Judge Rosie Allred ruled in favor of Linda Garcia, who was sued by neighbors Jesus and Pat Martinez for smoking cigarettes in her own backyard, KOAT-TV, Albuquerque, reported Tuesday.
"After hearing the facts, she said what Ms. Garcia was doing on her own property was not unreasonable," Stephen Lane, Garcia's attorney, said of the judge.
Tuesday, May 18, 2010
Judicial restraint
I'm a smoker, so I may be biased here, but I think this is good news in terms of property rights:
As far as I know, it's legal to smoke on your own property in all 50 states, not just New Mexico. Oh, and if you don't happen to be a smoker but you enjoy something like, say, grilling with charcoal in your backyard, who's to say that one of your neighbors won't object to that someday?
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