Woodland Hills anti-smoking activist declared a nuisance

A man who fought against secondhand smoke by spraying smokers with water as they lounged by a pool is being evicted from an apartment complex in Woodland Hills. A Van Nuys Superior Court jury agreed on Tuesday that John Birke, who has lived with his wife and daughter at the Oakwood Apartments for nearly 20 years, caused a nuisance when he wet smokers with water two years ago using a spray bottle. In 2011, Birke also took pictures of teenagers smoking by the pool, in an effort to force Oakwood Worldwide to establish rules for smokers in a common area of the complex. His daughter, 11, and wife both suffer from asthma, he said.

"I was stunned and then as I thought about it, I thought it was an absolute obscenity," Birke said Wednesday of the verdict. "This is is the culmination of Oakwood's efforts for the last 10 years to harass and intimidate us with their lawyers all because we had the audacity to ask repeatedly for them to make some area of their 20 acre property nonsmoking so my asthmatic daughter can use the pool." Birke, an attorney, said he will move from the complex, but he plans to appeal the decision. In a statement, Oakwood Worldwide officials said they are pleased with the outcome. "Our top priority is to provide a comfortable and safe living environment for our guests," said Oakwood spokeswoman Sharron Saunders.

"We have voluntarily taken steps in order to accommodate the vast needs of our guests, allowing everyone to enjoy the amenities offered at the property. Clearly, the jury understood." She said Oakwood facilities would adhere to government policies on where residents can and cannot smoke. "Oakwood will continue to abide by all state and local laws regarding smoking policy and restrictions," she said. While Los Angeles has been at the forefront in banning smoking in restaurants, bars, at farmer's markets, parks and even near food trucks, the laws stop short from prohibiting smokers lighting up in apartment complexes. In 2006, Calabasas was the first to ban lighting up in all public places, apartment common areas, restaurants and bars.

City officials also ruled two years ago that 80 percent of all apartments must be permanently designated nonsmoking units this year. Other cities such as Burbank and Pasadena have followed in an effort to prevent unwanted secondhand smoke across the city, including parks, parking lots, enclosed public areas and common areas in apartment buildings. Birke, an attorney, has said he is not against smokers but says there is much evidence that secondhand smoke is a health threat and a public nuisance. In the 1990s, he collaborated with S.A.F.E, or Smokefree Air For Everyone, one of the groups that convinced the Los Angeles City Council to vote to ban smoking inside restaurants. "To the best of my knowledge, (this) has never happened before," said Esther Schiller, with S.A.F.E.

"This situation sounds to me like retaliatory eviction and that the jury believed the wrong people. It will make it more difficult for people who are breathing a neighbor's tobacco smoke to complain to management." Others said laws in Los Angeles are protective of tenants enough that someone can't be removed just for complaining about smoking, but it was Birke's behavior that led to his eviction. "It sounds like this man got frustrated and took the law into his own hands," said Jim Clarke, executive director for the Apartment Association of Greater Los Angeles.

"In these situations, when it's one against a number of people, that person becomes a nuisance." Birke has filed several lawsuits against Oakwood, one on behalf of his daughter, and one for his wife, saying their rights were violated because secondhand smoke is a public nuisance that violates their rights. Both cases are pending. "I'll keep going until the last court makes the very last decision," Birke said.