Judge orders man to stop smoking inside his own home

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WASHINGTON, D.C. -- A Washington D.C. man must go outside to smoke cigarettes after a judge ordered him to stop smoking inside his own home.

The judge's temporary ruling came after the man's new neighbors filed a lawsuit that claimed smoke from his home found its way into their home through holes in a shared basement. The couple said they worried the smoke would not only harm them and their child, but their unborn baby as well, according to a report from WJLA.

"You want me to stop what I've been doing in my house, all my life," Edwin Gray said when asked about his reaction to the judge's ruling. He said his family has owned the home in northeast D.C. for 50 years.

"If this judge has done this, who will be next? What other neighbor will be next?" Gray's sister Mozella Johnson asked.

Real estate attorney Benny Kass called the case "precedent-setting" and said it emphasized the fact people are not allowed to simply ignore their neighbors anymore.

"Your home is no longer your castle," Kass said.

In addition to the temporary no-smoking order, the couple's lawsuit asked for a half-million dollars in damages, according to WJLA.

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13 comments

  • Paul M

    That is IGNORANT!!! If they SHARE a basement, they should also SHARE THE COST of SEALING THE CRACKS which “allow the smoke to enter” their “neighbors” home. You can’t tell someone what they can’t do in their home aside from physically harming someone or Manufacturing Narcotics.

    • chio your ass

      I see NO reasons that they should share the cost of repairing the of SEALING THE CRACKS.
      Those cracks are on property of EGray / Mozella Boyd Johnson, and it is only their responsibility to fix.
      Gray is not even owner resident so why he is smoking on the property which don’t belongs to himhe should help his sister with expenses.

      Smoking is no right and no privilege!

      The fundamental right is to breath the clean air.

      Should that asshole stop smoking there will be no problem!

  • CommonSense

    A judge doesn’t have the authority to tell someone what they can or can not do in their own home. Smoking is not illegal.

    • chopp your ass

      Contrary Judge has an authority to tell everyone to stop smoking if that causes injury.
      Smoking is NOT a constitutional right.
      If the house was paid with financial assistance from Federal Funds (FHA HUD,) or if you deduct te financed interest on 1040 than you can not discriminate against others!
      If you experience anti social behavior like Edwin Gray, he and you you shod sleep either i jail cell either under the bridge!

  • libby

    That last line says it all.They sought 1/2 million in damages!Are we going to block the Sun to prevent UV rays from hitting them. Seal up the D@@ holes and let this man live his life! Take away one right at a time & soon we’ll have none.Our enemies don’t have to lift a finger against us; we are destroying ourselves & our way of life.

  • Kim Moore

    Sigh… my mother smoked 2 packs a day the entire time she was pregnant with me and I was exposed to indoor second hand smoke my entire childhood and I have no issues (and no, I have never been a smoker myself). I am a “normal” 46 year old productive member of society with an IQ of 140. I am not in any way pro smoking, and I do believe it is bad for you; but really???? This is a dangerous precedent.

  • christine

    If it comes through from his home to their home they next will claim That as hes outside smoking the winds blowing it in to the home as well

  • KMG VA

    First of all, fact check before you call names or assume things.
    They did offer to help pay to fix the house — which is not up to code, I might add — & many attempts were made to deal with this prior to a lawsuit.
    If they fixed the house tomorrow, the lawsuit would be dropped.
    It’s not that they’re smelling smoke, actual smoke is filling their basement (which happens to be the playroom for their child).
    If you want to argue that people can do what they want in their homes, then you should also understand that they have a right to take care of their home & their health inside their walls. If he wants to smoke that’s fine— but why is it okay for them to have to directly breathe in someone else’s toxity?
    Shame on Fox for angling this the wrong way — basically endorsing the fact that this man & his sister are willingly harming a young toddler & an unborn baby.
    They’re gonna fight it? Oh, okay— how bout just fix your damn house & this whole thing goes away.
    Seems a very selfish & strange time to be stubborn… so much for love thy neighbor.

  • chopp your ass

    The issue is simple!
    If I take a gun and start shooting around I will be immediately arrested!
    But when smoker lite a cigarette and injure others, or cause their death they want to claim that they have a right to do so!

  • Melissa Moore

    Chancellor Martha Brasfield recently ordered this same stop smoking order in McNairy county. She ordered a 70+ year old man to stop smoking and his significant other of 20+ years to get rid of their farm animals and their 3 dogs.