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The Clear Advantages of Smoke-Free Apartments PowerPoint PPT Presentation


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The Clear Advantages of Smoke-Free Apartments. Three Stages of Truth. All truth passes through three stages: First it is ridiculed Second it is violently opposed Third it is accepted as being self-evident. Remember When . . . It was legal to dump raw sewage in lakes and streams.

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The Clear Advantages of Smoke-Free Apartments

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The Clear Advantages of Smoke-Free Apartments


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Three Stages of Truth

All truth passes through three stages:

  • First it is ridiculed

  • Second it is violently opposed

  • Third it is accepted as being self-evident


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Remember When . . .

  • It was legal to dump raw sewage in lakes and streams.

  • Then, scientific evidence showed this caused disease and death.

  • Result: bans on dumping raw sewage.


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Remember When . . .

  • It was legal for restaurants to prepare, serve & store food however they wanted.

  • Then, scientific evidence showed this caused food poisoning.

  • Result: strict regulation of restaurant handling of food.


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Remember When . . .

  • It was legal for smokers to inflict secondhand smoke on non-smokers, including those with respiratory diseases

  • Then, scientific evidence showed this caused disease and death.

  • Result: strict regulation of smoking in most public places & workplaces.


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Why All The Fuss?

  • Why is there such concern about secondhand smoke in workplaces, public places and living spaces?


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Secondhand Smoke is Deadly

National Institute for Environmental Health Sciences Report,

issued May 15, 2000. U.S. Environmental Protection Agency

report, issued July, 1993.

  • It is a Group A carcinogen -- a substance known to cause cancer in humans for which there is no safe level of exposure.


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Secondhand Smoke is Deadly

U.S. Centers for Disease Control & Prevention, April 12,2002

report; and National Institute for Environmental Health

Sciences Report, May 15, 2000.

  • At least 38,000 to 65,000 deaths annually in U.S. result from secondhand smoke-caused diseases.


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Secondhand Smoke is Deadly

California Environmental Protection Agency report Health

Effects of Exposure to Environmental Tobacco Smoke,

September, 1997.

  • Thousands more people suffer from chronic & debilitating conditions caused by these diseases, including the effects of emphysema, cancer, heart disease, stroke, chronic bronchitis, and asthma.


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Secondhand Contains

International Agency for Research on Cancer chart, 1986;

U.S.Surgeon Generals Report of 1989; California EPA Report,

September,1997.

  • Over 4,000 chemical compounds -- more than 40 of which are Group A carcinogens, which cause cancer in humans or animals.


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Secondhand Smoke Contains

  • Ammonia

  • Arsenic

  • Benzene

  • Cadmium

  • Carbon monoxide

  • Chromium VI

  • DDT

  • Formaldehyde

  • Hydrogen cyanide

  • Lead, nickel

  • N-nitrosamines

  • Sulfur dioxide

  • Vinyl chloride

  • Pesticide residues


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Secondhand Smoke Causes

American College of Occupational & Environmental Medicine

position statement, July 30, 2000; California EPA report, September,

1997.

  • Lung and other cancers, and heart disease.

  • Respiratory tract infections, such as pneumonia and bronchitis, especially in infants, children and older persons.


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Secondhand Smoke Causes

American College of Occupational & Environmental Medicine

position statement, July 30, 2000; California EPA report, September,

1997.

  • Increased risk of sudden infant death syndrome and middle ear infections in children.

  • Major health threats to persons with asthma -- sometimes fatal.


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Secondhand Smoke Causes

U.S. Surgeon Generals report, 1986; American Heart

Association.

  • An almost doubled risk of heart disease to nonsmokers who are regularly exposed to secondhand smoke at home or work

  • 30 times as many lung cancer deaths as all regulated air pollutants combined.


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Say’s Who?

  • Hundreds of scientific studies conducted worldwide with professional peer reviews to assure their validity.

  • Reports from governmental agencies around the globe, including the U.S., Canada, Australia, New Zealand, Japan, Great Britain, the European Union, etc.


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Why Should We Care?

  • The health dangers of secondhand smoke are NOT any different in residential settings.

  • If your residence allows smoking, you and your residents are being exposed to serious health risks.


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Why Should We Care?

  • Any amount of exposure to secondhand smoke is unsafe.

  • Secondhand smoke exacerbates existing health problems such as asthma and other respiratory ailments.


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Why Should We Care?

  • Smoking damages residential property:

    • Poses fire hazard

    • Causes cigarette burn damage to carpets, counters, etc

    • Leaves smoke residue on walls and curtains


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Why Should We Care?

  • Complaints from non-smoking tenants about smoke incursions.

  • Legal action taken against landlords who allow smoking in their buildings.


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But . . .

  • Isn’t smoking a “right?”

    • No Michigan law prevents smoking in private residences

    • But nothing stops a landlord from prohibiting smoking on property now

    • There is no legal right to smoke


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In Fact

  • Tenants negatively impacted by secondhand smoke actually have the right to seek legal actionagainst landlords who do not make adequate provisions to protect them from second hand smoke.


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And, the ADA and FHA Say:

  • Persons cannot be discriminated against in workplaces, public places or in housing due to disability; and, having severe breathing problems constitutes a disability.


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And, the ADA and FHA Say:

  • Therefore, these facilities are required by the ADA and/or FHA (and parallel state statutes) to provide reasonable accommodations to persons with severe breathing disabilities, including possibly making the facility totally smoke-free.


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So, What Can We Legally Do?

  • Apartment owners are permitted by federal and state law to adopt total smoke-free policies.


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So, What Can We Legally Do?

  • HUD Legal Counsel letter of July, 2003 states that apartment owners are free under federal law to make their buildings totally smoke-free, so long as they “grandfather” current residents who are smokers.


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So, What Can We Legally Do?

  • Michigan Attorney General Opinion of 1992 states that neither federal nor Michigan law prohibits a landlord from making his/her apartment building totally smoke-free.


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So, What Can We Legally Do?

  • As the HUD Legal Counsel letter stated: “The right to smoke or not to smoke is not a right that is protected under the Civil Rights Act of 1964 because smokers are not a protected class under federal law.”


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Adopt New Lease Language

  • Use to:

    • Implement a smoke-free policy in a multiunit dwelling.

    • Add these provisions to the leases for apartment complexes.


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You Have Resources

  • www.mismokefreeapartment.org

  • Smoke-free Environments Law Project:www.tcsg.org/sfelp/home.htm

  • The Center for Social Gerontology: www.tcsg.org


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