Quoted:
We aren't talking FEDERAL here...
Not a US Constitution issue...
And in any case, I can reply by saying 'Show me the right to smoke tobacco'...
We are dealing with 2 opposing and EQUAL desires to exercise smal-'r'-rights/freedoms...
Neither position has any legal advantage over the other...
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Two men enter, one man leaves, then.
Really. Only a whining pussy really gives a shit what someone else does within the confines of that someone's home. The fact that some people choose to live in apartments is not the issue, as there are less intrusive solutions to the 'smoke' problem, (or noise, or anything else), that still allow people to kill themselves any way they choose, than passing a 'bad behavior' law. Note that I can avoid the 'secondhand smoke' argument if I use the right solution in the first place, so that is a non-starter.
Don't like your neighbor, or his/her annoying 'habits', then learn to ignore, negotiate, kick ass, or move. Alternatively, get said neighbor to move. Don't call someone else in to solve what is, essentially, a personal problem. Where does it end? Show me the line where some nosy POS absolutely has to stop. Before you do, look up 'curtilage'. That might help.