The Maine Human Rights Commission convened on July 28, 2025, to address a contentious case involving allegations of inadequate enforcement of a no-smoking policy at a residential complex. The meeting featured heated exchanges between complainants and the respondents, who are the property management team.

The primary issue at hand was whether the management had effectively enforced its no-smoking policy, which prohibits smoking within 25 feet of common areas. Complainant Miss Prevett argued that despite numerous complaints and evidence of ongoing violations, the management failed to take adequate action to protect her from secondhand smoke, which she claimed severely impacts her health due to her compromised immune system. She presented a substantial amount of evidence, including recorded testimonies and photographic documentation of violations.

In response, the property management's attorney, Mr. Michalak, asserted that the management had taken significant steps to enforce the policy, including issuing 14 notices of lease violations and successfully evicting a tenant for repeated infractions. He emphasized that the management's actions demonstrated a commitment to enforcing the existing policy and argued that the complainants were shifting their demands from enforcement to a complete ban on smoking, which was not part of the original complaint.

Commissioner Douglas questioned the effectiveness of the enforcement measures, highlighting the ongoing presence of smoke around the complainants' units. Miss Prevett reiterated her request for a modification of the smoking policy to limit smoking areas further, citing the detrimental effects on her health.

The commission's discussions also touched on the broader implications of smoking policies in residential settings, with Mr. Michalak cautioning that a complete ban could lead to worse conditions if residents were forced to smoke indoors.

As the meeting concluded, the commission was tasked with determining whether there were reasonable grounds to support the complainants' claims against the property management. The outcome of this case could have significant implications for how smoking policies are enforced in residential communities across Maine.