Do you have a noxious light that you wish to eliminate? Follow these steps, from education and courtesy letters, up through Small Claims action.
You may follow all the steps on your own, or you may contact Soft Lights and our volunteers will help you write the letters and step you through the process.
Step 1 – Educational Letter
For the first step, send this letter from Soft Lights to provide educational information to the owner. Step 1 – Educational Letter
Step 2 – Courtesy Letter
Give the owner two weeks or more to take action. If the noxious light remains, send a Courtesy letter. Here is an example letter sent by Soft Lights: Step 2 – Courtesy Letter
Step 3 – Cease and Desist Letter
Give the owner another two weeks to eliminate the noxious light. If the light remains, send a Cease and Desist letter. Here is an example letter sent by Soft Lights: Step 3 – Cease and Desist Letter
At the same time, submit a complaint to your local code enforcement.
Step 4 – Small Claims Legal Brief
If the Cease and Desist Letter doesn’t work after one week, write a detailed legal filing for a Small Claims case and mail it to the owner. Let the owner know that you intend to sue in Small Claims for the maximum damages allowed in your state. Do not yet file the Small Claims action because we would hope that once the owner reads the legal brief, it will be very clear that you have a very strong case and that it will easier to eliminate the nuisance light. Send a letter or email along with your proposed complaint and give owner one more opportunity to comply and ask for the maximum Small Claims limit for damages. Step 4 – Small Claims Complaint
Step 5 – File a Small Claims Action
If the light nuisance remains after one week, file a Small Claims action online. Once the court accepts your petition, they will send you further instructions and a court date. There is a reasonable filing fee. Step 5 – Small Claims Form
Notify the owner of the court date and request answer to the following:
- Do you assert an unrestricted right to shine light into the eyes of a person?
- Do you agree to shield and diffuse the nuisance light so that the direct rays from the light do not trespass beyond property lines?
- Do you agree to human-safe amber color temperature light?
- Do you agree to reimburse me for the Small Claims filing fee?
Step 6 – Additional Plaintiffs Letter
If you do not receive answers to your questions, then send a letter to the owner notifying them that additional people are also harmed by their lights and that they intend to file separate Small Claims actions for maximum damages.
At this point, you can choose to locate additional plaintiffs, such as any other adult living in your household, or a neighbor, or if the light is a public nuisance, find anybody in town who might want to file a claim.
This step should really wake the owner up because the time and expense of battling multiple Small Claims actions can really be a stressor. It would be much less stress to turn off the light. Step 6 – Additional Plaintiffs Letter
Step 7 – Serve Small Claims Papers
If the previous step didn’t work, then the owner seems to want to fight. However, by now, your case is extremely strong. Follow the steps to legally serve the owner with the paperwork from the court. In addition, send to the owner any additional evidence you would show in court.
Also, send to the court a copy of your legal brief and evidence so that the court can read all about your case before the hearing.
Step 8 – Small Claims Hearing
Many locations are currently using video conferencing, so you can sit at home on your computer to make your case. Ask the judge if they already read your legal briefing. If so, you can then focus your verbal argument on the main facts. If not, you’ll need to explain the details of the case to the judge. Do not speak to the defendant, just make your case to the judge.
Step 9 – Post Hearing
If you win the case, you will follow the steps to collect your damages. A Small Claims judge cannot issue an injunction, so the light nuisance may continue. In this case, locate additional plaintiffs, provide them with a copy of your legal brief and evidence and let them also sue the owner.
If you lose the case, determine why your arguments failed with the judge, revise your legal brief, and then locate an additional plaintiff to sue with the revised argument.