Problem/Objective: Tobacco control advocates are looking for innovative ways to address the problem of exposure to drifting secondhand smoke. Declaring secondhand smoke to be a nuisance can be a useful tool for combating exposure, especially in a residential context. This presentation is designed for government attorneys, public health department staff, and community based organization staff.

Methods: The legal concept of nuisance offers a powerful and adaptable approach to address the problem of unwanted exposure to secondhand smoke. Traditional examples of nuisances are loud noises, extreme odors, or severe vibrations that make the use and enjoyment of one's property all but impossible. Local or state government can pass a law that defines secondhand smoke a nuisance.

Results: When local or state government pass a law declaring secondhand smoke a nuisance, it can lead to protection from unwanted secondhand smoke anywhere it may occur, such as around doorways, at businesses, in public places, and in multi-unit residences. Defining exposure to unwanted tobacco smoke as a type of nuisance is especially helpful in the residential context because it gives tenants affected by drifting secondhand smoke a stronger position from which to negotiate or litigate a solution. This approach has already been implemented by the state of Utah and two California cities.

Conclusions: By gaining a solid understanding of nuisance law, tobacco control advocates will be able to apply this innovative legal approach and determine whether it is a policy objective they would like to adopt to address exposure to secondhand smoke.