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This is surely never going to be used by people acting in bad faith. Setting a precedent that you can sue someone to make someone seal up their house/apt (or s
by Spivak 4y ago
This is surely never going to be used by people acting in bad faith.
Setting a precedent that you can sue someone to make someone seal up their house/apt (or stop all together if that’s not possible) for anything that makes a smell based on the their self-reported subjective experience is gonna be a goldmine for the very worst kinds of neighbors.
Even if you attach a reasonableness test it’ll just be a reflection of the norms of white people so BBQ will be fine and never reported but “whenever they cook it makes my apartment smell … ethnic” will. Because sure, you want to say that they should fuck off for being racist but if they genuinely can’t stand the smell they have as much standing as for pot. And since it’s self-reported you can’t tell the difference anyway.
I think they have the spirit of “don’t be a dick to your
neighbors” right. But an execution like this is just going to be another burden on the already othered.
- _et33 4y agoWhat isn't used by people acting in bad faith? There are devices that regulatory agencies can use to quantitatively determine odor thresholds. And there are things people can do to remediate odors without sealing up their place or stopping altogether.
- Spivak 4y agoThat just determines the strength of a smell not whether it’s bad or good which is the issue. The problem is that the only people who will ever be affected by this law are people society already doesn’t exactly like, in this thread it’s “potheads.” Even if it only cost a $100 filter to fix it, that’s still a filter that equally smelly but socially acceptable white suburban Italian dad who always has a pot simmering has never even considered needing. If you try to make it equal by banning all odors above a threshold you will still have the same problem because the complaints won’t be about Mary’s at home baking business who is very blatantly violating the law.
- _et33 4y ago> "the complaints won’t be about Mary’s at home baking business" We already have had lawsuits over commercial operations: https://www.denver7.com/news/local-news/marijuana/appeals-court-neighbors-can-sue-pot-grower-for-stinky-smells https://www.denver7.com/news/local-news/marijuana/appeals-co... This brings it to the residential level. Is someone is taking steps to avoid causing problems for their neighbors they won't have to worry about a lawsuit. Because even if they are sued they can demonstrate in court that they are taking pains to minimize externalities.
- ChainOfFools 4y agoHome / apartment search apps adding odor maps the way many have begun to add noise level maps will eventually sort this problem out quite effectively.
- tjrDL6MjB2Zwwa 4y agoIt's possible for people to genuinely dislike the smell for whatever you have in mind for "ethnic". And they have a right to that. Which is why this thing needs to be thrown out on its head. Whatever ethnicity also has a right to their culture as well. Smells are weird. I think cow manure smells _good_. Yes, I'm aware it doesn't really, but having spent a large portion of my life in rural areas, there's something almost "homecomingly sweet" about it that registers positive memories for me. Smells are weird.