Hundreds of Birds Killed by School's Artificial Lights

To Thomas C. Schwendeman of OH, that is absurd! A tarp on a clothesline should not be considered to be a permanent structure that would even require a building permit. I hope that you have taken legal action to protect yourself on this. If you are about to do so, then you may want to consider having your attorney read up on www.lightlawsuit.com. This was a about a lawsuit against a car dealership in Golden, CO due to their glaring lights that blasted into the plaintiff's home. The decision was that the court held that the lights were an actionable nuisance. The jury also found that the defendants (the car dealerships) were creating, maintaining and/or allowing a nuisance to exist.

Paraphrasing, the court held that the laws are sensitive to property owners rights to use and enjoy their private property, without having to close blinds or curtains on their windows to accommodate a business interest (the bright lights).

The lawsuit has set a new precedent for nuisance light, which gives relief from bright lights that interfere with the use and enjoyment of one’s private property.

The type of precedent that my lawsuit set is called "persuasive", as opposed to a "binding" precedent. Attorneys can find it using Westlaw Legal research at: 2006 WL2567678. A regular citizen can contact the Colorado Courts website at:www.courts.state.co.us, then click on the "Court of Appeals" icon to access their homepage. Go to the Case Announcement Archives, Announcements for 2006. The case is dated September 7, 2006. Follow the instructions to request a copy of the final decision by the Court of Appeals. The case number "04CA2444" may be required, and the case is listed as Cash vs. Emich d.b.a. Elway Chrysler Jeep West & Elway Subaru West.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Case_Announcements/Files/2006/09-07-06.pdf pg 16.

Question, have you tried to contact the neighbor with a letter such as at: http://physics.fau.edu/observatory/lightpol-prevent.html#GoodNeighborLetter

Eric of FL 3:43PM June 10, 2010

I am currently being charged with a feony (under state law) for blocking my neighbors intrusive blindingly bright light.In short I hung a tarp from a clothes line to block the offensive light. I was told I needed a building permit to do this. The permit was then denied and charges brought against me are "re-erection of a structure when a permit has been denied".

In short it is legal to blind your neighbors but not being blinded is a legal problem. People who wish for darkness are being treated as criminals by the city of Berea, Ohio and charged accordingly.

I know that this does not make for a science article but is the subject of professional use to you?

Thomas C. Schwendeman of OH 11:50PM April 20, 2009

I am shocked to read your discovery .It is pity that the birds face such a disaster,maybe not many people know light will kill the birds. I think those who read your article will change their habit.remember to turn down the lights when it is unneccessary

wang xiao mei from china of 10:14PM October 24, 2008