bound.

well then again, say you are a non-smoker and you live above a smoker. their smoke was constantly seeping into your apartment and you threatened the landlord that you were going to move out unless they did something about it.

but i guess that depends what was on the lease. is the whole building smoke-free or are they individually owned condos? because that is something they should have checked out before moving in, especially in places like that.

[6SpeedTA95]

Originally Posted by Linzyhop

well then again, say you are a non-smoker and you live above a smoker. their smoke was constantly seeping into your apartment and you threatened the landlord that you were going to move out unless they did something about it.

but i guess that depends what was on the lease. is the whole building smoke-free or are they individually owned condos? because that is something they should have checked out before moving in, especially in places like that.

Completely different. The land owner has a right to make that a non smoking property if they desire. If they dont then your tenant is free to move. If they do then quit smoking in the building or move.