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Smoking Cingular Employees
Posted Mon October 29, 2007 12:00 pm, by S F. written to Cingular Wireless (now ATT Mobility)
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On Saturday afternoon, October 27th, my husband and I went to the Lakewood Center Mall in Lakewood, California. We entered from the west parking lot through the tunnel that is next to your Cingular kiosk at the south end of the mall.
The tunnel is about 300 feet or so long and about 20 feet wide. It is open at the parking lot side but completely covered and has continuous walls for the entire length. The far end has glass doors. So it is completely enclosed except for the small outside wall.
As we aproached the glass doors we encountered two young men, about 6 feet from the doors, who were smoking. In California it is illegal to smoke in any enclosed building except smoking clubs, separate employee smoking breakrooms and private buildings. These laws are well noted in civil and building codes and in the labor code.
I asked the young men to take their cigarettes outside and told them they were in violation of state law. One of them said that it was perfectly legal for them to smoke there because there was not a "no smoking" sign, (as if the absense of signage implies consent!). They then started yelling at us and cursing.
We, as well as all customers entering the mall, were forced to walk through a cloud of smoke in an enclosed area in order to pass. We went inside and called mall security. Officer Rivas agreed that what they were doing was indeed improper and told us he would send someone over.
I watched as the young men both deposited their cigarettes on to the walkway one of them ground his out with his foot, the other just tossed the butt and left it burning. They then came inside and were shouting at us. Both of them had name tags on and went directly to the Cingular kiosk. It appeared that one or both of them worked there.
Coincidently, one of my goals was to check with Cingular about upgrading my phone. Needless to say I did not.
Not only were both boys actions illegal and improper, but their attitude was offensive as well. The tunnel into the mall is an enclosed space inside of a building and it is not just illegal, but reprehensible for customers to have to walk through the smoke in order to enter the mall.Just because they were on the outside of the glass doors does nto mean they were outside the building. The law does not specify that the 20 foot limit is designated to begin at the "doors" of a building, it says that smoking is forbidden within 20 feet of any main entrance. The entrance was 300 feet from the doors.In addition the law specifices that it is not allowed in any enclosed space.
Please take action to correct this matter and educate your employees about the law as well as their demeanor. I was unable to get close enough to either of them to read their name tags as I suffer from asthma and severe respriatory disease. They either worked for Cingular or were buddies of the employees working there.
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...it was obnoxious for you to tell these guys they were "in violation of state law". Otherwise, I agree with you. I hate it when store employees smoke outside their stores.
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by "Clete" Posted Wed October 31, 2007 @ 3:28 PM
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Why didn't you just use a different door or hold your breath?
Clete
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We have simillar smoking laws in Toronto too. Your letter was better then most on here.
My only thought is that instead of getting involved yourself (you dont know what these people are like; they could have had a weapon. You should have just gotten mall security right away. You could have prevented a lot of the shouting and cursing that way.
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Everything is PC Police.
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by Becks Posted Wed October 31, 2007 @ 7:31 AM
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The writer has a very valid complaint. The Cingular employees acted obnoxiously.
Maybe YOU like taking abuse on a regular basis but most of us find it offensive and unecessary.
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Irrelevant
by Becks Thu November 1, 2007 @ 11:20 AM
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by Rhet Canter Posted Tue October 30, 2007 @ 5:49 PM
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Nice job. This is one of the better letters posted to this site in a very long time. You were succinct, to the point, stated well thought out facts and made your point in a non offensive way. We could all take a lesson from you, myself included. You displayed a lot of dignity.
Laws are laws, and California is certainly serious about all of their laws. More so than any other state I've lived in or visited. It's refreshing. But with a quarter of the U.S. population living in one area, you have to on top of your game in order to manager the chaos that happens there on a daily basis.
As a smoker, I'm not at all offended. Non-smokers have their rights, and now State laws. We should all comply to them.
Thanks for a great letter. I'd love a follow up to hear about a response from Cingular if you happen to receive one.
Peace!
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by joe bubby Posted Tue October 30, 2007 @ 5:47 PM
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Both "boys" actions?? Is Cingular participating in child labor now?
Your complaint lost credibility when you went out of your way to try to present yourself as better than the working by referring to them as "young man", "boy", etc. The proper way to address them would have been "Sir, would you take the cig outside", not "young man". How condescending. No matter they reacted like they did.
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my bad
by joe bubby Wed October 31, 2007 @ 11:58 AM
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I doubt you "asked" them take their cigs outside. You probably smarted off to them and they returned as they did. Perhaps had you been smart you would have just contacted security first, so they would have been caught in the act. Too bad you had to be the hero.
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Honestly?
by DragonflygrrlTheGreat Tue October 30, 2007 @ 11:52 AM
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Amen, sister...
by Not Taking The Bait Tracy Tue October 30, 2007 @ 7:01 PM
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by DragonflygrrlTheGreat Posted Tue October 30, 2007 @ 8:37 AM
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Even though I am a smoker, I totally see your point! To me, it's not about where I can or can't smoke, it's about having a little respect for the people around me. I won't even smoke outside if there are kids or non-smoking adults around, and it upsets me when people insist on just lighting up wherever they get the urge. Smoking IS a nasty habit, and it DOES smell bad to non-smokers. In my house, we follow my rules (smoking on the porch, don't go there if you don't want a lungful), but in public you have to consider other people.
Even apart from the issue of "smokers' rights," the people you are describing were at work. What they think personally of the rules has no bearing on the fact that while in uniform they should be following them. You are right to point out to Cingular and to mall management that these employees' behavior kept you from doing business there. I hope they keep on top of this issue!
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I agree with the OP...I myself an severly allergic to cigarette smoke, and tobacco in general...i break out in a rash and get crippling pain in my sinuses and teeth and my throat closes up and my nose stuffs up...
Unfortunatley i have to deal with this all the time when i go to stores and employees are smoking in the bathrooms bc their employer does not let them smoke.
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See I believe that smokers have the same rights as every other taxpayers. You know what annoys me more.....people with stinky coffee and smelly food who carry it around........the worst is the people who douse themselves in cheap perfume. That hurts my lungs, and makes it hard for me to breathe as well.
And if you ask. I am not a smoker, I was, I quit a long time ago, and I can't stand the smell of it.
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I would suggest you contact mall management and tell them everything. I think they'd be quite interested in hearing about this and how mall shoppers were treated by these guys.
Good for you for speaking up to them!
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by S Fields Posted Mon October 29, 2007 @ 8:21 PM
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ARGH! Planetfeedback needs spellchecking! lol
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