The legal basis/origin of the right to pure air back further than the year 1306!!! Now back to 2250 B.C.! "At least since the time of the Assyrian king Hammurabi [1792 B.C.E. - 1750 B.C.E.], a person has not been able to use land in a way that causes injury to another. See Mallett v. Taylor, 78 Or. 208, 213, 152 P. 873 (1915)," Christianson v Snohomish Health District, 133 Wash 2d 647; 946 P2d 768 (13 Nov 1997).
Mallett v Taylor, 78 Or 208, 213; 152 P 873, 875 (16 Nov 1915), adds, "the law is practically the same to-day as it was in the year 2250 B.C.," and citing Harper's Code of Hammurabi, §§ 53-54, and a then recent reiteration, Fletcher v Rylands, LR 3 HL 330, among many others.
"Your right to peaceful picketing was guaranteed by the Supreme Court as long ago as 1940, in the case Thornhill v. Alabama. Free speech is our last bastion against injustice when all other means have failed. In some developing countries with virtually no environmental laws in place to protect citizens from pollution, people who are suffering are not allowed to speak out and protest. Fortunately, this is one right you still have as an American, and officials and polluters who trample on the First Amendment go down that road at their own legal peril. " L. Backus, B.A., Historical Studies, M.A. candidate, E. Backus, B.S., Health Science/Respiratory Therapy <firstname.lastname@example.org> Full Article
Reports of precedent setting legal cases that are for tobacco and chemical sensitivity that are relavent to the plight of the wood smoke victim. If you can not legally subject a person to tobacco smoke or perfumes and cleaners if you know they are sensitive, how come the law refuses to acknowledge the battery that comes from wood burners who knowingly continue to burn even when they know they are hurting their neighbors. As a society how can we accept and compartmentalize wood smoke that fills all the air both in and outdoors as being different from tobacco or chemical exposure? Wood smoke is different-it is more carcinognic than tobacco smoke and you have no control over it entering your home or public places!
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