The first light pollution lawsuit in Shanghai ended on Monday with a partial victory for the plaintiff.
The court ordered Yongdazhongbao Auto Sales and Service Co. Ltd. to remove the three lamps in front of one of its showrooms that have flooded light into the bedroom of a Shanghai man every night for the past two years.
However, the court did not award the compensation or order the public apology sought by Lu Yaodong.
"As a whole, I am happy with the result," said Lu, "I am the first person in this country to win a light pollution case. But I don't understand why I did not get the compensation or the apology. I am still talking with my lawyer about whether to appeal to a higher court."
Lu filed the lawsuit with the Shanghai Pudong New Area People's Court on September 1, the first day the city's standard against light pollution was officially implemented.
He said the glaring light, which shone straight into his bedroom between 7 PM and 5 AM, made sleeping very difficult and affected his work.
He demanded that the company remove the lamps, apologize and pay 1,000 yuan (US$120) in compensation. He later lowered the compensation demand to a nominal one yuan.
The automobile dealership disagreed, saying the lamps were weak and did not cause any light pollution. Nevertheless, it shut them off two days after the lawsuit was filed.
One of the three lamps in question is only 20 meters from Lu's bedroom and they are all at about the same height as his balcony, shining directly into his bedroom.
Although the court decided in Lu's favor the judge, Cao Kerui, said, "Since there is no evidence available to show that the defendant's behavior has caused the plaintiff any negative social influence, we rejected his request for a public apology. And since Lu failed to prove exact pecuniary losses brought to him by the accused, we cannot support his request for compensation either."
A department to measure light pollution was set up recently by the Shanghai Municipal Bureau of Quality and Technical Supervision.
"The authoritative report provided by this department will make it easier for us to make judgments in future," said Cao.
(China Daily November 3, 2004)
