Cookouts Illegal? Vegan Sues Neighbor over BBQ Smells

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Vegan Sues Over BBQ Smells

Cilla Carden, a vegan woman in Australia, has filed a lawsuit against her neighbors over the smell of meat and fish wafting from her neighbors’ barbecues. According to Australia’s Nine, Carden accuses her neighbors of intentionally causing the meat smell nuisance. "It's deliberate," she told Nine. "All I can smell is fish. I can't enjoy my backyard."

A lower court dismissed the case in February. The Supreme Court rejected her claims in July, but she has vowed to keep fighting.

BBQers Fight Back Staging a Cookout Outside Vegan’s Home

Apparently, not all Australians agree with the BBQ ban. Thousands of people are planning a massive cookout outside Carden’s home to protest and have organized a Facebook page called “Community BBQ for Cilla Carden.” The barbecue is scheduled for Oct. 19 — and vegans are not welcome, the Facebook page says.

Could a BBQ Ban Happen in Texas?

That’s a great question. It’s conceivable that a plaintiff may be able to assert claims for trespass or nuisance under Texas law.

In the viral 2015 YouTube video below, a Pinellas County, Florida, environmental specialist was recorded telling a resident that it was illegal for the smoke from his home barbecue to leave his property. Warning: the video includes explicit language.

So there’s at least some evidence that a BBQ ban could actually occur in the United States.

What do you think? Should someone’s right to BBQ end at their property line?

Sources/Further Reading:

  • https://www.breitbart.com/politics/2019/09/03/devastated-vegan-takes-neighbor-to-court-over-bbq-smoke-and-odor/

  • https://www.usatoday.com/story/news/world/2019/09/03/vegan-sues-her-neighbors-barbecuing-their-backyard-australia/2196077001/

  • https://nypost.com/2019/09/04/thousands-to-attend-bbq-outside-home-of-vegan-who-sued-neighbors-over-smelly-meats/

For more insights on trespass and nuisance issues, see our Business Litigation Overview page.



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