Smoke-Free Alameda Blog: Secondhand Smoke Ordinances

The Alameda City Council on Tuesday Nov. 1 is going to consider a draft ordinance which will make a massive difference to our lives and the quality of the air we breathe. I have attached their community announcement to this posting.

I am especially interested because I became involved in this issue over a year ago as the president of a homeowners association in Alameda. We were faced with answering complaints from owners about secondhand cigarette smoke that was getting into their units and ruining their quality of life.

It turns out that there is basically nothing that an owner can do to deal with this issue, unless there are laws. There are state smoking ordinances and laws governing condominiums, but they are very broad and not useful. If an owner wants to take action their only recourse is to either: ask their neighbor nicely; ask the board to sponsor a vote to change the community rules and regulations; or file lawsuits against their neighbors and the homeowners association.

The first option can work, usually for some limited amount of time. But smokers are very bad observers of their own habit and have a distorted sense of smell and taste. When the mood takes them they break their promises and the problem reoccurs with the attendent pile of disregarded cigarette butts ...

We tried the second option. Our board sponsored a vote to change the CC&R's (our local laws). The vote required a two-thirds majority and did not pass. Several residents who were not directly affected by the issue said that they did not want to take away the rights of others. I can understand this argument but cannot countenance why anyone would in effect say, "I put the rights of a minority of people above mine, when they, by their actions, are causing serious damage to my health in a way that can shorten my life and that of my family and our pets."

Mindful people don't make that choice and especially so if the right does not take away freedom of other to continue to puff away — as long as it's not in their vicinity.

We have been threatened by suits, which are being held at bay by the promise of Alameda's legislation. I have heard of other suits filed in San Jose and New York where people have succeeded, but it's drawn-out and expensive. In our locale one must ask why when only 6 percent of Alameda residents smoke should individuals have to take specific action for themselves when what's at stake is the common good?

The obvious answer is we need better local laws that protect us all. The issue of second-hand smoke in multi-unit (specifically condominiums) is my main interest, however the issue also affects us when we are outdoors and in indoor public places.

How many times have you walked down Park Street and been gassed by the people standing outside the doorway of a bar? It severely detracts from the pleasure of an evening stroll, sets a lousy example for kids, and is an advertisement for me not to cross the doorstep of the specific establishment.

Similarly, have you stood at a bus stop or in an Alameda park and had to endure someone else's cigarette smoke? The current state of our civil code permits this uncivil behavior that the overwhelming majority would prefer not to have to partake of or be subjected to.

It's time for a welcome change, and I hope the City Council oblige us all and make haste to approve the proposed ordinances.