CRA NEWS

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SMOKING BAN OPPONENTS SWAMP DALLAS SMOKING BAN HEARING

DALLAS, TX, November 17 – "A bevy of fiery words" was the way Dallas Morning News City Hall columnist David Levinthal characterized Monday afternoon's meeting of an ad hoc Dallas City Council committee considering an expansion of the city's existing smoking ban.

According to Levinthal's report, opponents of the ban – stirred up to attend by an e-mail message asking for attendance sent by Up In Smoke (Dallas-based cigar shop) and Cigar Rights of America – outnumbered proponents by "at least 2-to-1."

Council member Pauline Medrano chaired the committee and there was a draft ordinance for discussion which would ban smoking inside bars and billiard halls, in any primary or secondary school and "within 15 feet of any entrance to an indoor or enclosed area in the city."The proposed ordinance did not ban smoking in tobacco shops, inside vehicles or in most outdoor areas.

At one point, Council members Sheffie Kadane (against the ban) and Angela Hunt (for the ban) squared off over the issue of banning smoking in offices occupied by one person. To the cheers of the assembled, Kadane said "That's communistic. We've got a good ban now and you want to make a law that is going to dictate what I can and cannot do with my business? ... The way this is going, this is horrible." Hunt apparently did agree that smokers deserve some accommodations, but shot that "what they do not have the right to do is push smoke down my lungs. It is about the health of non-smokers, about the health of employees. We're talking about a gas that has more than 60 known cancer-causing agents."

The meeting ended with no decision other than Medrano's acknowledgment that a hasty process may not be the best one. Yet another meeting will be scheduled on the topic, possibly as early as next Monday. The scheduled vote on the as-yet-undrafted ordinance may also be pushed back from its proposed December 3 date.

SYDNEY HOTELS SEE NEARLY 25% DIVE IN GAMBLING REVENUE

SYDNEY, Australia, November 17 – A total of 300 Sydney-area hotels which host gambling machines have seen their gaming revenue dive by 24.5% in the year following the imposition of a smoking ban in the state of New South Wales.

The losses have led to a request from 300 hotels to defer their quarterly gambling tax payments and opt instead for a month-by-month payment program. Across the 2,084 hotels in New South Wales with poker machines inside, the average drop in gaming revenue in the 12 months (ending September) since the imposition of a smoking ban was 12.6%.

The possibility for payment deferment was also extended to pubs in September, but the filing period has not concluded yet.

BRITISH ANTI-SMOKING LAWS TO BE OPPOSED

LONDON, England, November 15 – Both the Conservative and Liberal Democrat parties have decided to oppose proposals being considered by the Labour government to ban the display of tobacco products in shops, to strip packaging of all logos or decoration, eliminate packs of 10 cigarettes and remove vending machines in pubs.

According to the Daily Telegraph, their opposition is based on the idea that such moves "that it will have no effect on sales to children and will cost retailers thousands of pounds."

The Conservative shadow minister for health, Mike Penning, told the BBC that "There's no evidence that that will actually stop people smoking and there's a lot of evidence that it will actually destroy local corner shops and newsagents that are already suffering now.

"It's a legal product – why are we pushing it under the counter? It's not the answer to the problem. If you get rid of packs of ten the casual smoker will have to buy 20s, and all the evidence shows they will smoke more. The more products you have on you, the more chance you'll smoke them, and why do that? It just seems totally illogical."

SMOKING BAN HELPS CIGARETTE SALES?

DES MOINES, IA., November 13 – The Iowa Department of Revenue noted that sales of cigarettes are actually up since the state's smoking ban was instituted in July.

"It does not appear that the smoking ban has reduced cigarette sales," Public Information Officer Renee Mulvey told television station KCCI. But Mulvey followed up with the remarkable statement that "We have no evidence to show that this is due to increased consumption." She thinks Iowans may not be driving to neighboring states (where the cigarette tax is much lower) as much as before.

SMOKING BAN OPPONENTS FACE OFF IN DALLAS

DALLAS, TX, November 13 – While the American Cancer Society "Action Network" is sending out colorful flyers to Dallas residents urging their support for an extension to the city's smoking ban, advocates against the ban are in action as well.

In addition to marshaling support for a public hearing on November 17, the Dallas Morning News blog noted that "local oilman James Graham is working with area public relations agents Rita Cox and Jay Pritchard to tout his belief that there are ‘virtually no health risks associated with exposure to second hand smoke' - a contention anti-smoking advocates say is ludicrous.

"Says Mr. Graham: ‘The anti smoking zealots' mode of attack, whether innocently or intentionally, is to repeat the lie often enough that it becomes accepted as truth.'"

DALLAS CITY COUNCIL DIVIDED ON EXTENDING SMOKING BAN

DALLAS, TX., November 11 – While the major action of a Dallas City Council committee was to postpone any vote on yet-to-be-crafted regulations to extend the city's smoking ban ordinances to December 3, the first meeting of the ad hoc committee on the issue demonstrated a wide divide among Council members.

According to the Dallas Morning News, Council members Angela Hunt, Carolyn Davis, Ron Natinsky and Pauline Medrano all express interest in expanding the ban to include bars, billiard halls and smoking with 15 feet of an entrance. But Council members Tennell Atkins, Jerry Allen, Sheffie Kadane and Dave Neumann preferred to leave such matters to Austin, noting that a statewide ban would level the playing field among all cities . . . and businesses.

The story also noted, however that "council members provided little, if any, support for regulating smoking on outdoor patios, in public parks or within private automobiles when children are present."

Another public hearing is scheduled for November 17. Medrano, who chairs the committee, said "The task at hand is to craft a document for discussion," she said. "By next week, we're going to be able to tell where we're going on this."

BRITISH PUBS CLOSING AT THE RATE OF 27 A WEEK!

LONDON, England, November 8 – "Whatever people's views on the smoking ban, it has been a significant change that has affected many pubs. The Government's own tax inspectors have now admitted that pubs may be eligible for refunds on their business rates, but pub owners are being intentionally kept in the dark on this U-turn. This is yet another tax cover-up from the same bureaucrats who have conspired to hide council tax errors."

That's Eric Pickles, the shadow minister for local government for the Conservative Party in Britain, reacting to information that pubs are closing at an average of 27 per week, thanks in significant part to the smoking ban imposed in 2007. The reduction in revenue has been so high that pubs are now eligible for reductions in their business-tax rates by thousands of British pounds per year! The Labour government had previously maintained that the smoking ban was not a "significant" change in the business environment for pubs and not a reason to reduce their tax rates.

The Daily Telegraph noted that while anti-smoking advocates said the smoking ban would attract more drinkers into pubs (comment: this is a benefit?), in fact the opposite has occurred. The British Bar & Pub Association says the current rate of closure is seven times faster than in 2006 and 15 times faster than in 2005.

GREECE PASSES SMOKING BAN FOR 2010

ATHENS, Greece, November 8 – The Greek Parliament passed a smoking ban that will eliminate smoking on public transportation and other public places, including bars and restaurants, to become effective January 1, 2010.

Smoking will be banned in workplaces, but designated smoking areas can be set aside if desired. Smoking is widely prevalent in Greece and it remains to be seen how strongly the ban will be enforced. A stiff fine of 300 Euro is to be levied for violations.

Current laws for separate smoking and non-smoking areas in bars and restaurants have been largely ignored.

EXEMPTIONS TO PENNSYLVANIA BAN POURING IN

PITTSBURGH, PA., November 7 – "Two months after Pennsylvania imposed a statewide smoking ban, the ban appears to be just a smoke screen," reads the beginning of a story on the Web site of Pittsburgh television station KDKA.

The story notes that 350 bars in Allegheny County alone have been exempted from the ban. One bar owner who has enforced the ban says his business is off by 60% since the ban began and plans to spend $20,000 to separate his bar area so he can get an exemption, too.

A story in the Pittsburgh Tribune-Review noted that some 1,700 exemptions have been granted statewide. "The governor would have preferred far fewer exemptions, but had to accept a bill that would get the support of the Legislature," said Chuck Ardo, spokesman for Governor Ed Rendell. "The smoking ban was designed to help protect nonsmokers from secondhand smoke, and it certainly is succeeding in doing that by a wide margin."

The statewide ban allows exemptions for bars where food sales account for less than 20 percent of all revenues. According to the Tribune-Review :

"The list of exempt bars includes only ‘type-1' applicants, which are bars and taverns, state Health Department spokeswoman Holli Senior said.

"The department is working to approve ‘type-2' applications from mostly bar-restaurant establishments that have to meet certain standards, such as having separate outside entrances for each area, she said. The category includes cigar bars and cigarette shops that can allow smoking but must obtain exception approval."

However, Cindy Thomas, the executive director of Smoke Free Allegheny, said she believes that the state legislature will pass a more comprehensive ban next year.

DALLAS SMOKING BAN ADVISORY COMMITTEE STARTS MONDAY

DALLAS, TX., November 7 – The Mayor's advisory committee on the possible expansion of a smoking ban will meet for the first time with both pro-smoking and anti-smoking advocated on Monday, November 10.

A second meeting for public input will be held later, possibly on November 17 and recommendations could be forwarded to the City Council as soon as Wednesday, November 19.

Comment: does this advanced timetable look like a railroad job to you?

SMOKER-FRIENDLY GREECE NOW WANTS TO BAN SMOKING

ATHENS, Greece, November 7 – The government of Greece, where smoking is wide-spread, has proposed a wide-ranging smoking ban, in a bill submitted to the Parliament on November 6.

According to the Deutsche Presse Agentur news agency, "Under the new law, smoking will be banned in public places, including all bars and restaurants, offices, hospitals and on all forms of public transport. The restrictions will also apply in all outlets that produce and sell food.

"According to the new law, there will be designated areas set aside for smokers in offices. The bill also aims to keep minors under the age of 18 from smoking and consuming alcohol by banning their access to bars and clubs.

"It will also impose a fine of 1,000 euros (1,276 dollars) on the owners and managers of bars and nightclubs that fail to respect the restrictions."

A current law that bans smoking in taxis and hospitals and requires smoking and non-smoking sections in restaurants has been largely ignored. But officials predict the new law will succeed because non-smokers will "safeguard their rights."

SAN FRANCISCO TOBACCO SALES BAN PRELIMINARY INJUNCTION DENIED

SAN FRANCISCO, CA., November 6 – U.S. District Judge Claudia Wilken denied a request for a preliminary injunction by Philip Morris to stop the ban on sales of tobacco products in pharmacies and drug stores in San Francisco.

According to the San Francisco Chronicle, "The company argued that the ordinance, which took effect Oct. 1, violates freedom of speech by interfering with its communications with its customers. Company lawyers contended the ban effectively forces Philip Morris to pull its advertising from drugstores and was motivated by the city's hostility to the ads' message that smoking is acceptable."

The case will now proceed to trial for a permanent injunction.

FT. WAYNE SMOKING BAN HELP SMOKING-ALLOWED NEW HAVEN

NEW HAVEN, IN., November 5 – According to television reports, a restaurant and bar called Rack ‘n Helen's has undergone a $1.5 million expansion to accommodate an expanded customer base. "The owners say they needed more space," according to the report, "to accommodate the new customers that have started eating there since Fort Wayne's smoking ban took affect last year."

DALLAS SMOKING BAN EXPANSION ON HOLD FOR NOW

DALLAS, TX., November 5 – A push to expand the existing smoking ban in Dallas has been slowed for now by the formation of study committee at the request of Mayor Tom Leppert.

According to the Dallas Morning News, "Wednesday evening, Mayor Tom Leppert directed council member Pauline Medrano to form a an hoc committee to study a host of smoking law expansion options - from banning lighting up within bars and restaurant patios to outdoor parks and the inside of passenger cars when children are present.

"The full council had originally been slated to take nonbinding votes on the kind of anti-smoking provisions they'd support.

"‘We know it's an important issue, and we want to deal with it in the right way,' Mr. Leppert said, noting that the committee will endeavor to ‘craft something based on the menu we have here.'

"The mayor provided no timetable for when Ms. Medrano's smoking ordinance committee should report back with recommendations to the full council.

"Presently, Dallas prohibits smoking in most workplaces and restaurants, but allows people to puff inside bars, pool halls and tobacco shops."

KENOSHA VOTERS SAY "NO" TO SMOKING BAN

KENOSHA, WI., November 4 – The City Council of the fourth-largest city in Wisconsin asked voters their opinion of a smoking ban. By a 52% to 48% margin, Kenosha voters said "no" to a workplace smoking ban.

The referendum was advisory only and does not bind the Council. The head of the "Breathe Free Kensosha" group promised to keep fighting, while the Associated Press quoted "Jim Matzur, the chairman of Be Fair Kenosha, which rallied against the ban, said the hard work paid off and the ‘spin is over.'"

PUB CHAIN WRITES OFF 491 LOCATIONS THANKS TO SMOKING BAN

LONDON, England, November 4 – Punch Taverns, a chain of pubs throughout Great Britain, announced that it had written off as losses some 491 locations which had no longer been profitable since the national smoking ban was instituted.

"The smoking ban and weaker consumer environment has impacted both the level of footfall and spend per visit, resulting in a reduction in beer volumes, as seen across the sector," said the company in a statement. The loss totaled 293.7 million British pounds or about $460 million U.S.!