Smoking & Smoking Bans

[Serenity]

Re: New smoking ban

Of course you shouldn't have to suffer.

And I realize that I'm pushing you into an uncomfortable zone. No one likes to face the potential conflict in a situation like this, and we generally have been taught by experience to expect the worst outcome.

But I really think you have to give it an honest and direct try. You don't have to be rude, angry or manipulative. Come over as a friendly neighbor and have a straightforward chat with them. (Is there an outdoor common area where you can meet with them?) Don't pre-judge them as bad, just because they choose to smoke. Let them know that you have health concerns that you need to address, and ask for their cooperation. They might propose a workable compromise.

Remember - you may be living near these folks for a long time to come. You can set the tone here - one that will show them you are a good neighbor that they will want to get along with --- or that you are a behind-the-scenes troublemaker (in their eyes.)

Your neighbors are limiting their smoking to the insides of their own home. That IS respectful, Serenity. Until they are told that their smoke is getting into your house and causing you health problems, how are they supposed to know? You're not giving them a CHANCE to be respectful neighbors.

Soooo True.

Thanks for the insight.

[Serenity]

Re: New smoking ban

BTW....

my hubby told me that he did talk to the land lady (I think it was on the phone), & she told him that she did talk to our neighbors inregards to our health problems, (even though it is isn't in the rule/contract that they can't smoke inside their apartment), still continue to disregard about how it is affecting our health!!.

How it works, is that when they do smoke, the smell goes out their window (from their living room area), & the wind blows it to our side, & the smell goes into our window, & we continue to breath the bad stinky air into our lungs !!.

Also, I was reminded that in the contract which states that "there is no animals allowed in the apartment"

Well....

Maybe we can have say about that, because I saw a cat through their window, & heard it a couple of times before.

Plus, that is how our other prior neighbor before they left, was kicked out, due to having a cat in their apartment.

I always gotta try for for something, even though it may sound mean of me.

We have always been good tenants, we don't smoke, we don't have pets, we don't play loud music at nights, etc...

Plus we have lived here in this apartment building longer than they have.

My hubby reminded me that he had asked the land lady how long their lease will be up, & their lease will be up in a years time. Then only then, when she can change her own rules to "NO SMOKING IN THE APARTMET".

Once the land lady changes her rules, & if they want to re new their lease, they have to abide by the the new rules & regulations, & if they don't like it, they can always move out!!.

That's ok, my hubby's brother is a profesional Lawyer, & perhaps he'll beable to find a way to help us out in our predicament.

My hubby gave me a very good quote for this evening....

"Smoking is not a right, it is a previlage, & breathing (being able to breathe) is our right!."

I think, being able to breathe & to actually live is our right!!.

I don't want to have to try call 911 for the ambulance one day to come & pick me up, just because I'm having difficulty breathing!!!

And who will I have to thank for that?!?!?!!!!

YUP!!! You know who!!!

*heavy sigh*!!!

[Hope]

Re: New smoking ban

Serenity, now you are just being ridiculous! Threatening to take legal action? I fail to believe that this can affect anyone to the point of needing an ambulance! They are two doors down, for crying out loud, and within their rights, as the current law is written, and there apparently isn't any rule against it in their lease.

Now you are threatening to turn in your neighbor in for having a cat? You are underhanded, and just plain vicious. In one post you quote that you think pets should be allowed, in another, you threaten to turn these folks in for having a cat. (and I, personaly, would never have an animal in my home). But, I wouldn't turn someone in, just because I live a different lifestyle.

What a manipulative, mean thing to do! You really should get a hobby, get out of that apt. more often, and just let this go! You are truly being ridiculous!

There, I said it

[Serenity]

Re: New smoking ban

Serenity, now you are just being ridiculous! Threatening to take legal action? I fail to believe that this can affect anyone to the point of needing an ambulance! They are two doors down, for crying out loud, and within their rights, as the current law is written, and there apparently isn't any rule against it in their lease.

Now you are threatening to turn in your neighbor in for having a cat? You are underhanded, and just plain vicious. In one post you quote that you think pets should be allowed, in another, you threaten to turn these folks in for having a cat. (and I, personaly, would never have an animal in my home). But, I wouldn't turn someone in, just because I live a different lifestyle.

What a manipulative, mean thing to do! You really should get a hobby, get out of that apt. more often, and just let this go! You are truly being ridiculous!

There, I said it :-p

Well...

Dang it all,

I just can't seem to find a loop hole, & I know there is one.

I'm just throwing some of my ideas out there, cuz, I'm sick of feeling sick when I turn around to try to get a breath of fresh air, & all I smell is crap !.

...And yeah, that is mean (to put it nicely).

What else can I do (?), if they don't want to be so understanding about other people's health?!!.

BTW, feel better, yet?

[Serenity]

Re: New smoking ban

Oh ok ok.

I'll go!!.

I know where I am not wanted.

Good ~ Night!!. BYE!.

09/26/07 Wednesday 12:48 am

[Leo Lakio]

Re: New smoking ban

What else can I do (?)

*sigh...*

It sounds as though you will try any suggestion short of trying to resolve this through actual face-to-face discussion with the involved parties.

You know the answer to your own question. Since "hubby's brother is a profesional (sic) Lawyer," I am sure he will ask if you've tried talking with them at all. Maybe then you'll listen - and have to pay him $200/hour for the same answer we've been giving you.

[CranBeree]

Re: New smoking ban

Serenity, now you are just being ridiculous! Threatening to take legal action? I fail to believe that this can affect anyone to the point of needing an ambulance! They are two doors down, for crying out loud, and within their rights, as the current law is written, and there apparently isn't any rule against it in their lease.

Now you are threatening to turn in your neighbor in for having a cat? You are underhanded, and just plain vicious. In one post you quote that you think pets should be allowed, in another, you threaten to turn these folks in for having a cat. (and I, personaly, would never have an animal in my home). But, I wouldn't turn someone in, just because I live a different lifestyle.

What a manipulative, mean thing to do! You really should get a hobby, get out of that apt. more often, and just let this go! You are truly being ridiculous!

There, I said it

*CLAPS* .................

[tutusue]

Re: New smoking ban

*CLAPS* .................

Add my vigorous clapping and a "way to go, Hope!".

Serenity, why are you so willing to take such a negative approach to the problem without trying a positive approach first? Win-win is what you should be striving for. It looks like you're hellbent on a win-lose when, in reality, you're going to end up with a lose-lose situation.

BTW...taking a negative approach takes waaaaaaay more energy than a positive one. That's become terribly apparent with each message you post to this thread.

You've received some excellent advice. The question you should be asking yourself is..."Why am I so unwilling to try any of it?"

[AlohaKine]

Re: New smoking ban

I just recently got a copy of the 3rd version of the Department of health's warning letter from a friend. They never intended this to be seen by the general public, only certain bar owners and business owners and there was a reason why. Well tough cookies for them. Note how "duty/responsibilty for compliance" changed to "ELECT" for the last two requirements in the 3rd letter vs the 2nd. It's called getting caught in a lie. HA HA HA
Here it is, the 3rd letter;

************************************************** ****

[ date ]



[ name of business ]

[ address of business ]



Dear Owner/Manager:



This letter concerns a complaint to our office regarding a violation of the State Smoke-Free Law,

Chapter 328J, Hawaii Revised Statutes, which went into effect on November 16, 2006. This law

is designed to protect employees and the public from exposure to secondhand smoke. On [date]

a complaint was received relating to [ describe violation].



In order to be in compliance with the law, it is your responibility/ duty as an owner, operator,

manager, or proprietor to:



· Inform customers that smoking is prohibited in enclosed or partially enclosed areas of employment;

· Inform customers that smoking is prohibited in enclosed or partially enclosed placesopen to the public;

· Inform customers that smoking is prohibited within twenty feet from entrances, exits,windows that open, and ventilation intakes;

· Post a sign that reads "SMOKING PROHIBITED BY LAW" with letters of not less than one inch in height or the international "No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, in and at the entrance to your place of employment and place open to the public;

· Communicate to all employees that "smoking shall be prohibited in your establishment"



In order to encourage compliance you may elect to do the following:



· Make reasonable efforts to ensure a smoke-free environment by removing all ashtays and smoking paraphernalia;

· If someone lights up a cigarette in a no-smoking area, politely request that they put it out and that they go outside and away from the entrance to the building ( at least twenty feet ) to smoke.



It is our intent to educate businesses about the Hawaii Smoke-Free Law. We wish to help you avoid the following penalties for violating Act 295:



FIRST VIOLATION: $100

SECOND VIOLATION ( within one year ): $200

EACH ADDITIONAL VIOLATION ( within one year ): $500



In addition to the above fines, a person who owns, manages, operates, or otherwise controls any place or facility risks the suspension or revocation of any permit or license issued to the person or the place for the premises on which the violation occurred.



We recognize that smoking is an addiction and urge compassion and support, not judgment, towards smokers. For your smoking employees who would like help in cutting down and quitting,

we can provide free information on local classes and self help materials. For those who cannot

fit a class into their schedule, Hawaii now has a toll free telephone smoking cessation hotline.

Your employees can call 1-800-[ deleted by Alohakine ] to schedule free phone sessions at their convenience.



If you have questions or need further information concerming the law, please contact us at the Department of Health, Tobacco Prevention and Education Program at (808) 586-4613 or Toll Free (888) 810-8112.





Sincerely,







Tobacco Prevention and Educaton Program

************************************************** ****

This is a change from the 2nd version and the 1st version because the guy (Lipsher) in charge of Tobacco Prevention and Education has a hard time telling the truth. He knows the law up and down, but complaints took it all the way to the AG's office when he refused to change it, even though he knew he was wrong. That is until it went up the chain of command and the director of health and AG didn't want to take a bullet for his arrogence. If you read the law, it says NOTHING ABOUT ASHTRAYS ANYWHERE OR TELLING PEOPLE THEY SHOULD GO OUTSIDE IN YOUR OWN VOICE, but look at the 2nd version from July 2007 below.

************************************************** ****

[ date ]

[ name of business ]

[ address of business ]

Dear Owner/Manager:

This letter concerns a complaint to our office regarding a violation of the State Smoke-Free Law,

Chapter 328J, Hawaii Revised Statutes, which went into effect on November 16, 2006. This law

is designed to protect employees and the public from exposure to secondhand smoke. On [date]

a complaint was received relating to [ describe violation].

In order to be in compliance with the law, it is your responibility/ duty as an owner, operator,

manager, or proprietor to:

-Inform customers that smoking is prohibited in enclosed or partially enclosed areas of employment;

-Inform customers that smoking is prohibited in enclosed or partially enclosed placesopen to the public;

-Inform customers that smoking is prohibited within twenty feet from entrances, exits,windows that open, and ventilation intakes;

-Post a sign that reads "SMOKING PROHIBITED BY LAW" with letters of not less than one inch in height or the international "No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, in and at the entrance to your place of employment and place open to the public;

-Communicate to all employees that "smoking shall be prohibited in your establishment"

-Make reasonable efforts to ensure a smoke-free environment by removing all ashtays and smoking paraphernalia;

-If someone lights up a cigarette in a no-smoking area, politely request that they put it out and that they go outside and away from the entrance to the building ( at least twenty feet ) to smoke.


It is our intent to educate businesses about the Hawaii Smoke-Free Law. We wish to help you avoid the following penalties for violating Act 295:

FIRST VIOLATION: $100

SECOND VIOLATION ( within one year ): $200

EACH ADDITIONAL VIOLATION ( within one year ): $500

In addition to the above fines, a person who owns, manages, operates, or otherwise controls any place or facility risks the suspension or revocation of any permit or license issued to the person or the place for the premises on which the violation occurred.

We recognize that smoking is an addiction and urge compassion and support, not judgment, towards smokers. For your smoking employees who would like help in cutting down and quitting,

we can provide free information on local classes and self help materials. For those who cannot

fit a class into their schedule, Hawaii now has a toll free telephone smoking cessation hotline.

Your employees can call 1-800- [ deleted by Alohakine ] to schedule free phone sessions at their convenience.

If you have questions or need further information concerming the law, please contact us at the Department of Health, Tobacco Prevention and Education Program at (808) 586-4613 or Toll Free (888) 810-8112.



Sincerely,





Tobacco Prevention and Educaton Program

************************************************** **

Wow a high level member of the Coalition for Tobacco Free Hawaii and the department of health that has to be coerced into telling the truth. Who'd of thought?

And there are still some issues with it that haven't been mentioned and deceitful wording. But that's for another day.

[1stwahine]

Re: New smoking ban

Your employees can call 1-800- [ deleted by Alohakine ] to schedule free phone sessions at their convenience.

The Agency and phone number is CALL It Quits 1-800-QUIT-NOW!

I wrote about dem on my Blog yesterday.heheheh
http://www.auntiepupule.com/blog/index.php?id=1189

Auntie Lynn

BTW: 28 Days

[tutusue]

Re: New smoking ban

[...]BTW: 28 Days

With pom-poms strategically placed...

give me a G......G
give me an O....O

give me an A.....A
give me a U......U
give me an N.....N
give me a T.......T
give me an I......I
give me an E......E

rah...rah...rah...sis...boom...bah!

[1stwahine]

Re: New smoking ban

Mahalo TutuSue!!

[AlohaKine]

Re: New smoking ban

The Agency and phone number is CALL It Quits 1-800-QUIT-NOW!

I wrote about dem on my Blog yesterday.heheheh
http://www.auntiepupule.com/blog/index.php?id=1189

Auntie Lynn

BTW: 28 Days

That's me joking around. The thing's on TV already 24-7. Thing is that after all the group has been through, there is no way I'm going to get on my knees and kow-tow to the Zysman cabal. Sorry.

Anyhows, have a great weekend Lynn.

[1stwahine]

Re: New smoking ban

That's me joking around. The thing's on TV already 24-7. Thing is that after all the group has been through, there is no way I'm going to get on my knees and kow-tow to the Zysman cabal. Sorry.

Anyhows, have a great weekend Lynn.

Hui! AlohaKine! I wrote about how I taught dey was in Hawai`i and dey not. Actually, dey in Seattle, Washington!

Yep! Counselors in Seattle. So, I not going call them up anymoa. Why should I? I got a much better Support Group here on HT! Still, others may find them useful. After all, they offer two weeks of Patches/Nicotine Gums Free and through them four more weeks if you're on Medicaid.

You have a great weekend too!

Lynn

[AlohaKine]

Re: New smoking ban

Very Interesting. I've read that these quit lines often have very low 6 month quit rates, often less than 10%, to as low as 5%. They serve three functions, one to make money for big pharma, two to justify "compassion" to smokers to help justify a ban ( truth is it's a sleezy, cheapskate approach that seldom works) , and third and most important to rake in master settlement bucks from the Hawaii Community Foundation to line the pockets of the operators while producing few results.

Local voices on TV run from Seattle. WTF. It would appear they don't think local folks are competent enough to run it. But of course 90%+ of the paid anti-smoking lobby are mainland transplants as well including Zysman who hails from Buffalo, New York. They even pay for "experts" to come from the mainland to speak or testify.


http://72.14.253.104/search?q=cache:...lnk&cd=4&gl=us

It's near the bottom of the link's page.

The link above is from my favorite, favorite person Zysman. It is an expose on how to inject yourself into a community and create social enginneering to fit your desires. Just add money and presto.

Anyhow, thanks for the info Lynn. You are really on top of things for somebody that didn't have life handed to her.