I was contacted today by, Jeff Fattah, a reporter from the Ogden Standard Examiner, who informed me that Douglas McFarland of Centerville, Utah, was being evicted from the condo he lives in because his neighbors, Matthew and Amanda Parish, were offended by his second hand smoke.  The couple has filed suit against the condominium association for not enforcing a 1996 provision in the Utah nuisance laws which gives multi-unit residences the power to remove smokers if non-smokers object.  This suit is apparently the first of it's kind in the nation.

Mr. McFarland has been renting the space from the condominium owner, who was sympathetic to his situation for two months, but now that a suit has been filed she has agreed to evict him.  The suit is also based upon claims of health risks to the plaintiffs.

I expressed my opinion that smokers do not have the right to force non-smokers to participate in their behavior, any more, or less, than neighbors have the right to barbecue on their patios.  Several nuisance suits have been filed in this state against people who have barbecued outside and offended their neighbors, but in no case was the defendant found to be misusing their private property so the suits have failed.  I also pointed out the July, 1998 ruling in federal court which overturned the 1993 EPA study on  passive smoke, the judge indicating that the study was designed to reach a preconceived conclusion, so claims that passive smoke is a significant health hazard are therefore invalid.

But a man is being thrown out of his home for smoking.  If barbecues can not be prevented in spite of them being no less of a health hazard, while being far more annoying than a whiff of cigarette smoke, then this constitutes discrimination against smokers without cause.  It is my opinion that should Mr. McFarland be forced to move, then Mr. and Mrs. Parish, the State of Utah, the condo owner and the condominium association should all be held liable on charges of discrimination.  The alternative is setting a >legal precedence where anyone can be forced out of their home if one's neighbor doesn't care for the sent of your perfume. Sincerely,

Dan Cracraft
President, Freedom of Choice, Inc.
a non-profit Utah social organization