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David Stanley Ford

Smoke alarm: Oklahoma tenants get few tobacco-free options
While some areas are enacting restrictions, that’s not the case here

BY VALLERY BROWN    Comments Comment on this article36
Published: April 25, 2009



Laura Clay says she was being poisoned by a neighbor’s cigarette smoke.


Laura Clay holds her son Cameron who was born prematurely while Clay was living in an apartment in Norman. Photo by STEVE SISNEY, THE OKLAHOMAN

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Clay, 31, of Norman, said she started complaining to her landlord about the smoke coming in the vents of her apartment a short time after moving there in 2007. When her 8-year-old daughter’s asthma worsened and her son was born prematurely in summer 2008, Clay quit asking and started demanding that something be done.

"They told me there was nothing they could do,” Clay said, "that my neighbors had every right to smoke in their apartment. But we couldn’t breathe.”

Clay said the manager refused to move her to another unit, and efforts to fix the ventilation didn’t work. Her husband was away in the military and she had no money to move. She was evicted when she refused to pay.

Then she started calling around for advice.

She reached Doug Matheny, tobacco use prevention chief for the state Health Department. He said secondhand smoke exposure in multi-unit housing like apartment complexes is an issue he regularly gets calls about.

Municipalities and counties across the country, including areas in Washington, California and Minnesota, have already banned or restricted smoking in multi-unit or public housing.

Matheny said Oklahoma isn’t looking at policy options, but officials want to educate people about the health risks.

Percy Brown, project coordinator for the Tobacco Free Zone program, is working on a research project examining smoking trends in three of the Tulsa Housing Authority’s 14 communities.

He said he would like to see public housing and private communities figure out ways to accommodate smokers while protecting nonsmokers by reserving buildings specifically for each group.

In public housing, like other multi-family sites with units in blocks or pairs, Brown said smoke can easily seep through walls and vents.

What are the options?
Officials say smoking is not allowed in the common areas of Tulsa and Oklahoma City public housing communities, but it is not restricted in units.

Oklahoma City Housing Authority Assistant Executive Director Mark Gillett said although many communities nationwide have banned or restricted smoking in a similar manner to what Brown suggests, his agency has no long-term plans to do so.

"It’s an interesting concept,” he said. "All sides have valid opinions.”

But Brown argues that secondhand smoke is especially a problem for lower-income individuals, children, senior citizens and the disabled in apartments or public housing.

Matheny said he believes Brown’s ideas are reasonable.

"It is a minority who smoke, so having entirely smoke-free buildings within a complex so that nonsmokers are not exposed seems like a good idea,” Matheny said.

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David Stanley Ford





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As always, there are those demanding government fascism to force others to act and do as they choose. Laura has the right to move or stay but she does not, nor should she ever, have the right to decide what others do in their home. I'd be willing to bet that this situation is not so bad that a certain amount of money wouldn't make it all better. Percy Brown is a liar or stupid, perhaps both. Air from one apartment doesn't enter another unless the workmanship was so shoddy as to be a cardboard "building" to begin with, which is not acceptable accommodation for humans. If this statement were true, heat and A/C would also transfer, making one apartment dweller pay to heat and cool another's apartment as well as cooking odors, bathroom odors and even air fresheners. How ludicrous.
Phil, Yukon - Apr 28, 2009 at 9:16 am
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here=her
Sallie, Del City - Apr 27, 2009 at 5:04 pm
Nellie, Rachel,, then neither of you read her landlord's post...He offered her every option and she refused.. This is her quote to me verbatim "the woman is a large physically and personally a liar,". In the first place the grammar is poor and I would have caught the error….. This is my one and only statement “this woman needs to worry about here weight as well as second hand smoke”. No where in my posts did I say this woman was a liar or use the phrase “a large physically”. To make a quote out of words never said/printed/posted does indeed make me doubt her veracity on any level.....Nellie I have seen some idiotic remarks, but your "personal issue" borders on the stupid. One can't have a personal issue with someone they have never met. A disagreement yes, but not personal. Go look up the word personal and then apply it to relationship and then to issue...Like it or not the woman made choices and she bears the responsibility for her self and her child....Remember, she is not a welfare case and had access to funds to move if she had so chosen….I don’t smoke, but I do hate it when others seek attention for false reasons or make others responsible for their sad story.
Sallie, Del City - Apr 27, 2009 at 4:58 pm
It appears there is a personal issue that you have with this woman and aren't able to see the bigger picture. If a person can't financially cover the expenses of needing to move or physically handle it either, what are they supposed to do? Again, referencing the story and the bigger picture here, if landlords had smokeless buildings and buildings where it was allowed, these kinds of situations might be avoided. This isn't just about one person and clearly there are some personal issues clouding some people's judgement.

http://www.surgeongeneral.gov/library/secondhandsmoke/secondhandsmoke.pdf
Nellie, Oklahoma City - Apr 27, 2009 at 10:10 am
When you pay your rent each month it comes with the expectation that your home will be habitable. If you or anyone in your family has asthma, a smoky house is not habitable, PERIOD! How can you say she should just move. Could you pay to break your lease, loose your deposit and then still have money leftover for a new deposit and first months rent? I doubt it. Sure smokers have rights, but non-smokers also have rights too. If you're not a smoker, you SHOULDN'T have to breath smoke IN YOUR HOME, when YOU'RE NOT SMOKING! Anyone who's lived in an apartment or duplex or other multi-housing unit can attest to the fact that you can tell what you're neighbors are having for dinner without going over because you can smell what they're cooking through the vent. The same goes for smoke. Oh, and to the people commenting about Laura's weight, HELLO, what is that about!? It has no bearing on the story, it's none of your business and I seriously doubt that anyone posting a comment on here is going to win any beauty pageants. Come on!
Rachel - Apr 27, 2009 at 10:08 am
Then you failed to read the post by Rob who dealt with the situation and Laura Clay....She had options for her and her child and made poor decisions for her and no, her child did not make the choice..She did.
Sallie, Del City - Apr 27, 2009 at 9:40 am
Sallie, I think the point was made that some people don't have as many options as others. Financially, physically, etc. That's the primary reason I bet these other communities have passed regulations. And what about children who don't make these decisions?
Nellie, Oklahoma City - Apr 27, 2009 at 8:17 am
Laura, Norman....regardless of your problems with your housing issue, you, just as we all do had a choice....You expected a landlord to conform to you and you alone..Why did you not move the very moment you thought your children or yourself were being harmed?. I am sorry Laura, you had expectations that exceeded that of any tenant that could and should have looked for other accommodations...You were not and are not a victim....I also survived chemo and the complications thereof....that is no excuse for not leaving anywhere that you thought your health was endangered….Sorry Laura, been there and done that and did it without contacting a local newspaper.
Sallie, Del City - Apr 26, 2009 at 7:53 pm
I would like to adress some of the comments on this site. First, I am not a liar. I used to smoke two years ago, but quit on Chantix. I never smoked around my children, or in my home. Secondly, Ron you told me that you would NOT offer me another unit because you said that you could not ensure that the new place that I had asked for would not have the same problem. Ron, you know what happened, you know the phone calls I made to you constantly, and you offered me NO HELP. I am sorry you are having a difficult time recalling the events. I just want to let you know I forgive you, and I hope this article helps you realize that you need to change your policies. When you evicted me, guess where I was? I was in the hospital having surgery for Papillary Carcinoma (Thyroid Cancer). On that note I would like to adress Sallie in Del City who said, "the woman is a large physically and personally a liar," The reason I have gained so much weight is because I lost my thyroid 10 months ago to Thyroid Cancer, and have had virtually no metabolism, therefore gained 40 lbs. I would encourage everyone on here to check THEIR facts prior to commenting negatively about me.
Laura, Norman - Apr 26, 2009 at 7:31 pm
Nellie, have you ever heard the term "cry me a river"....The woman was a smoker herself....so what can people learn from a woman who smokes and then gripes about smoking? Good grief! The lesson to be learned is that the woman is a large physically and personally a liar.
Sallie, Del City - Apr 26, 2009 at 3:00 pm
My question to the manager would be do you have 100% smoke free anywhere? And why use this forum to defame this woman when she has seemingly nothing to gain? Seems like she just wants people to learn from her experience. And based on all these other people there is a lesson here.
Nellie, Oklahoma City - Apr 26, 2009 at 2:23 pm
Patrick, when you pay my housing costs, you can dictate what legal activities I can pursue therein. Where does this type of nanny-government regulation end? I don't like my neighbor's charcoaling so I push a law that prevents him doing so? I don't like his "Tiki" torches because they are polluting the air (even more polluting than smoking)? I don't like the types of trees my neighbor has because of the pollen produced? Like I've said before, we've become a nation of professional victims.
Phil, Yukon - Apr 26, 2009 at 8:46 am
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Rob, Norman....This helps nothing, but on the comments page that goes to the DO, I did ask why they left out the fact that this woman is a smoker as well.....It changes nothing, but I wanted to send it to them anyway...The DO has an agenda on this issue and I guess at some point that will come to 'light'. lol
Sallie, Del City - Apr 25, 2009 at 7:14 pm
I happen to own the property management comapany that manages the property she lived in. I'm also the same person that had her evicted. Mrs. Clay is not telling the true story. I respect all of our tenants rights and went above and beyond to help her. I did offer the option of moving into another Apt as well as releasing her from her lease. I had the tenants that where conducting illegal activity evicted. Bottom line, she declined all the options I gave her and she wanted to live for free because her neighbors smoked. Oh and she failed to mention she is a smoker herself. I don't understand why the paper would print a story without checking into the truth.
Rob, Norman - Apr 25, 2009 at 3:14 pm
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Patrick, no one can live very long in a vacuum that will prevent intrusion by other humans..I live and own a house, but I still have to put up with my neighbors...One huge difference is that I have no one to complain to except in extreme circumstances.
Sallie, Del City - Apr 25, 2009 at 2:04 pm
I think both noise pollution and air pollution violate a tenant's right to peaceable inhabit their property. If a neighbor's music next door disturbs your peace, the tenant has the right to complain. Likewise, if a neighbor's smoke disturbs your peace, the tenant has the right to complain as well. Most building are not entirely sound proof, nor are buildings entirely air tight. For public buildings, there is a standard no smoking within 25 feet of the door to prevent smoke from blowing inside as the doors open. Smoke from a balcony at an apartment can blow inside other apartments through open windows and around drafty balcony doors.
Patrick, Oklahoma City - Apr 25, 2009 at 1:54 pm
whoops, grammar and spelling errors possible....do I care? Nope.
Sallie, Del City - Apr 25, 2009 at 1:51 pm
Funny, I remeber when apartments got into to trouble for allowing 'single only' units....Parents with children raised heck and filed lawsuits despite that an entire section of the complex were set aside as 'family units'. Of course the single only side of the complex was not littered with toys and the noises children can make....Yes, I had kids and was always jealous of how nice the 'other folks' lived....I don't know if this is allowed today.
Sallie, Del City - Apr 25, 2009 at 1:50 pm
I wonder if Ms. Clay also complained about the loud rap music coming from next door. Do we need rap-free apartments too?
John R, Oklahoma City - Apr 25, 2009 at 1:36 pm
Every apartment I've ever lived in had a separate heating/cooling system. Actually if they are connected it might be a fire code violation. Something about this story doesn't sound right. One year of putting up with smoke and not moving or going to the "in your corner" folks just doesn't add up.
Doug, Midwest City - Apr 25, 2009 at 1:04 pm
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Patrick, OKC....as for the smokers indulging on their balcony....That I think is a little extreme...They no doubt pay the same rent you do and perhaps they could have known the smoke was seeping through the air system and by going outside they kept the smoke outside...They should not smoke outdoors?.....On the other hand, building apartments, especially if they were very nice ones that allowed smokers only, I wonder (that would be discrimination) what non-smokers would say about that?..How about a really nice restaurant with a sports bar that allowed smokers only?....In reality, do you think non-smokers or our Capitol Hill would allow any establishment to be built that catered to smokers only?
Sallie, Del City - Apr 25, 2009 at 1:01 pm
I am glad there is discussion on this topic and sympathize with Mrs. Clay. I lived in an apartment for several years and experienced noxious second-hand smoke seeping into my apartment from people smoking next door, on the balcony and in the stairwell. Luckily, the apartment was leased as non-smoking and my landlord was able to enforce the no smoking rule. I think many of the comments to this story display an ethic rugged individualism that fails to recognize that non-smokers have the right to fresh air in their homes. Nicotine is a highly addictive substance and takes away the free will of users. Many people want to stop using tobacco, but find it extremely difficult because the addiction to nicotine is so strong. I think smoke-free policies in apartments would encouage people to smoke less and be good for the public health of Oklahoma.
Patrick, Oklahoma City - Apr 25, 2009 at 12:21 pm
cale, go outside and smoke..One of my sister's still smokes and she goes out on her porch, rain, shine, snow....when her house if full of people we are never exposed to her smoke....
Sallie, Del City - Apr 25, 2009 at 12:14 pm
This woman didn't live in public housing. The public housing mention is in Tulsa. Cale, it's not against the law to smoke, yet. I guess you don't have any bad habits that are not healthy, right? Can we outlaw everything that is bad for us? Is cigarette smoke the reason for all the ill health? Some would like for everyone to think that. Are car emissions, chemicals, paints, and almost everything being released thru the air causing any of the health issues? Maybe second hand smoke is not an issue at all. Maybe the smoke is just the scapegoat for everything out there that the government won't control.
UnSub, Yukon - Apr 25, 2009 at 11:43 am
I guess it just goes under some of your radar that these people are SMOKING in PUBLIC housing! These apartments are subsidized by tax dollars but even more importantly, why are people who are basically receiving government assistance spending anywhere between $3-$5 a pack in tobacco? Obesity, I can process, inexpensive food is often carb. and starch laden. I believe however that if I needed every dime I had, the first item to be axed from my budget would be that which is killing me as well as my children who can neither escape my second-hand smoke or, apparently my own stupidity!
Cale, oklahoma city - Apr 25, 2009 at 10:50 am
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