Smoker’s Rights? Not In The Constitution, Buddy!

A man in a Naples, Florida condo is steaming over his Homeowners Association voting to ban smoking on the front porch. He smokes cigars on his lanai. But under the new rules he’ll have to take his stogie indoors.

I understand his concern about personal rights, but he’s actually getting off pretty easy right now. Across the country the courts have ruled that HOAs can also ban all smoking indoors!

There are some well-recognized court cases including one in Jefferson County, Colorado where condo and townhome owners have complained that cigarette and cigar smoke seeps through walls and becomes an annoyance to others. In Naples, smokers are being ordered to take their habit indoors, while elsewhere in the country they’re being ordered to go outdoors. Whether they like it or not, smokers are discovering that the world is turning against them.

I’m not for or against the new laws, just an observer.

(link to FOX4 story on smokers)

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Ward Lucas is a longtime investigative journalist and television news anchor. He has won more than 70 national and regional awards for Excellence in Journalism, Creative Writing and community involvement. His new book, "Neighbors At War: the Creepy Case Against Your Homeowners Association," is now available for purchase. In it, he discusses the American homeowners association movement, from its racist origins, to its transformation into a lucrative money machine for the nation's legal industry. From scams to outright violence to foreclosures and neighborhood collapses across the country, the reader will find this book enormously compelling and a necessary read for every homeowner. Knowledge is self-defense. No homeowner contemplating life in an HOA should neglect reading this book. No HOA board officer should overlook this examination of the pitfalls in HOA management. And no lawyer representing either side in an HOA dispute should gloss over what homeowners are saying or believing about the lawsuit industry.

1 thought on “Smoker’s Rights? Not In The Constitution, Buddy!

  1. Nila Ridings

    Richard the renter needs to start packing. His landlord will flip if he’s smoking cigars inside (I would, too) and his landlord is in for the proverbial bank busting lawsuit if he smokes outside. He’s toast.

    BTW Richard it makes no difference how many of your family members served in the United States military because you moved into an HOA where you have to abide by their rules because your landlord signed away his (and yours in this case) US Constitutional Rights.

    Happy Home Hunting, Richard!


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