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Denver Housing Authority candles & incense ban & HUD smoking ban - 2017:June back to: Civic Satisfaction - face to face
HUD & DHA current LRC Motion - or .doc HUD & DHA current Petition - or .doc 20 signature sheet - or .doc Introduction for DHA Residents at RCB - or .doc
We'll be mounting a national petition drive soon, so stay tuned - All help appreciated Walt Geisel, 303-946-9633 Irma DeLeon, 720-660-4711

Latest from Walt: RCB, DHA Admits Ban, Petitions and LRC Motions Against Bans

Went to Denver Housing Authority’s (DHA) Regional Council Board (RCB) meeting, mostly to pass out the model petition, signature sheet, and instructions, to educate about my research and share. Talked so much during breakfast (concern is high) that I only covered 3 of 19 Local Resident Councils (LRC) before DHA folk asked me not to petition.

Angela Fletcher, the new top person in DHA, admitted that the candle and incense ban is DHA’s (Finally!). They're for lower insurance rates (Like to know how much.). She seemed shocked by the push back over these bans. Lots of questions. I thanked her for allowing us to use our barbecue and for acknowledging the ban, but shouldn’t DHA have published and taken comments on their ban as HUD and DHA’s rules dictate? She said it was legal. She also said DHA will hold some meetings.

During lunch I quickly passed out contact and education information before being asked whether I was petitioning, again. I gave them copies. Dion took me aside and explained that they would prefer LRC motions passed up to the RCB. I agreed to follow their procedures.

Talked to people from Mountain View Tower and Eliot Cottages. We decided to finish the petition at this site and present the signatures with the motion, encourage all LRCs to make motions and decide whether or not to petition, too. Apparently, petitioning at other sites is against the rules.

Next we finally get to national and HUD petition(s) online. May need some Denver media articles.

Wednesday 2017:May:17

HUD & DHA current LRC Motion - or .doc HUD & DHA current Petition - or .doc 20 signature sheet - or .doc Introduction for DHA Residents at RCB - or .doc Back to Top
 

LRC Motion on HUD Smoking Ban and DHA Candle, Incense Ban

A More Balanced Approach for Apartments, Balconies or Porches

 

Summary:

Whether or not we are smokers, we object to new HUD rules that prohibit smoking within 25 feet of our supported residences and DHA’s ban on candles and incense.
Many of us appreciate or will appreciate the help to cut down or quit smoking, but no one appreciates being forced.
Allow your elders the dignity to choose what changes we are ready for.
We are stakeholders who were never informed of plans for such rules nor asked for comment.
A balanced approach for apartments and balconies or porches is possible.
Since HUD’s analysis of the ban is anti-tobacco, we ask for a benefit cost comparison with balanced ‘reasonable accommodation.’
Finally, we thank DHA for allowing barbecue and taking credit for theirs, but the candle and incense ban needs hearings and comment.

 

We are mostly disabled, elderly and poor. Sending such smokers into the weather is often a health risk. Sending vulnerable folk out to the periphery of the property opens many to internal and external predators in equally desperate situations who look for marks. How does it reflect on Housing Authorities to have disabled and elderly standing on the public sidewalk smoking? You have already failed to control illegal drugs, now you can fail with tobacco. Some residents are quite angry.

Non-smokers are shocked and agree the ban is mean and over-reaching, what conservatives call ‘nanny state’ or a true example of ‘the road to hell is paved with good intentions.’ Even amid Boston’s much touted success, they admit the ban is resented, stresses all, a few smoke more and non-smokers are little concerned about second hand smoke but do feel empathy. Many cut down by snuffing a cigarette or pipe after a few puffs, and know they’ll smoke more with an enforced ‘smoke break.’ We know employees feel for smokers. HUD’s policy of reasonable accommodation is broken: The ban divides smokers and non-smokers, just as race, religion, sex and more are used to divide and conquer. (Just as Prohibition and the War On Drugs have proved more costly and harmful than effective, so too we should keep tobacco discussions above ground.) The ban affects a specific class of vulnerable people, only, which is illegal. We make no claim of a Right to smoke, but smoking is legal. Yet to enforce the ban invades our privacy, which is unconstitutional.

We are mostly elders in our twilight years who helped our younger generations use much less tobacco. You and we helped our children balance these vices, yet now you punish us.

Perhaps the answer lies in precedent: Minnesota includes apartment smoking as a reasonable accommodation. We can accommodate smoking in apartments where smoke does not drift to other apartments or correct such second hand vapors of any sort. DHA, like many Public Housing Authorities, has smoking and smoke free buildings. As numbers of especially elderly smokers in supported facilities decrease, so will the number of smoking sites while construction improvements will last. This voluntary segregation of smokers and people who do not object is legal. Precedent also says we have paid rent on our apartments, sometimes for decades. The smoking ban need only apply to public areas.

Many feel we could compromise from smoking in apartments to smoking on balconies or porches, as many already do. Especially when balconies or porches have barriers that break wind currents to adjoining apartments, or wind barriers are easily constructed, smoking should be allowed on balconies and porches. Both would be best, but we could accept one or the other given the construction of our units or buildings as reasonable accommodation.

We understand that nicotine is the most addictive substance known to man and doubles the risk of many maladies. Nicotine is also the only stimulant that is more a mental than a body stimulant. Data indicate chemical additives are more the problem than tobacco itself. While smoking causes many problems the most ardent anti-smokers are former smokers, though we actively appreciate their trauma, don’t smoke in public areas and ask if any mind elsewhere. Most of the cost complaints of cleaning smoky units come from landlords who don’t want to paint or even use a damp cloth. Still many of us could handle a small increase in Damage Deposit, as a reasonable accommodation.

As Stakeholders we know of no one who was informed of this ban coming or offered a chance to comment. Yet apparently anti-smoking advocates were informed. So we make this motion, now, as is our Right.

We ask that HUD build a team who would stand with us do a benefit cost analysis including smoking ban secondary costs of defiance, homelessness, resistance, litigation and loss of trust and openness, compared to the economic benefits of partnership and balance with minor air flow corrections. You know social services stimulates the economy, which returns more taxes that spent, yet these bans could harm that return.

Separate but intertwined with HUD’s smoking ban, DHA’s new policy of no candles or incense is worse, adding insult to injury. Our residences are very fire safe. HUD discussed and overtly did not include these in their ban. We thank DHA for again permitting barbecues and owning up to this ban but as stakeholders we ask for hearings and a vote of the people as some of our City Council have suggested over smoking in parks.

Catholics and other Christians burn candles, Jews use the menorah. First People cleanse with sacred sage smoke and Buddhists used incense long before aroma therapy, all as our free religious practice. No romantic candlelight dinners or birthday candles with grand-kids? Would you stand idle, when power goes out for 18 hours like last Christmas at Mountain View and Eliot Cottages, and your parents say, “Don’t worry about me, I’ll just sit here in the dark.”

Again, as your renters we appreciate your help. Doing good is your mission, but so is our dignity and choices. We ask DHA to pull back from Dominant/Submissive culture and lean toward Partnership culture. Honesty is essential to make our system work and gain the economic boost from social services that returns more to government. We hope you will join us and push HUD to more balanced reasonable accommodation. With the rise in power of those who blame victims, we ask our federal and local authorities to stand with the most vulnerable. We will also contact other residents and public housing authorities, our representatives and advocates, but hope you will ease these Draconian rules.

HUD & DHA current LRC Motion - or .doc HUD & DHA current Petition - or .doc 20 signature sheet - or .doc Introduction for DHA Residents at RCB - or .doc Back to Top
 

HUD Smoking Ban and DHA Candle, Incense Ban, 2017:May:15

A More Balanced Approach for Apartments, Balconies or Porches


Summary:

Whether or not we are smokers, we object to new HUD rules that prohibit smoking within 25 feet of our supported residences.
Many of us appreciate or will appreciate the help to cut down or quit smoking, but no one appreciates being forced.
Allow your elders the dignity to choose what changes we are ready for.
We are stakeholders who were never informed of plans for such rules nor asked for comment.
A balanced approach for apartments and balconies or porches is possible.
Since HUD’s analysis of the ban is anti-tobacco, we ask for a benefit cost comparison with balanced ‘reasonable accommodation.’
Finally, DHA’s candle and incense ban needs hearings and comment.


We are mostly disabled, elderly and poor. Sending such smokers into the weather is often a health risk. Sending vulnerable folk out to the periphery of the property opens many to internal and external predators in equally desperate situations who look for marks. How does it reflect on Housing Authorities to have disabled and elderly standing on the public sidewalk smoking? You have already failed to control illegal drugs, now you can fail with tobacco. Some residents are quite angry.

Non-smokers are shocked and agree the ban is mean and over-reaching, what conservatives call ‘nanny state’ or a true example of ‘the road to hell is paved with good intentions.’ Even amid Boston’s much touted success, they admit the ban is resented, stresses all, a few smoke more and non-smokers are little concerned about second hand smoke but do feel empathy. We know employees feel for smokers. HUD’s policy of reasonable accommodation is broken: The ban divides people just as race, religion, sex and more are used to divide and conquer. (Just as Prohibition and the War On Drugs have proved more costly and harmful than effective, so too we should keep tobacco discussions above ground.) The ban affects a specific class of vulnerable people, only, which is illegal. We make no claim of a Right to smoke, but to enforce the ban invades our privacy over a legal behavior, which is unconstitutional.

We are mostly elders in our twilight years who helped our younger generations use much less tobacco. You and we helped our children balance these vices, yet now you punish us.

Perhaps the answer lies in precedent: Minnesota includes apartment smoking as a reasonable accommodation. We can accommodate smoking in apartments where smoke does not drift to other apartments or correct such second hand vapors of any sort. DHA, like many Public Housing Authorities, has smoking and smoke free buildings. As numbers of especially elderly smokers in supported facilities decrease, so will the number of smoking sites while construction improvements will last. This voluntary segregation of smokers and people who do not object is legal. Precedent also says we have paid rent on our apartments, sometimes for decades. The smoking ban need only apply to public areas.

Many feel we could compromise from smoking in apartments to smoking on balconies or porches, as many already do. Especially when balconies or porches have barriers that break wind currents to adjoining apartments, or wind barriers are easily constructed, smoking should be allowed on balconies and porches. Both would be best, but we could accept one or the other given the construction of our units or buildings as reasonable accommodation.

We understand that nicotine is the most addictive substance known to man and doubles the risk of many maladies. Nicotine is also the only mental stimulant more than a body stimulant. Data indicate chemical additives are more the problem than tobacco itself. While smoking causes many problems the most ardent anti-smokers are former smokers, though we actively appreciate their trauma, ask if any mind and don’t smoke in public areas. Most of the cost complaints of cleaning smoky units come from landlords who don’t want to paint or even use a damp cloth. Still many of us could handle a small increase in Damage Deposit, as a reasonable accommodation.

As Stakeholders we know of no one who was informed of this ban coming or offered a chance to comment, Yet apparently anti-smoking advocates were informed. So we petition now, as is our Right.

We ask that HUD build a team who would stand with us do a benefit cost analysis including smoking ban secondary costs of defiance, homelessness, resistance, litigation and loss of trust and openness, compared to the economic benefits of partnership and balance with minor air flow corrections. You know social services stimulates the economy, which returns more taxes that spent.

Separate from HUD’s smoking ban, DHA’s new policy of no candles or incense is worse, adding insult to injury. Our residences are very fire safe. HUD discussed and overtly did not include these in their ban. DHA should publish their parallel ban, not imply candles and incense are a HUD rule, allow stakeholders a hearing and a vote of the people as some of our City Council have suggested over smoking in parks.

Catholics and other Christians burn candles, Jews use the menorah. First People cleanse with sacred sage smoke and Buddhists used incense long before aroma therapy, all as religious practice. No romantic candlelight dinners or birthday candles with grand-kids? Would you stand idle, when power goes out for 18 hours like last Christmas at Mountain View and Eliot Cottages, and your parents say, “Don’t worry about me, I’ll just sit here in the dark.”

Again, as your renters we appreciate your help. Doing good is your mission, but so is our dignity and choices. We ask DHA to pull back from Dominant/Submissive culture and lean toward Partnership culture. Honesty is essential to make our system work and gain the economic boost from social services that returns more to government. We hope you will join us and push HUD to more balanced reasonable accommodation. With the rise in power of those who blame victims, we ask our federal and local authorities to stand with the most vulnerable. We will also contact our representatives, other public housing authorities, residents and advocates, but hope you will ease these Draconian rules.

HUD & DHA current LRC Motion - or .doc HUD & DHA current Petition - or .doc 20 signature sheet - or .doc Introduction for DHA Residents at RCB - or .doc Back to Top
 

HUD Smoking Ban and DHA Candle, Incense Ban

Signature                                                                                                   Date                               Apt

                                                                                                                                                               

                                                                                                                                                               

                                                                                                                                                               

                                                                                                                                                               

                                                                                                                                                               

                                                                                                                                                               

                                                                                                                                                               

                                                                                                                                                               

                                                                                                                                                               

                                                                                                                                                               

                                                                                                                                                               

                                                                                                                                                               

                                                                                                                                                               

                                                                                                                                                               

                                                                                                                                                               

                                                                                                                                                               

                                                                                                                                                               

                                                                                                                                                               

                                                                                                                                                               

                                                                                                                                                               

HUD & DHA current LRC Motion - or .doc HUD & DHA current Petition - or .doc 20 signature sheet - or .doc Introduction for DHA Residents at RCB - or .doc Back to Top
 

HUD Smoking Ban - and - DHA Candle, Incense Ban

Introduction for DHA Residents at RCB


Whether or not you are smokers, you know many who object to new HUD rules that prohibit smoking within 25 feet of our supported residences. More are shocked at DHA’s parallel ban on candles and incense. This model petition hopes to start a groundswell of interest and to educate concerned residents, certainly within DHA and hopefully across the nation. Most agree that smoking is a problem, but forcing many to quit is wrong, aside from the dangers and lack of HUD and DHA’s usual ‘reasonable accommodation.’

Whether or not you are interested, have time or energy for this project, as leaders, you know those who do, from interested or knowledgeable, to those who will take this door to door. The petition may be altered to suit your local concerns, or electronically copied at the site below. Also please connect, again below, with others who might like to copy your ideas. A 20 signature sheet is also here and at the website for copying. Please make copies of your petition for those few who actually want a copy and to include when your people submit. You can make a big production of your petition submission to HUD and DHA, perhaps all of us together or just fax them at the numbers below.

The official HUD rule comment period has already passed. Yet as very definite stakeholders, we were only informed after. Anti-tobacco groups seem to have been informed before. Still in politics all is open for review and appeal. DHA has held no hearings we know of, contrary to DHA and HUD rules. We will be opening a national petition online, as soon as we can and after we bring in the residents of DHA, you, us. We don’t want to threaten HUD funding, but we would like DHA to push back for us. We are early in exploring our options, so stay connected.


Contacts, so far:

Walt Geisel, walt@CivicSatisfaction.org, 303-946-9633, # 808 Mountain View, 1212 S. Federal 80219
Irma DeLeon, irmad5948@gmail.com, 720-660-4711, # 36, Eliot Cottages, 1220 S. Federal 80219

Electronic copies at: CivicSatisfaction.org/Petition.htm

Department of Housing and Urban Development, 1670 Broadway, Denver, Colorado 80202-4801
Phone: (303) 672-5440, Fax: (303) 672-5004

DHA: 777 Grant St., Denver, 80203
Fax: 720.932.3001

HUD & DHA current LRC Motion - or .doc HUD & DHA current Petition - or .doc 20 signature sheet - or .doc Introduction for DHA Residents at RCB - or .doc Back to Top