OLRS challenges smoking ban on individuals with disabilities who receive in-home services

In response to the enactment of the Smoke Free Workplace Act, the Cuyahoga County Board of Mental Retardation and Developmental Disabilities (CCBMRDD) recently sent all agency providers in its county a memorandum concluding that the Act bans smoking in private family homes, supported living homes, and licensed group homes while staff are present or on duty. These provisions were interpreted by the CCBMRDD to mean that an individual receiving supports or services is not permitted to smoke in his or her own home during those times a provider is present providing services. It was unclear how the Board proposed to enforce these provisions.

OLRS challenged the CCBMRDD's interpretation of the Act and how CCBMRDD would enforce the ban. The CCBMRDD will defer enforcement of the Act to the Ohio Department of Health, and is urging providers to consult their own legal counsel prior to implementing the Act.

OLRS would like to hear from people with disabilities throughout Ohio receiving services in their own residences who are being threatened with loss of services because of implementation of the Smoke Free Workplace Act.

Read OLRS' letter to the County Board: Letter to the Cuyahoga County Board of Mental Retardation and Developmental Disabilities (PDF file)

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Article posted September 21, 2007