Instilling a Fervent Wish for Smoke-free Housing - Part XIX
World No Tobacco Day - May 31, 2011
~ record and report the use of tobacco ~
Did you hear, that the Yukon, which is “North of Ordinary” decided to convert all of its housing to non-smoking buildings with a grace period to Jan 1, 2012, at which point smokers will no longer be allowed to smoke inside their residences. Shona Mostyn, Director of Housing Operations said, “We're not exactly on the cutting edge here.” What? What if they're ahead of ordinary? I think “North of Ordinary” must be “Outstanding.”
Locally, a large strata management corporation is being sued by one of their clients' owners, and the rest of their clients are waiting for the results of this legal action prior to making recommendations to their strata councils. Nationally, smoke-free housing hit small town Canada, revealing that the support available in cities remains abysmal in towns.
Everyone knows something about the hazards of smoking, second-hand smoke, and smoke-free housing. We are no longer at the crossroads of a contentious and controversial habit, once considered a lifestyle choice, and now known to be a plague made more purposefully addictive by corporate tobacco. The path has been chosen: smoke-free housing; the matter of fact is not if, it's when, how, and how soon.
Since 2004, there have been hundreds of reports and PowerPoint presentations reviewing smoke-free housing projects, accessible from the internet. Some offer sparse information, hiding failed attempts. Others provide outstanding comprehensive reviews of the challenges and barriers, and key strategies of success. Together, they illustrate the generic qualities of tobacco control and smoke-free housing.
When owners (boards, strata and co-op councils) successfully shift to smoke-free housing in a timely manner, they do so as a result of:
- collaborating with those who laid the pathway, the knowledge holders, and relevant associations;
- partnering with people who have already made the shift, and are making the shift, both locally and across the country, thereby ensuring continuous support to property managers;
- conducting SWOT analysis (Strengths [interests], Weaknesses [concerns], Opportunities [possibilities], Threats [fears]); this can be done in focus groups, luncheons, afternoon seminars.
- describing the consequences of not moving forward;These four steps relate to hindsight, insight, and foresight.
- sharing personal stories and utilizing local statistics before emphasizing the bigger picture; connect the local with the national;
- gathering information on objections voiced locally;
- customizing information to directly address each objection;
- informing renters and owners of the upcoming shift; while meeting minutes, letter or newsletter might be the first source which comes to mind, owners found that making sure smoke-free housing was part of local community events, community centre events, health and wellness fairs introduced the idea in a neutral and objective manner. Strata management companies organized luncheons and half-day seminars, often in conjunction with home and housing fairs.
- providing time frames for grace periods and starts dates, explaining how they honor relevant law;
- assessing the structure, ventilation, and age of the building, and how structure hinders or might need upgrading to assist with the problem of second-hand smoke;
- creating an open, transparent, enforcement process, outlining what everyone is expected to do including reporting, and the consequences of non-compliance;
- emphasizing the established health and legal foundations.
The prime motivator to be smoke-free begins and ends with health: healthy housing, health people, health care and economic resources.
That tobacco and smoking kills, is a matter of fact, of medical science history - clear and simple; though the living and dying from smoking is anything but clean and simple. There's no mystery. I'm repeating myself.
Second-hand smoke is waste, the toxic waste of tobacco combustion. Non-smokers suffer many of the diseases of active smoking when they breathe second-hand smoke.
Yah, but, what about industrial pollution, and vehicle exhaust? Haven't you seen the yellow smog over cities? What's drifting second-hand smoke compared to traffic, rush-hour traffic? GOMF! (get out of my face, @#$%^&)
Answer: Cigarette smoke fits into the same category as exhaust – and gasoline, diesel, formaldehyde, benzene, vinyl chloride, lead, cadium, and asbestos. Medical science classifies second-hand smoke as a Class A carcinogen, because it is known to cause cancer in humans. Google the risk and toxicity of drifting second-hand smoke, and you find it is 6-12 times more toxic than the smoke that smokers inhale. Medical researchers in Toronto measured second-hand smoke on sidewalks, outside of business doorways where smokers congregate, and in traffic - at the same time. Guess what? Second-hand smoke won! GOMF ignoramus!
When we hear of the pandemic of tobacco-related disease, the economic health burden to governments, as well as, pain and suffering from illnesses, our minds most often bring up:
- allergies,
- asthma,
- pneumonia,
- emphysema,
- bronchitis,
- COPD,
- lung cancer, and
- heart and stroke disease.
In fact, the cancers and diseases of tobacco affect every organ in the body that react in an attempt to clean away the toxins from it.
The horrid diseases attributable to tobacco and from smoke also consist of:
- irritant to eye diseases (glaucoma);
- sinus infections;
- ear infections;
- nasal sinus cavity cancer;
- mouth cancer;
- throat and laryngeal cancer;
- esophageal cancer;
- atherosclerosis;
- stomach cancer;
- cervical cancer;
- pancreatic cancer;
- bladder cancer; and
- Buerger's Disease.
Cancers develop as a result of environmental exposure. Genes in and of themselves, do not trigger these diseases without the environmental exposure. Gene response has been tested at the lowest levels of second-hand smoke exposure. There is No Safe Level of Second-hand Smoke!
Even corporate tobacco has moved on from “manufacturing doubt” around a second-hand smoke threshold. Cigarette maker, Philip Morris International Inc., purchased the rights to technology that lets smokers inhale nicotine without smoking.
Well, then, what obstructions remain to smoke-free housing, as recorded in the smoke-free housing project reports?
- The single greatest concern voiced by owners, managers, and tenants: Enforcement. Often the last objection to come up in a conversation, it remains the real concern for the following reasons.
- The conviction that a smoke-free housing policy remains unenforceable. Owners and management unwillingness to support and pursue adopting policy at the local level. "Why are we going through the motions if the law is not going to be enforced?"
- “Unless there are already effective methods to enforce a smoke-free policy, property managers/owners do not want to implement the policy. It is imperative to come up with good enforcement plans to support the adoption of policies.”
- Managers and tenants were uniformly uninformed and misinformed about the legal definition of nuisance and it's link to quiet enjoyment.
- Tenants questioned how enforcement of such a policy would occur: “Are we supposed to call management at 6AM?”
- Management wondered what to do about tenants who refused to comply. “Thankfully, we have just one tenant who says, ‘I’m going to smoke where I’m going to smoke and if people don’t like it they can move.’ He purposefully smokes on his balcony.”
- Owners/management spoke of dreading confrontation with those who refuse to stop smoking, along with an unwillingness to pursue the legal aspect. Often there already exists manager-tenant discord, and the smoke-free housing issue escalates existing situations.
- Owners/managers that smoked themselves and who would not support a smoke-free housing policy. “...against restricting the use of tobacco for any reason,” “…do not support the designation of smoke-free units,” and “…allow smoking and adamantly oppose designating smoke-free units.” From this blind, hostile resistance, a new issue emerged, that of smoke-free impinging on smoking marijuana. In a complex with a majority of non-smokers, they did not support the smoking bans because they did not want to limit marijuana smoking in their homes. Translated, this means a cigarette smoking-ban would have been supported, if you could just get around....
- An owner might be interested, but many owners remain off-site. They rely on what managers' experience and share with them. A manager might down-play any possibility of making a policy work, or sabotage it because they are smokers, or do not want to be in the enforcement position.
- Owners/managers questioned the educational material and the source of it, essentially turning “smoke-free housing advocates” and “anti-smoking activists” into name-calling by casting a pejorative tinge to these phrases.
However, enforcement as the real concern means that the big heavy concerns of:
- right to smoke and discrimination,
- right to smoke in my own home, and
- grandfathering,are being displaced - albeit at a slug's pace.
- Right to smoke & fear of discrimination – remains a common belief, and source of confusion and uncertainty.There is no right to smoke under Human Rights Code, not even if you are addicted to nicotine. Purchasing cigarettes and smoking is legal, but regulated by and because of health matters. Smoke-free legislation does not say that smokers cannot smoke; it only limits where smoking is permissible to prevent harm to others. 'Right to smoke' remains a left-over soundbite from corporate tobacco advertising - targeting women and children.If you issue a legal complaint under quiet enjoyment (nuisance) or human rights, the burden of proof required remains illness, disease, health matters. As complainant, you establish the health matter through medical documents, and you establish the severity, as well as, prognosis through medical documents. The claim is premised on health science, medical evidence.Still, reports from smoke-free housing projects list the unwillingness of many managers “even to discuss enacting new policies…for fear of being accused of supporting what they believed were discriminatory practices towards people who smoke, people who have addictions.”Many managers considered “prohibiting smoking unfairly denies housing to someone who is a smoker, and that they should not be so heavily penalized for their addiction.” Many managers expressed they were “affronted by what they see as an attempt to dictate to people what they are and aren’t allowed to do ‘in the privacy of their own home.’” Many managers revealed their fear of being sued for discrimination by smokers.Reality check: non-smokers are doing the suing, against owners, not managers.
- Grandfathering protection – from contract law, outlines how when an old stipulation sometimes continues to apply to some existing situations, at the same time that a new rules applies to all future situations. However, grandfathering exists alongside other rules, and health and disruption of quiet enjoyment to the point of illness trumps grandfathering.For an comprehensive discussion, refer to March 2011 articles, “Grandfathering Smokers: License to Smoke, License for Abuse,” and “Continuing the Discussion on 'Grandfathering.'Except for mentioning grandfathering, information in the smoke-free housing literature provided inadequate and an inappropriate understanding of grandfathering. If legally challenged, grandfathering provides no protection to tenants or landlords.
- Disconnection between health and housing ministries – Extending the benefit of the doubt, health and housing ministries may be working together, and are just letting the public get used to and adopt the smoke-free housing ideation.However, the persistent perception remains that housing ministries act in contradiction to health ministries and the movement to smoke-free housing, and that the smoke-free housing policy examples a laissez-faire policy with laissez-faire implementation.The consequence: while people know that smoking creates diseases, people also trust “that if it were really so bad, the government would ban the product and not let it be sold in every drugstore, grocery store, convenience store, and gas station. Contaminated spinach kills three people and they yank it off every shelf in the country. But tobacco can kill 1200 people a day and that's okay?” (Smoke Damage, M.Schwalbe 2011)The consequence: a defensive, and expensive discombobulated public, and tobacco wars no longer contained at the level of medical science and corporate tobacco, but fought between smoking and non-smoking tenants at ground zero. Owners sue stratas and property management companies, and tenants utilize residential tenancy or human rights processes. Now that is disruption to quiet enjoyment and unwarranted interference.A term from economics, laissez-faire refers to the hands off approach, free from state intervention and restrictions in business: a free market, market demand. Laissez-faire links to the thinking 'A man's home is his castle' and 'stay out of the bedrooms of the nation' school of thought, to the point it prevents a health-based response to a public health problem.“Stinking thinking” and “crazy-making” describes this thinking, and it requires constructive intervention from psychological therapies, which – at the level of government - translates into “legislation.”
Managers, also, doubted the integrity of legal information, basing their doubts on the source of the information - that advocates and activists of smoke-free housing provided the information.
Since information might be checked by contacting lawyers, relevant associations, and government, this thinking amounts to no more than being dismissive, and might constitute evidence of incompetence and negligence.
Families, and the home, have never been exempt from government intervention where health and safety are at issue. Cleanliness and hygiene. Incest. Child abuse. Physical discipline. Age limits. Education requirements. Wife battering. Domestic violence. If raised as an issue, family law courts rule on the side of the best interests of the child and smoke-free environments in custody matters, and did so as far back as the mid 80's.
Governments have the public mandate to intercede. Regulating the environment, where one can smoke, proves to be the best way to help smokers quit.
There exists no comparable outrage and fury at the government for not doing something sooner, more effective, and financially more efficient - except from corporate tobacco.
Intervention is not interference.
The abundance of well-written educational material goes only so far to allay fears, increase knowledge, and bring about conversion. Legislation is warranted, and has already been proved. We know the science. We know the law. We know the toll of human suffering on children in single-family homes, and the toll for everyone in multi-unit residences.
What does making a fervent wish mean? A prayer.
What does it look like politically? A letter urging government to act.
http://www.christyclark.ca/premier/
Minister of Health Michael de Jong mike.dejong.mla@leg.bc.ca
Minister of Public Safety Shirley Bond housing.policy@gov.bc.ca
Rich Coleman Minister Responsible for Housing rich.coleman.mla@leg.bc.ca
BC's Healthy Living Alliance, Mary Collins; mcollins@bchealthyliving.ca
Smoke-free Housing BC, info@smokefreehousingbc.ca
and
Canadian PUSH for Smoke-free Housing, Rose Marie socionik@yahoo.ca
Minister of Health Michael de Jong mike.dejong.mla@leg.bc.ca
Minister of Public Safety Shirley Bond housing.policy@gov.bc.ca
Rich Coleman Minister Responsible for Housing rich.coleman.mla@leg.bc.ca
BC's Healthy Living Alliance, Mary Collins; mcollins@bchealthyliving.ca
Smoke-free Housing BC, info@smokefreehousingbc.ca
and
Canadian PUSH for Smoke-free Housing, Rose Marie socionik@yahoo.ca