Austria: Court restricts smoker's balcony cigar habit to certain times

[Tyrianth]

And what/who defines "within reason"?

Typically the courts.

[Kellhound]

Typically the courts.

Ah, so a handful of people who can apply personal qualms......

[Mic_128]

It's his home, let him smoke. It's not like he can do it in most public places. Make the plaintiff close his windows.

The defendant is the one blowing foul smelling smoke from his home, so the defendant should be the one who should be closing his window.

[Tyrianth]

Ah, so a handful of people who can apply personal qualms......

Hate to break it to you, but there are already a lot of laws on record that are "within reason" laws. If you can't trust your judicial branch to empirically judge those laws then you have bigger problems on hand that a minor annoyance such as this one.

[Kellhound]

Hate to break it to you, but there are already a lot of laws on record that are "within reason" laws. If you can't trust your judicial branch to empirically judge those laws then you have bigger problems on hand that a minor annoyance such as this one.

I do NOT trust a lawyer who paid the most money to win the election to make judgement calls like that actually.

[Mayhem]

I do NOT trust a lawyer who paid the most money to win the election to make judgement calls like that actually.

What are you talking about?

[Dug]

Couldn't the owner of the building just make a rule to no smoking whatsoever if they really wanted to?

[Tyrianth]

I do NOT trust a lawyer who paid the most money to win the election to make judgement calls like that actually.

The lawyer doesn't make the judgement call. I'm sorry to hear your country has such a shitty judicial system though.

[Unholyground]

I'm okay with this, only because everyone should be able to enjoy time on their balcony (or just have the door open), and not have to smell or inhale the cigarette smoke from the neighbors.

Meh, I smoke occasionally and I will say as long as they aren't blowing it in your face and are a decent distance away, who cares? Ya there are times wind blows smoke at you and shit but that is life.

[Kellhound]

The lawyer doesn't make the judgement call. I'm sorry to hear your country has such a shitty judicial system though.

Local and state judges are generally elected here, almost all of them are the lawyer who paid the most $$$ during the election to get name recognition. Once elected, they rarely are voted out. It works ok when it is just a simple matter of "did they break the law?", a lot more dicey when its "What does the law mean?"

[Espe]

If we ban smoking can we ban all the mentally ill people trying to change the law to cater to their fantasies? Can we ban the weak and lazy? Can we ban people from cultures that don't bathe regularly or know how to use a western toilet?

Why all the self-hate?

[rudeboi]

It's already the case in sydney, australia. it's written into the building (strata) regulations in a lot of places. e.g. my building.

You have to go out on the street to smoke. Too bad that's become illegal too here lol. Gov't = wankers. But sydney's known to be a shitty nanny city now anyway. If you're looking to holiday somewhere, avoid sydney.

[Ramahan]

Meh, I smoke occasionally and I will say as long as they aren't blowing it in your face and are a decent distance away, who cares? Ya there are times wind blows smoke at you and shit but that is life.

Yep! Thats Life! If you want to destroy your own life smoking that is your choice but when that smoke interfers with someone else's life that is far from OK!

Hell saying what you did is no different that saying "Hey so I enjoy booze so what if I drink and drive drunk and kill someone. Thats life!".

Besides folks that Austria ruling is nothing. The Feds just announce a smoking ban in all public housing and within 25 feet of buildings!
http://www.npr.org/sections/thetwo-w...public-housing

[Unholyground]

Yep! Thats Life! If you want to destroy your own life smoking that is your choice but when that smoke interfers with someone else's life that is far from OK!

Hell saying what you did is no different that saying "Hey so I enjoy booze so what if I drink and drive drunk and kill someone. Thats life!".

Besides folks that Austria ruling is nothing. The Feds just announce a smoking ban in all public housing and within 25 feet of buildings!
http://www.npr.org/sections/thetwo-w...public-housing

There should be no smoking indoors unless you have a smoking room with proper ventilation anyways. We banned smoking in doors in public places years ago here.

[GreenJesus]

I live in an apartment and the room beneath us has 4 dudes from Kuwait who basically chain smoke all day on their balcony. I can never open my window because I will choke on smoke. I fucking hate smokers and wish they would stop polluting my air. The only thing that makes me feel better is the knowledge they will die 30 years sooner from smoking so much.

[oxymoronic]

But smoking is considered an addiction and addiction is considered a disease. This "smoker" as you so callously demonize him cannot be held responsible for his illness. The upstairs neighbor should show some compassion.

hope u know that whole disease addiction crap is nonsense. this coming from an addict

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Cracking down on smokers is like on any other addiction: The entirely wrong way. Somkers get enough shit as it is, and this case even touches upon the liberties in ones own personal home - the very space where outside regulations should be kept at a minimum.
And please, seriously. The tiny amounts of smoke that probably actually enter the neighbour's room is SO miniscule, that yes, he might notice the smell, but there's bugger all of a health risk. Viennas traffic-laden air is probably 100x more hazardorous than a few picograms of tar every other night.
This sounds entirely like it's about a fanatic smoke-hater, and nothing about someone being concerned with his health. What a bitch.

are you kidding? you saying its ok to stink up your neighbors place? this is why city living would not work for me, i would probably go to jail for seriously hurting some fool that thinks this is ok. suburbs for life.

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So, if they can ban smoking than they can ban barbecue? Seems logical.

what country doesnt ban bbq'n on a balcony. you wouldnt do it in your house right? so if you know its going into your neighbors house, then yeah you fucking wrong... another reason, suburbs for life.

[Elegiac]

It's already the case in sydney, australia. it's written into the building (strata) regulations in a lot of places. e.g. my building.

You have to go out on the street to smoke. Too bad that's become illegal too here lol. Gov't = wankers. But sydney's known to be a shitty nanny city now anyway. If you're looking to holiday somewhere, avoid sydney.

I'm so sorry you aren't allowed to indulge your disgusting habit in public and toss cigarette butts everywhere.

Manly and Dee Why have become much more hospitable since public smoking was banned.

[oxymoronic]

You can't smoke outside? Come on, we've forced smokers outside on the condition they could smoke outside and now we're telling them they can't smoke outside? I call foul.

i dont, smoking tobacco is so bad there should only be a few designated places you can smoke. bars, casinos, and other places designated to smoking tobacco. its crazy people think you can be allowed to harm others and everything is okay cause in the past we made that mistake.

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If the kids are loud constantly and the parents don't do anything about it you could absolutely make yourself heard. Hell, there were (initially) successful claims against some kindergartens in residential areas because the kids were too loud when playing outside.

exactly, just cause kids are loud you still have to control them. kids being loud at 3pm after school is one thing, them being loud at midnight-7am is bad parenting. under 3 you really cant control but they usually arent so loud u hear them thru the walls, its more when they get old enough to run.

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I live in an apartment and the room beneath us has 4 dudes from Kuwait who basically chain smoke all day on their balcony. I can never open my window because I will choke on smoke. I fucking hate smokers and wish they would stop polluting my air. The only thing that makes me feel better is the knowledge they will die 30 years sooner from smoking so much.

i would tell them the situation at 1st and if they dont stop snitch to the property manager. now way would i live in that shit. the smell has to be in your house too. close all your doors and i bet you one room will stink. if not a closet/bathroom at least.

[Gref]

Is it just me or the last comments of this guy is strikingly similar to Tennisace's comments
Although I am against smoking, I call this bullshit. Still it shouldn't disturb others.

[Socialhealer]

What I actually meant was BBQ and smoking in gardens, same principle

should probably make it illegal for your house to be on fire as well, so when you call the fire brigade to put the fire out, the police come as well and put you in a cell.