Help for a home unseen

[Henry Dorsett Case]

TeaDidikai

Aesi

Besides which, things that give off smoke aren't allowed in my building. I can't even have a floating candle in my bathtub.

Hmmmm... that may actually infringe on your civil liberties. You do live in the US yes?

Seems as if Employment Division v. Smith (1990) doesn't agree, unfortunately - I'll quote the majority opinion as written by Justice Scalia:

Quote:

Respondents in the present case, however, seek to carry the meaning of "prohibiting the free exercise [of religion]" one large step further. They contend that their religious motivation for using peyote places them beyond the reach of a criminal law that is not specifically directed at their religious practice, and that is concededly constitutional as applied to those who use the drug for other reasons. They assert, in other words, that "prohibiting the free exercise [of religion]" includes requiring any individual to observe a generally applicable law that requires (or forbids) the performance of an act that his religious belief forbids (or requires). As a textual matter, we do not think the words must be given that meaning.[...]

Specifically, this case was about the denial of unemployment benefits to two men who took peyote for religious purposes and were subsequently fired from their job - however, the majority opinion is pretty much that any law that applies to the general populace applies to religious expression as well, unless religious expression is specifically exempted.

(Note: The case was decided 6-3 with a Special Concurrence from Justice O'Connor. No Dissenting Opinion, if existent, was available on Oyez.)

Lease agreements also frequently have provisos against open flames (such as candles) or incense burning - in fact, the residency agreement for the dorms at Harvard Law School actually have this clause without any exemption granted for religious purpose. The general problem is that if you don't own the building, you are completely subject to any legally-enforceable clause in the contract - and religious purpose does not guarantee a successful contest against a neutral clause.

(Please note, I am not stating anything more than court precedence here - whether I agree or disagree with the opinion here is something else entirely)  

[TeaDidikai]

Hence why I asked if she lived in the states. The next question was to be which state.

When you look at the usual Landlord Tenent Law, in every state I have ever lived in (including this one) one cannot be made to have a lease enforced against a tenent that violates their Civil liberties.

There are actual clauses that prohibit the signing away of one's rights.  

[Henry Dorsett Case]

TeaDidikai

Hence why I asked if she lived in the states. The next question was to be which state.

When you look at the usual Landlord Tenent Law, in every state I have ever lived in (including this one) one cannot be made to have a lease enforced against a tenent that violates their Civil liberties.

There are actual clauses that prohibit the signing away of one's rights.

I'll concede my point simply because I can't afford to ask an attorney if the relevant clauses of RCW (Revised Code of Washington) 59.18 (of which I can only find clauses that state that one cannot be made to sign away any right specifically granted in RCW 59.18, which Consumerline Tape 612 also states) apply to restrictions against candles in lease agreements. The only exemption I can find in RCW regarding candles and religious ceremonies is an exemption from the fire code for use of handheld candles by participants. I can't find anything that states either way about whether or not religious practices are absolutely protected from contractual restriction.

It was fun trying to do the research, though.  

[TeaDidikai]

I'll poke the owner of the local occult shop. He keeps copies of case files that have been used to defend pagan rights at his shop.  

[Henry Dorsett Case]

TeaDidikai

I'll poke the owner of the local occult shop. He keeps copies of case files that have been used to defend pagan rights at his shop.

Thanks. Only case law I could search were higher court decisions, and of course my legal-research-fu is still nascent, so I may have even missed something there.  

[Aesi]

o0; Good god. How do you find things like that, Henry?

By the way, it is in my lease. I signed knowing this and agreeing to it. And the clause is only included due to the age of the building, which was constructed at least a hundred years ago.

I live in Utah. Most of our downtown Salt Lake City apartment buildings have seen their centennial birthdays. So this isn't an unusual factor in local renters' agreements.  

[TeaDidikai]

Aesi

o0; Good god. How do you find things like that, Henry?

By the way, it is in my lease. I signed knowing this and agreeing to it. And the clause is only included due to the age of the building, which was constructed at least a hundred years ago.

I live in Utah. Most of our downtown Salt Lake City apartment buildings have seen their centennial birthdays. So this isn't an unusual factor in local renters' agreements.

A good google will turn up a number of laws if you know what to type.

Keep in mind, HDC is also legal student.

Considering your location, I wouldn't press it myself. But floor washes are wonderful things.  

[Henry Dorsett Case]

TeaDidikai

A good google will turn up a number of laws if you know what to type.

Tea, I have to admit, I used my Marie Laveau psychic powers on you. Those being the ones where she listened carefully to what people said, then used those very concepts to unearth greater information. In other words, you told me where to look in your case - Washington's Landlord-Tenant Law. I'd gotten a couple decent leads in that direction for other states, but when you mentioned the specific name, well, it just made it easy. That, and the RCW is a whole lot better organized than, say, the OCGA.

Quote:

Considering your location, I wouldn't press it myself. But floor washes are wonderful things.

I dunno why, but I get this image of Mr. Clean covered head-to-toe in ritual tattoos, dressed like a Guild Wars monk. sweatdrop

You know what else is great? Cooking me duck.  

[Aesi]

Tea, as far as I'm concerned, Henry's (and yours, reagun's, Nuri's, etc., etc., etc.) real skill is having something to say. gonk I don't even know how I survive on a forum. Research is not my forte (Which is the major reason I haven't done much haunting of ED.)


Agh, you're gonna make me have nightmares of ducks! If I start having Darkwing visions, I'm gonna roast you instead. Pfft, why isn't there a haloed smiley?

On topic, favored oils for floor washes?

-scuttles off to GD, where frolic the other average IQs-