Apparition saidI agree with the if kids are present part. Smoking in a house your kids live in is abuse of the first order. Take your butt outside.
I don't think that's necessarily the issue here. It has to do with multi-residential dwellings like condos. If you own a condo, should you be able to smoke within your 'owned' walls? What if that smoke/smell dissipates into hallway when you open your door and the other units can smell it? Where do you draw the line on infringing on personal rights? This is exactly the situation I have. I don't like the smell of smoke when I come home but one person on our floor smokes so you can smell it in the hallway occasionally.
This is Berkeley we're talking about too. Known for grabbing the public's attention by their crazy ideas
Someone correct me if I'm wrong but if I read all that right (I googled other articles so might be confusing what I read yesterday), they already had a similar law on multi family units. This was for single family (to make things fair).
I can almost see it justified for multi which share air handling between units, but even then only if there was no filtration system for the actual smoke particles. If this is just about smell, not smoke, then that's bullshit. If the smell is bad, you move.
Because then the law isn't about health but about aesthetics and next we'll have laws about someone cooking paella (a Colombian roommate of mine used to make this fish stew that stunk up the entire neighborhood), never mind perfumes and locker room body odor. I simply don't breathe while walking through certain parts of a department store. Problem solved.
Now try walking past a room where someone just had anal sex: talk about odor that ought to be outlawed.