April 20, 2006

This Will Be An Interesting Day

Last evening, I learned that the property management company, from which my employer—Seattle Weekly—leases its offices, has declared a smoking ban in an alley behind the building. That’s where employees from the Weekly and other building tenants take their smoke breaks. Most of them follow the provisions of the state’s new Clean Indoor Air Act, which requires among other things that smokers stay 25 feet away from the entrances to publicly-accessible buildings, windows that open from these buildings and air intakes from the same. The alley and the sidewalk are both public property. I can find no ordinances or other local laws that state otherwise.

When I smoke out there, I do so on the sidewalk 25 feet away from entrances to the building. Even though I think the law is nuts (the 25 foot rule is a “presumptive safe distance,” and there is no data to back it up), I have decided to join my fellow smokers and stay 25 feet from entrances until this silly law can either be overturned in court or amended by the legislature. What’s more, Roger Valdez, the chief enforcer of the smoking ban in King County, has twice told me that the standard of enforcement is whether or not smoke is actually entering a building. I know for fact that no smoke is entering the building through doors, windows or air vents. It’s kind of windy down there mere blocks from Puget Sound.

But, now, the property management company has decided that smokers complying with the law just isn’t good enough for them. My guess is that this action is being driven by one occupant in the building, who has twice harassed me for smoking, even though I was obeying the law. I don’t know this man’s name. He has refused to provide it to me when I have asked him to do so. Last week, he gave me the middle finger.

Today ought to be an interesting day since I was at home yesterday with a stomach problem. When I get to work, I will review the memo from the management company. Then I will go outside and smoke on the sidewalk in the alley--all while obeying the 25 foot rule. I trust my employer will remain mute on this issue unless it merits coverage in the pages of the paper.

This nonsense over the 25 foot rule needs to stop. I hope I don’t get arrested or fined in the process. I cannot afford a lawyer or court fines. But I also cannot afford not to stand up to this nanny state horseshit and Seattle's emerging culture of presumption. This is America, not Singapore.

Posted by Philip Dawdy at April 20, 2006 12:06 AM
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Comments

Where was this bird flipper positioned per your smoke exhalation? was it wafting into his home? his window? his face closer than 25 (ahem get some lime green tape and measure it for him)from your workplace, the said building that permits you now, by law and you are entitled to smoke BY LAW 25 feet from this building. You have the right to take breaks at work, 2 times a day, and now you have a right to smoke anywhere you damn well please 25 feet from an entrance to a building. I do not believe they were counting windows, if they did, that in itself is a pile of shit. Make sure he doesn't walk across your tape line with his bullshit. You have the right to smoke without it.

Posted by: Stephany at April 20, 2006 08:05 AM

One more thing, Valdez most likely will not go upstairs and take a measurement of parts per billion to see if said smoke entered in any other way than via the damn door. Oh come on, I wish there was more time and money and effort spent finding the mentally ill housing, the homeless housing, and guess what? they smoke too, so good fucking luck with that, law making assholes. Side note, and I always have one: because my daughter does not smoke--she usually wasn't allowed outside at Western State's afternoon smoke break, though why they couldn't combine the group, who cares, she always waited to play basketball when there was a staff available and me to go acting as 2nd staff. Now, add the mental health aspect to this smoking ban. On the grounds of Western State Hospital, where they won't allow caffeinated soda and admire their so called healthy dietian planned meals, they still allow people the right to a smoke. Guess the State can't afford Nicotine gum or patches. Smokes are a hot commodity on that property, within the patient zones. Back to the 25 feet rule: no way can this be applied to certain areas. That back alley ban is jumping all over your rights on a public access to do what is legal. Reminds me of a neighborhood that placed speed bumps and "thru traffic only" signs in it. I cut through anyway and told the cop that I was driving on a King County maintained, and owned road, and I as a tax payer have every right to be on it. So go smoke in the alley. Get it in the paper. What are you waiting for?

Posted by: Stephany at April 20, 2006 08:13 AM

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