Highlights from Town Hall Meeting on Smoke-Free Housing

Highlights from Town Hall Meeting on Smoke-Free Housing
November 10, 2015

The Smoking Exploratory Committee invited William Tilburg, JD, Deputy Director of the Legal Resource Center for Public Health at the University of Maryland Carey School of Law to speak about Smoke-Free Housing: Legal Issues and Implications.

Mr. Tilburg came right to the point—condominiums depending on their articles and bylaws are within their rights to impose an entirely smoke-free environment.

This means in the best case scenario:
—The condo association has a bylaw prohibiting smoking within the individual units (if so desired) and/or on balconies (if so desired). Maryland state law already prohibits smoking in common areas like hallways and lobbies.
—A smoke-free environment can be established through house rules but this is not the best method since it would be much easier to overturn the rules. The Elizabeth has a bylaw that addresses noxious odors but this is not sufficient.
—In a law suit, a condo has these conditions to back up imposing a smoke-free environment: second-hand smoke is a recognized health hazard and smoking is a leading cause of fires.

In the last year, there are already two condo associations within Maryland that have imposed a totally smoke-free environment. One has grandfathered several unit owners to avoid prolonged lawsuits. The estimated time for establishing a smoke-free environment is about one year.

And for the record, there is nothing in the U.S. Constitution that guarantees the right to smoke. Prohibition of smoking is not covered under the laws governing privacy.

This Town Hall meeting was attended by approximately 35 people. Mr. Tilburg said he would be happy to return for any further educational purposes. The essentials including his talk and a Q&A ran about one hour. Kudos to the Smoking Exploratory Committee for an informative well run meeting.