Disabled man risk being evicted over marijuana

Disabled man risk being evicted over marijuana

A man is willing to risk being evicted to smoke marijuana after receiving notice for violating an apartment smoking policy Friday.

Tori Cooper spoke to a Pasco man who says his apartment complex is kicking him out and with his diagnosis he won’t survive homelessness.

David Whalan relies on many medications. He’s diagnosed with Parkinson disease, post-traumatic stress disorder (PTSD) and hypertension, Whalan has over 20 other different health related issues making it hard to just get around his own house.

After three roll over car accidents, a boating and motorcycle wreck David Whalan has never been the same.

“I’m dependent on my helper I have no one to help me at all. I have a broken neck in six places, and my back is broken in four places. I’m blind in one eye and the vision isn’t that good in the other,” Sunset Apartment complex tenant David Whalan said.

Whalan has tried many methods suggested by his doctor to help control his pain.

“I’ve taken every prescription pain killer that I could try, they put me in a coma,” Whalan said.

However, the 50-year-old Pasco resident has fought bravely through every challenge.

Until two years ago when he found something that would change everything.

“The only thing that helps me now with the pain and my vision is the marijuana,” Whalan added.

Whalan’s smoking habit is an issue for the Infinity Management company who owns his apartment.

Our reporters reached out to the complex manager who told them, smoking tobacco and marijuana goes against its smoke free policy.

Whalan is on social security and is unable to afford other apartments in the area or commute outside and is now faced with an eviction notice.

“July 29 I have to be out of here,” Whalan said.

Even though Washington state allows recreational and medical marijuana use, one Spokane landlord tenant relations attorney says Whalan can only take legal action if he has proper documentation.

“If a tenant has an injury and a medical marijuana card and the landlord has a smoke free housing policy the tenant can arguably further a fair housing complaint relative to their disabled condition,” Spokane Landlord Tenant Relations Attorney Eric Steven said.

Otherwise the Infinity Management company can carry out the eviction and enforce its no smoking policy.

“I’ve been here over ten years with no problem and I never missed a payment,” Whalan continued.

Whelan is continuing to push for change.

“I think it’s wrong and should be stopped immediately,” Whalan said.

Hoping his way of life may suit other landlords in the community.

“If anybody sees this and they have an apartment for rent please call,” Whalan concluded.

Whelan says he often passes out when trying to walk because of his condition and that edible cannabis is not cheap or as effective considering his situation.

If you would like to help out Whalan you can contact our station and we can put you in contact with him.