The temporary ruling came after Edwin Gray’s next door neighbors filed a lawsuit claiming they can smell the smoke in their home through shared holes in their basement.
“You want me to stop what I’ve been doing in my house, all my life,” Gray said after the judge’s ruling.
Gray’s sister Mozella Johnson was outraged that her neighbors, who moved in just last year, would file such lawsuit.
“We are floored. If this judge has done this, who will be next? What other neighbor will be next?” Johnson asked.
Gray and his family have owned the home in northeast DC for 50 years.
DC real estate attorney Benny Kass was also shocked by the judge’s decision that prevents people from ignoring their neighbors.
“I think it’s an excellent precedent to start, so people can realize you can’t just ignore your neighbor,” he said. “Your home is no longer your castle.”
Although the District has recently legalized the use of marijuana inside homes, the judge’s injunction states that Gray, Johnson and any guests or family cannot smoke cigarettes, cigars or marijuana in their DC home.
Gray and Johnson vowed to continue fighting.
The lawyer says this decision has set precedent for public nuisances in the District.
“I think this is going to open the door to a lot of thinking, a lot of cases,” Kass told ABC affiliate WJLA-TV. “I gotta believe once this comes out, there’s going to be 100 cases filed in Superior Court tomorrow.”
The neighbors were seeking $500,000 in damages, asserting that the smoke is creating a health hazard to their family, claiming they tried to work with Johnson and Gray, and only sued after failed mediation attempts, according to WJLA-TV.
