Based on Monday night’s ruminations by the City Council, homeowner associations and management of apartment buildings would be advised to poll their residents at the earliest opening and devise a plan for creating a smoke-free environment – with or without alternative smoking venues.
That would allow every person involved in multi-unit living to at least declare an opinion before the Council inevitably approves a presumably elastic smoking ban.
Councilman Andy Weissman was an enthusiastic participant in the anti-smoking preliminary discussion where members were charged with presenting staff with a list of concepts that should be contained in a forthcoming non-smoking ordinance.
While there are varied wish lists among the Councilpersons, “all five of us favor providing some form of relief from second-hand smoke,” Mr. Weissman said today. “The nature of the relief clearly remains to be seen.
“If the homeowner associations and apartment owners don’t act ‘responsibly,’ to protect from second hand smoke intrusion, then City regulations may be necessary. On the other hand, each building is different and what may work for one may not work for another which is why in my personal view we ought to try self determination first.
“The desire would be to see what they come up with, evaluate it and go from there. I think that is what Jim Clarke is saying when he says he does not want a top-down imposition.
Do-It-Yourself as Option
“Purely from a persuasive standpoint,” Mr. Weissman said, “if the multi-family community understands they can do it themselves – and it remains to be seen what that turns out to be – or be ordered to do it, I would think the preference would be for the former rather than the latter.
“It may be they do nothing. Or they may do something that, in our judgment, inadequately protects the right of non-smokers, and the city may step in.”
The final word will be uttered by City Hall.
“It may be,” said Mr. Weissman, “that there is nothing that the homeowner associations does, by way of self regulation, that the City Council deems adequate.
“At this early stage, and there is much more to be written, we don’t know what the process is going to be, what the participation of the multi family community may be or what the final outcome will be.”
Since this subject bobbed up abruptly, sans warning, in May, the result of anecdotal evidence minus a sweeping call from a community that appears disinterested, Mr. Weissman said he can’t venture a prediction.
“I don’t know what the level of desire or the level of participation would be from the various homeowner groups – now that they have been told, in essence, ‘figure a way to do this or we are going to do it for you,’” he said.
“Based on what I heard from my colleagues on Monday, there will be relief from the involuntary intrusion of second-hand smoke. The how and the when will be determined as the discussion continues.”
