Residents tell council of secondhand smoke problems and allege mistreatment at Merrill Center
June 22, 2026 | Upland, San Bernardino County, California
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Two public commenters on June 22 raised health and behavioral-health access concerns during the Upland City Council's oral communications period.
Robert Eberk described persistent secondhand smoke entering his home in an HOA community over the last two years and said the exposure had damaged property as well as health. He cited major public-health organizations (CDC, American Lung Association, American Heart Association) on the harms of secondhand smoke and urged three responses: neighborhood organizing, renewed public-education campaigns, and legislation to require smokers to prevent smoke from entering other residences. He acknowledged enforcement would be difficult but argued legislation and improving detection technology could help.
Leo Diaz introduced his wife, Amanda Feiner, to speak about an incident at the Merrill Center in Fontana on June 12. Feiner said staff initially refused her request for an advocate to be present during intake, provided a business card without a name, and "gaslit" the couple when they pressed for the right to an advocate. She said a staff member named Alexis later accommodated them, that she waited several hours (she reported leaving at about 5 p.m.), and that she missed work as a result. Feiner characterized the episode as a denial of rights and poor treatment.
The meeting record shows the public commenters'accounts; no formal agency representative from the Merrill Center addressed the claims during the council meeting, and no investigation or follow-up was announced at the meeting. Council and staff accepted the comments under Brown Act rules that limit council's ability to discuss items not on the agenda.
The comments raised potential topics for follow-up: whether county or state behavioral-health providers have a documented advocacy policy, what internal remedies exist for complaints at the Merrill Center, and whether secondhand-smoke issues in HOAs require local regulation or broader legislative changes.
Robert Eberk described persistent secondhand smoke entering his home in an HOA community over the last two years and said the exposure had damaged property as well as health. He cited major public-health organizations (CDC, American Lung Association, American Heart Association) on the harms of secondhand smoke and urged three responses: neighborhood organizing, renewed public-education campaigns, and legislation to require smokers to prevent smoke from entering other residences. He acknowledged enforcement would be difficult but argued legislation and improving detection technology could help.
Leo Diaz introduced his wife, Amanda Feiner, to speak about an incident at the Merrill Center in Fontana on June 12. Feiner said staff initially refused her request for an advocate to be present during intake, provided a business card without a name, and "gaslit" the couple when they pressed for the right to an advocate. She said a staff member named Alexis later accommodated them, that she waited several hours (she reported leaving at about 5 p.m.), and that she missed work as a result. Feiner characterized the episode as a denial of rights and poor treatment.
The meeting record shows the public commenters'accounts; no formal agency representative from the Merrill Center addressed the claims during the council meeting, and no investigation or follow-up was announced at the meeting. Council and staff accepted the comments under Brown Act rules that limit council's ability to discuss items not on the agenda.
The comments raised potential topics for follow-up: whether county or state behavioral-health providers have a documented advocacy policy, what internal remedies exist for complaints at the Merrill Center, and whether secondhand-smoke issues in HOAs require local regulation or broader legislative changes.
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