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Rocky Mountain Environmental Health Association

Disability by Tobacco Smoke Resources

This page presents links to many resources who claim to be concerned about controlling tobacco. Perhaps some of them may be able to truly address the problem of tobacco smoke directly and severely injuring bystanders who have medical reason to totally avoid all exposure to a pervasive Class A carcinogen that the U.S. Surgeon General tells us that there is no safe level of exposure for anyone.

Smoke-Free Environment Law Project

The Smoke-Free Environments Law Project, at The Center for Social Gerontology, has a number of very informative summary papers on such areas as the "The Federal Fair Housing Act and the Protection of Persons Who are Disabled by Secondhand Tobacco Smoke in most Private and Public Housing."

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GASP of Colorado

Contact GASP (Group to Aleviate Smoking Pollution) of Colorado.

in Colorado. See their Education Center.

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Smokefree Air for Everyone

Contact S.A.F.E. in California.

in California.

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Smokefree Apartments

Contact Smokefree Apartments -

in California.

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Public Health Law

Contact Public Health law

(Located in California.)

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Smoking Hurts

Contact Smoking Hurts in San Antonio, Texas.

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Breath in California

Contact Breath in California.

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Boulder County Tobacco Control

The following site supports tobacco control efforts in Boulder County, and is in the process of developing local smokefree housing.

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My Smoke Free Housing, Colorado Area

The following web site lists rental housing around Colorado that claim to provide smokefree premises. Definitely check them out very well before committing to a rental agreement.

The following web site is for managers of rental housing around Colorado that supposedly provide smokefree premises.

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Michigan Smokefree Apartments

Contact Michigan Smokefree Apartments -

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Association for NonSmokers' Rights, Minnesota

Contact Association for NonSmokers' Rights of Minnesota -

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Access Board

The Access Board is a Federal Agency that emphasizes accessibility for persons with disabilities.

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Action on Smoking and Health

Contact Action on Smoking & Health (ASH) in Washington D.C.

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Americans for Nonsmokers Rights

Contact Americans for NonSmokers' Rights in California.

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Tobacco Law Project

Contact the Tobacco Law Project -

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ADA Complaint

And do file an ADA complaint.

Before seeking the protection of ADA from second-hand smoke, ask yourself the following three questions:

  1. Am I probably disabled under the ADA, that is, do I suffer from a physical impairment that substantially limits one or more major life activities such as breathing, walking?
  2. Have I been discriminated against by an employer (or potential employer) within the past 6 months, or by a state or local government (i.e., access to services); or by a manager or owner of a public accommodation due to a smoking policy that exposes me to ETS?
  3. Have I brought my disability to the attention of the entity, asserted rights provided by the ADA, and attempted to negotiate a resolution including reasonable accommodation or reasonable modification of policies or practices?

If you have answered "yes" to these three questions and you are still being denied a reasonable accommodation or policy modification, you may wish to consider asserting your rights to smoke-free air under the Americans with Disabilities Act or state disability anti-discrimination statute.

For more information about the The Americans with Disabilities Act, see -

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OSHA Complaint

Or file an OSHA complaint. While OSHA has traditionally handled workplace health issues, they are increasingly addressing the secondhand tobacco smoke problem throughout our society.

How to File an OSHA Complaint Regarding Secondhand Environmental Tobacco Smoke (ETS). The following text discusses filing a complaint for a workplace situation. Change the text appropriately for your situation.

People who have a concern about ETS (secondhand smoke) in the workplace can request that a letter be sent to employers/owners from OSHA. The process is handled electronically through an OSHA website. The identity of the person &quit;filing&quit; the complaint and requesting the letter be sent can be kept confidential, if requested on the complaint form. Please refer to the following web sites for instructions on accessing filing the complaint form.

The OSHA complaint process is described at:

The OSHA complaint can be filed through the Internet, beginning at

Load the OSHA complaint form at this web site:

Complete the OSHA complaint form online at:

or download it at:

When filing a complaint against an Establishment (Bar, Restaurant, Night Club and/or etc.) because of ETS exposure, please use the OSHA complaint form OSHA-7, Notice of Alleged Safety and/or Health Hazards.

Be prepared to have the Establishment Name, Establishment Street Address, City, Zip Code, Establishment Phone Number, Establishment Fax Number (if known), Owner/Manager Name (if known), and Type of Business. There are some additional entries but they are self-explanatory.

If the person filing the complaint wants to receive a copy of what was faxed to the Establishment/Employer, then the person needs to give their name and mailing address. Please note that there is a box on the OSHA complaint form for the complainant to check-off that they do not want their name revealed to the employer.

The OSHA 'phone & fax' method gives the Establishment/Employer five (5) days to respond back to OSHA with a formal written reply to the complaint allegation(s). If the Establishment/Employer requests additional time to make corrective actions, then a reasonable amount of time is usually granted as long as the employer is held to a new response date and as long as the Establishment/Employer provides additional written documentation of what corrective measures were implemented.

Important Detail - When preparing the complaint include the following or similar language on the form:

  1. Employees of (Establishment Name) are being exposed to levels of various chemicals (secondhand environmental tobacco smoke) known to cause numerous health hazards, including cancer, even in otherwise healthy adults.
  2. Optional: Insert an additional complaint item that would discuss the specific health symptoms presently being experienced and/or the known diseases that have been diagnosed and/or the current medical conditions that are being exacerbated by exposure to the airborne levels of secondhand environmental tobacco smoke in the establishment. Include copies of doctors' statements about the smoke being life threatening for you.

Also important - do not mention 'smokers' or 'smoking' - you are affected by secondhand tobacco smoke. You are is not 'bothered' by smokers; you is not concerned about people smoking. You are, as has been pointed out by your doctors, must be accorded smokefree air in your living spaces. Do not allow people to change the subject to smoking.

Examples include:

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Tobacco Notes and Happenings

This section lists references to many articles about smokefree housing and concerns.

Smoking during pregnancy increases the risk of childhood neurological problems and attention deficit hyperactivity disorder (ADHD). A study in Denmark and Finland reported ADHD rates were significantly higher if the mothers smoked ten or more cigarettes a day during pregnancy.
Obel, Carsten, et. al. Smoking During Pregnancy and Hyperactivity inattention in the Offspring.
International Journal of Epidemiology, 2008

Smoking significantly increases the rates of macular degeneration onset and continued development. This study did not report any relation between the macular degeneration and secondhand tobacco smoke, but more research is needed in that area.
Klein, Ronald, et/ al. Further Observations on the Association between Smoking and ... Macular Degeneration.
Archives of Ophthalmology, 126(1):115-121. January 2008

A study in Singapore reported that secondhand tobacco smoke significantly increased the risk of eye and nose irritation among children in day care facilities.. The study also reported that secondhand tobacco smoke was associated with significantly higher levels of asthma, rhinitis, and rhinoconjunctivitis.
International Archives of Allergy and Immunology, 146(1):57-65. December 2007

Exposure to tobacco smoke increases the risks of sudden infant syndrome (SIDS),asthma, respiratory infections, and middle ear infection considerably more than previously believed. The smoke was also associated with behavioral and learning problems in the children.
Yolton, Kimberly, et. al., Exposure to Environmental Tobacco Smoke and Cognitive Abilities among U. S. Children and Adolescents.
Environmental Health Perspectives, 113(1):98-103. January 2008

Since Minnesota's "Freedom to Breathe Act" went into effect on October 1, 2007, hospitality workers have experienced significantly reduced rates of exposure to the lung cancer causing materials in the smoke.

Tobacco smoke and lead synergistically increases the incidence of attention deficit hyperactivity disorder (ADHD) according to new research at the Cincinnati Children's Hospital Medical Center. Children exposed to the combination of lead and tobacco smoke were some eight times more likely to develop ADHD.

A study based on over 2,000 Italian women reports that second hand tobacco smoke significantly increases the risk of getting asthma and its complications among people who never smoke.
Simoni, Marzia, et. al., Respiratory Symptoms ... in Never Smoked Italian Women.
Respiratory Medicine, August 2006

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Tobacco Industry Documents

Here are links to archives of many of the tobacco industry documents that were released as a result of recent legal actions. Just in case you wish to do further basic research. One detail that came out from these documents is the fact that some of the tobacco companies were very interested in the effects of pesticides on tobacco many years ago. Just perhaps they knew that tobacco smoke was very bad for everyone back then?

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Search Engines

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Revised '21-Dec-2009,11:59:26'