Our organization is writing to you due to a reported incident concerning Ms. X and Mr. Y (names withheld). We have in our possession a copy of the letter you sent to these individuals dated December 9, 1998. We are a community-based action coalition. Our goal is to seek peaceful solutions to smoking-related disputes.

We were disappointed to find that you believe that everyone who lives in your complex has a right to smoke. We try to remain current with laws and local ordinances, but we are unaware of any existing New Mexico statute, local city ordinance or constitutional provision either within the New Mexico Constitution or U.S. Constitution that guarantees an individual the right to smoke.

We are aware of the horrible illnesses and disease associated with cigarette smoking. We fully believe that the tobacco industry has furthered malicious and unethical practices that have led to the addition and premature death of many millions of Americans.

As we are not lawyers, we cannot comment directly on the fact that your organization has classified the activities of Ms. X and Mr. Y as matters of harassment. We do believe the First Amendment of the U.S. Constitution does provide that citizens may engage in peaceful discussion and assembly. Are you suggesting that they do not have such privileges within the complex?

Ms. X has told us that she suffers from severe allergies and is asthmatic. There are provisions that protect such individuals under the Americans with Disabilities Act. We hope that you are being fully sensitive to these issues.

We ask that you reconsider your position with these two fine individuals. We hope that you all may find a middle ground and that there is no further need for discussion of fines or evictions.

Thank you in advance for your anticipated cooperation.

Scott Goold
CCAA Director

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