PuddingPlease To use an extreme example, I do not think it is reasonable to demand that an elderly adult with social anxiety and disability should be harassed to stop smoking in their own backyard because they are unlucky enough to live next door to a child care centre.
My view is that the adults right to be comfortable in his own backyard actually trumps everything else. If the childcare centre cannot operate safely on that basis then the onus is on their management to find a solution but I think his rights are paramount because there is just nowhere else that he can be expected to go.
I think I come more from the philosophy that no person has the right to do anything in their backyard that affects someone else’s health. Whether it be smoking, grinding up bits of asbestos, burning lead, emitting sound at a decibel level that could damage ears - whatever else I can think of that could conceivably damage someone’s health, is not ok to ‘enjoy’ except in a space where its not impacting someone else. As they say “your right to swing your fist ends where my nose starts” - there is no right on your own property to do things that could potentially damage people outside it.
