CRA NEWS

News Archive (May 2008 - August 2008)

You will find news on legislative issues and anti-smoking movements affecting your personal freedom and rights to enjoy cigars.  Get involved, Learn about the Issues, and Take Action!

OTTAWA COLUMNIST: GIVE UP THE TOBACCO WAR

OTTAWA, CANADA, August 30 – John Robson, a weekly columnist for the Ottawa Citizen newspaper ripped the Canadian government about its "war on tobacco," noting that the smoking rate in the country has remained the same for three years. In a column entitled "The futile war on smoking," he noted, specifically:

"At some point we need to weigh the gains from further discouraging smoking against the costs of spreading illegality and corruption. Ideally that point would lie well in the past but since it doesn't I nominate the present. And please don't distract me with the claim of a legitimate public interest in forcing people to quit because the health care system is public. It's financially wrong because smokers tend to die long before they can use up in medical costs all the money they paid in taxes, and it's morally scandalous casually to claim that my body has been nationalized, even with general consent. But it's also irrelevant because the topic here is not the moral legitimacy of attempts to quash smoking through the state but their practical effects.

"Some policies, like ordering convenience stores to hide their cigarettes, strike me as simply fatuous. It's not as though smokers will forget the things exist if they temporarily can't see them. (I also remember when the porn was hidden and the cigarettes were in plain view and I am not convinced we are very far ahead morally now that the situation is reversed.) But raising the price sufficiently to create widespread smuggling is pernicious."

"It doesn't just turn regular folks into scofflaws willing, at least, to wink at the plainly illegal source of their smokes. It also makes them complicit in the corrupting influence of organized crime on law enforcement. Black market vice needs security and it can afford it, and since crooks cannot dial 911 they must either provide their own or else bribe public authorities."

"I find it especially worrying that contraband tobacco smuggling drills holes in the border that can then be used for other purposes."

"Here I think not only of illegal drugs but also terrorist weapons and even terrorists. And for what?"

"Smoking may be dumb. But a policy that corrupts citizens and police, and that menaces public safety, needs very strong positive effects to pass the test of common sense. Does further discouragement of smoking, at this point, seem to you to qualify?"

IOWA BAR FIGHTING THE STATE’S SMOKING BAN

WEST BURLINGTON, IOWA, August 27 – Larry Duncan is taking on the state of Iowa all by himself.

He is defying the state’s indoor smoking ban, at his Otis Campbell Bar & Grill, where he allows smoking freely. According to media reports, he’s received 45 complaints and three warnings from the Iowa Department of Public Health and his liquor license is in jeopardy.

But the City Council renewed his license and the matter is now at the state level.

According to a report by Melissa Shriver on KHQA 7 in Keokuk, Iowa, "He says the constitution says all laws in the General Assembly aren't supposed to give anyone priveledges or immunities which are not equal to everyone. He says that means folks in Iowa should have the right to smoke . . . everywhere and not just in casinos and at the state fair where the state actually makes money off of it."

Duncan isn’t sitting around waiting for the state to aft, however. Although a non-smoker himself, he is also sending out thousands of absentee ballots to thousands of people who he says are against the ban in the hopes of voting out the elected officials who voted for it.

RAISING TAXES IN ALBERTA?

EDMONTON, CANADA, August 26 – A group called the Campaign for a Smoke-free Alberta is lobbying for a raise in local cigarette taxes because income in the province is up. Because of that, says the group, it’s easier to buy tobacco products and prices must be raised.

WHAT’S NEXT? SMOKING BANS IN HOMES? IT’S COMING!

NEW YORK, NEW YORK., August 26 – Think banning smoking in public is as far as Prohibitionists will go? No.

The groundwork for a new push to ban smoking in private homes is being laid now. In a new issue of the American Journal of Public Health, a study by Boston University of Public Health researchers concludes that "Banning smoking in the home may help adolescents develop antismoking attitudes and impede early experimentation," according to a Reuters report.

But the news report also notes that the study’s findings "suggest that home smoking bans have the potential to promote antismoking norms and inhibit early smoking experimentation, the investigators note, but bans may not prevent overall progression to established smoking." (emphasis added). In other words, the study showed nothing, but watch and see as this study is cited for the proposition that legislative bans must be implemented in private homes.

SMOKING RATE STEADY IN CANADA

TORONTO, CANADA, August 25 – Despite heavy smoking restrictions and educational programs, the smoking rate in Canada has remained at 19% for the third straight year according to the Canadian Cancer Society, which blames the widespread availability of untaxed, contraband cigarettes.

According to the Cancer Society, the "American side of Akwesasne [Indian reserve]" is the source of much of the cigarette stock. According to a report from the Canadian Press, "Health Canada has a goal of lowering smoking rates to 12 percent by 2011. ‘Unless we deal with contraband, there’s no way we’re going to get to that number,’ [CCS policy analyst Rob] Cunningham predicted."

According to Canadian governmental officials, between 70-75% of the current cost of a pack of cigarettes is federal and provincial taxes.

"A SMOKING BAN JUST ISN’T NECESSARY"

KANSAS CITY, KANSAS, August 24 – With the Kansas City "unified government" from both the Kansas and Missouri sides considering a smoking ban, the Kansas City Kansan ripped the idea in a to-the-point editorial that included these highlights:

"So why is there such a huge push lately to ban public smoking, but there’s no such push to ban drinking?

"Well, for one, this country has already tried the banned-drinking thing. It was called Prohibition, and it lasted all of 14 years.

"Now, in the early 21st Century, smoking bans – which are popping up all over the country, not just in the Kansas City area – are the new Prohibition.

"And in an era where drinking is permitted, a ban against smoking seems almost hypocritical.
Especially when you consider that the victims of drunk driving have a lot less control over their fate than victims of secondhand smoke.

"There’s no way to avoid being killed by a drunk driver. But there are lots of ways to avoid secondhand smoke: Don’t allow smoking in your home. Don’t work at a business that allows employees to smoke inside. And don’t patronize bars and restaurants that allow smoking (there are certainly many smoke-free establishments in the Kansas City area, including several in Wyandotte County).

"It’s also unfair to make business owners adhere to a smoking ban. Business owners should have the right to decide whether their establishment is smoking or smoke-free. In this era of health consciousness, there’s a lot to be gained by voluntarily making your establishment smoke-free, especially since parents will often only take their children to no-smoking restaurants (and rightly so).

"Still, the decision to create a smoke-free zone should be left up to the business owners. Then, individual residents have the right to choose what type of atmosphere they want to patronize.

"A smoking ban just isn’t necessary. And just like the issue of Prohibition nearly a century ago, the smoking bans instituted in the last few years may soon fall by the wayside."

HUGE UPROAR OVER RACE AND SMOKING IN GLENDALE, CALIFORNIA

GLENDALE, CALIFORNIA, August 20 – A proposed outdoor smoking ban in Glendale has turned into a race-tinged circus after Councilman Dave Weaver was quoted as saying that "there will be a lot of opposition from one segment of the population that loves to smoke."

Asked by reporters if he meant the city’s Armenian community, Weaver refused to answer. But according to Kevin Ulrich, writing in the Pasadena Weekly:

"As he confirmed in a subsequent conversation, Weaver was, in fact, referring to the city’s substantial and politically influential Armenian community, where, [reporter] Carl [Kozlowski] wrote, ‘smoking tobacco — both in cigarette form and from hookahs — is a widely enjoyed after-dinner cultural tradition,’ something for which the paper also took a little bit of heat."

"Now stop me if this is untrue, but is smoking after meals not also widely enjoyed in many Irish families, as well as Italian families, as well as Polish families, and so on? Is that really a racial slur, as some have posited?"

"Maybe, and we’re sorry if anyone took it that way. But here’s something that others knew and we didn’t until recently: The Armenian National Committee, which is complaining the loudest about us and Weaver’s insensitive comments, just conducted a survey of 740 people around the city which found that even though most people do not smoke (61 percent), 51 percent also do not support prohibiting smoking on sidewalks, 50 percent do not want smoking banned on outdoor patios, 50 percent do not support a smoking ban in apartment units, 63 percent believe such bans infringe on their ‘individual freedoms,’ and — get this — 70 percent would take the issue out of the council’s hands and put it on the ballot for a vote."

"Why have we not seen this information in the papers? Does all this not show that Glendalians — even though most do not smoke — are ready to go to the polls in force to maintain the ‘rights’ of others to light up in public places?"

WESTERN AUSTRALIAN CITY REJECTS BAN EXTENSION TO OUTDOORS

KALGOORLIE-BOULDER, AUSTRALIA, August 22 – The City of Kalgoorlie-Boulder came out against a plan by the regional Health Minister of Western Australia to ban smoking on beaches, playgrounds and in cars with children present.

City Mayor Ron Yuryevich is against the plan primarily because there in no way to enforce it. ABC News Australia reported that Yuryevich noted "It's pointless having a law which is not enforceable, and if they think that the local government will employ people to run around to check if people are smoking or someone is smoking in an alfresco area, or for that matter in a car, they will find that they have quite an issue on their hands."

NEBRASKA CITY LIFTS SMOKING BAN . . . FOR NOW

RALSTON, NEBRASKA, August 20 – The city of Ralston, Nebraska repealed its smoking ban in the face of a coming lawsuit and smoking is again allowed in workplaces and public areas. However, this freedom will be short-lived. A state-wide ban is coming into effect next June.

SMOKING BAN SHUTS KENTUCKY RESTAURANT

PADUCAH, KENTUCKY, August 20 – The Exit 3 Restaurant in Paducah will close at the end of this month because of the city’s smoking ban. According to a post on News/Talk Radio AM 570 WKYX Web site: "Owner Roy Trimble says Paducah's smoking ban is to blame. ‘Since the smoking ban came into effect April of last year, my business has been off anywhere from 20 to 30 percent per month over the previous year and it just finally got it,’ Trimble said. ‘You can only go so far.’ Mayor Bill Paxton, who supported the smoking ban, said during Tuesday night's city commission meeting that he has talked with Trimble. Paxton said he wants ‘to assure the citizens of Paducah that this body did not implement the smoking ban to hurt anybody.’"

Didn’t help Mr. Trimble, or his employees, did it, Mayor?

SAN FRANCISCO BANS TOBACCO SALES IN DRUG STORES

SAN FRANCISCO, CALIFORNIA, August 20 – San Francisco Mayor Gavin Newsom signed a bill banning the sale of tobacco products in all pharmacies in the city.

While the bill will affect drug stores of all sizes, including Rite Aid, Walgreens, CVS and others, it does not apply to "big-box" retailers which have pharmacies inside, but sell tobacco in other locations in their stores.

According to the Associated Press, "Starting Oct. 1, a store that violates the ban is subject to administrative penalties by the city's director of public health. Businesses also can be criminally cited and face fines ranging from $100 to $1,000.

WEST VIRGINIA BARS BREAKING SMOKING BAN

KANAWHA COUNTY, WEST VIRGINIA, August 19 – Citing inconsistent enforcement, as well as a significant drop in business, bars throughout Kanawha County in West Virginia protested the imposition of an expanded smoking ban by allowing smoking on August 19.

County health officials said they would not cite bar owners on the one night, but insisted that the ban will continue and that bar owners who allow smoking will be cited with fines up to $1,000.

LETTER WRITER SPELLS IT OUT IN WISCONSIN

HOLMEN, WISCONSIN, August 18 - A great letter written to the Holmen Courier by Ryan Evans of St. Croix Falls, Wisconsin bears repeating:

"This past weekend I found myself pondering the current surge in smoking bans, and more importantly the nature of the people who push so hard for them around the state. After all, this has become a very nonpartisan issue, yet the people involved all seemed to have something in common. I just couldn't put my finger on it.

"And then I had an epiphany. They are lazy. All the pieces fit and it makes perfect sense. The groundwork for tobacco is already all laid out. It's been public enemy No. 1 for so long that all one has to do is hitch one's wagon to it and ride the wave.

"With absolutely no effort whatsoever, a politician can make their mark by going after smokers and "big tobacco" and come out smelling like a rose. After all, now said politician can look like Mr. Compassion (it's for the children), Mr. Community (it's for public health), Mr. Labor (it's for the workers), and Mr. Do Good (tobacco is bad, I'm good). And all this can come just from jumping on the great anti-tobacco movement.

"Whatever happened to politicians actually working for the people who elected them? Is it too much to ask for our elected officials to do actual work and make a real difference in our state (or cities)?

"Sure, we have got some serious problems to address in Wisconsin - and admittedly those problems will take hard work to shore up - but last time I checked we elected people to work for us, not for their own glory.

"So the next time I hear an elected politician - whether in Madison or in a town hall - take up the smoking ban cause, the first thing that will come to mind is "lazy politician."

MARYLAND RAISED TAXES, SO SMUGGLING RISES, TOO

BALTIMORE, MARYLAND, August 15 - Maryland raised its per-pack tax on cigarettes to $2 in January and has seen the amount of smuggling of cigarettes rise by 3 1/2 times in just the first seven months of the year.

As of July 31, the state had confiscated 46,170 packs of non-Maryland-stamped cigarettes, as opposed to 12,954 packs the year before. "The Democrats in their zeal to raise taxes on cigarettes have driven Lord knows how much commerce across the boarder," said Del. Anthony J. O'Donnell, the Maryland House minority leader in comments to the Baltimore Sun. "The tax increases are going to hurt us in ways we haven't even contemplated yet. We're just starting to see ways we knew they would have an impact."

NORTH CAROLINA SENATOR BURR TO OPPOSE FDA CONTROL BILL

WASHINGTON, D.C., August 15 - North Carolina Senator Richard Burr is leading what appears to be a small charge against the Senate's vote on a bill passed by the House of Representatives to allow the U.S. Food & Drug Administration to oversee the tobacco industry.

Burr told Congressional Quarterly that he will filibuster, add amendments and do whatever he can to block the bill. The Senate will reconvene on September 8, but is expected to be pre-occupied with energy legislation and budget bills.

Reporter Drew Armstrong noted that "In addition to his threats to run out the clock and offer amendments, he was waged a more public campaign to argue that the FDA is not the proper venue for tobacco regulation. Burr has previously argued that cigarette content might more logically be regulated by the Centers for Disease Control and Prevention, and packaging and labeling might be placed under the purview of the Federal Trade Commission."

Wyoming Republican Senator Mike Enzi is also opposed to the bill, but because it does not allow the FDA to completely prohibit tobacco products.

AUSTRALIAN SMOKE-FREE ZEALOTS WANT MORE

SYDNEY, AUSTRALIA, August 14 - Despite the imposition of a 2007 indoor smoking ban, pubs and clubs in the Sydney area and throughout New South Wales are being targeted for further tightening of the smoking laws by groups such as the Heart Foundation for New South Wales and SmokeFree Australia.

Despite a reported reduction in club revenue of $385 million Australian (about $335.6 million U.S.) last year and hundreds of millions spent on the construction and outfitting of outdoor smoking areas to meet the requirements of the new law, SmokeFree Australia is now protesting that the pollutant level in the partially-enclosed, outdoor area is too high.

According to The Australian, "Liquor, Hospitality and Miscellaneous Union (LHMU) assistant federal secretary Tim Ferrari said the problem could be fixed.

"'NSW should effectively separate smoking areas from working, including eating, spaces,' he said.

"'Queensland has done this with good results.'"

SMOKERS IN SOUTH CAROLINA TO PAY MORE FOR HEALTH INSURANCE

COLUMBIA, SOUTH CAROLINA, August 14 - South Carolina became the eighth state to impose a surcharge on public employees who smoke, adding $25 a month to their health insurance bill starting in 2010.

"It's a case of recognizing cost," said Governor Mark Sanford according to the Associated Press. "People ought to have complete freedom on how they treat their body," but he added that nonsmokers should not have to pay for their co-workers' bad health care decisions.

As a corollary, Sanford said he would be open to additional surcharges, such as for obesity. About 58,600 South Carolina public employees are estimated to be impacted by the smoking surcharge.

KANSAS INDOOR BAN APPEARS LIKELY

TOPEKA, KANSAS, August 14 - John Neuberger, a professor of preventive medicine made a survey of city clerks and governing councils in 57 cities around the state and announced that "Our findings provide evidence that community leaders want to see a smoking ban implemented either at the local or state level."

Neuberger is campaigning for an indoor smoking ban in Kansas that would include bars and restaurants. A previous bill that proposed a statewide ban failed when so many exceptions were added to it that it became meaningless.

PROPOSED SMOKING BAN DRAWS OPPOSITION IN SOUTH CAROLINA

EASLEY, SOUTH CAROLINA, August 13 - A City Council meeting which included a discussion on whether the City of Easley should consider a smoking ban was packed and The Easley Progress newspaper reported that sentiment was roughly the same on both sides. One opponent of a ban stood out in the story by staff writer Ginny Johnson:

"Michael's Pizzeria owner Michael Hedrick chooses to make his restaurant smoke free but said an ordinance forcing businesses to do so would violate their rights.

"'It's my blood and sweat and tears to build my business,' Hedrick said. 'I decide what I'm going to do with my business.'

"The entire discussion stemmed from only a handful of complaints, Hedrick said.

"'Why are we even here?' he said, adding that imposing a ban on smoking borders on the absurd.

"'Smoking kills people. Nobody can get up here and say it doesn't," Hedrick said. "So do motorcycles, so do cars, so do smorgasbords. Let's tell people, 'You're only allowed to go eat once a week.' Somebody comes in with a belly like mine, 'You can only have a salad because there's an ordinance.' Come on. That's ridiculous.'

"Hedrick said his business actually improved by almost 10 percent when the restaurant went smoke-free inside.

"And the issue isn't really smokers vs. non-smokers, it's about choices, he said.

"'You're not a second-class citizen if you smoke,' Hedrick said. 'If you don't like smoke in a work environment, then don't work there. If you don't like smoke in a restaurant, don't eat there . . .'"

The City Council has not voted on a proposed ban yet.

POSSIBLE SMOKING BAN EXTENSION RILES DALLAS SMOKERS

DALLAS, Texas, August 7 – Tobacconists, bar owners and other gathered in Dallas to oppose a not-yet-proposed extension of the Dallas city smoking ban. "We’re going to meet this head on," said John Barton, manager of the Up in Smoke cigar shop in Dallas. "What’s happening here, this is socialism. This is communism."

A rally against such an extension, which would primarily include bars, but could also curtail smoking in retail tobacco shops, was held on Tuesday, August 5 at the Havana Social Club. "It’s a small group of people trying to have their utopia at our expense," said Barton.

Smokeshop owners were joined by the Amusement & Music Operators of Texas, the Americans for Prosperity Foundation and the Greater Dallas Bar & Tavern Coalition in opposing the prospective ordinance. Amusement & Music Operators spokeswoman Kathy Grant said the City Council should protect adult rights to smoke in "adult venues without children present.

"The free market will generate nonsmoking bars if there’s a demand. It’s unfortunate that the government is trying to take away individual freedom. What are they going to do next? Ban alcohol?"

The city’s current ban eliminates smoking in restaurants and workplaces. However, Dallas Mayor Tom Leppert, Mayor Pro Tem Elba Garcia and others are in favor of such an extension, based on the argument that people should not be exposed to secondhand smoke.

According to the Dallas Morning News, City Council member Pauline Medrano – head of the applicable committee – "says she plans to conduct [a hearing] before her committee in late August or early September."

According to the Morning News, both sides showed they are ready for a fight:

"At Tuesday’s event, the Amusement & Music Operators of Texas touted the results of a poll of 500 Dallas voters it commissioned that indicate 67 percent favored ‘allowing bar owners to set the smoking policy of their establishment, as long as they clearly posted it at the door.’ In June, Smoke-Free Dallas released a poll indicating 71 percent of responding Dallas voters favored expanding Dallas’ smoking laws to ‘all indoor workplaces, including bars.’

"Perhaps not surprisingly, each side on Tuesday questioned the legitimacy and methodology of the other’s survey."

"LOOPHOLE" IN FDA-CONTROL BILL DECRIED

WASHINGTON, D.C., August 7 - Anti-tobacco advocates who jumped for joy at the passage of H.R. 1108, the bill which would give the U.S. Food and Drug Administration oversight are now complaining that the revised bill language has a "loophole" that allows cigarette companies to introduce new products over a 21-month period after the bill takes effect (if it does) without going through the detailed new-product-approval procedures in the bill.

According to the Associated Press, the language was a compromise between some tobacco companies and some major anti-smoking groups. The office of Sen. Edward Kennedy (D-Massachusetts) said the 21-month period is actually needed to allow the FDA to set up its regulatory procedures and is not intended as a window of opportunity for cigarette companies.

EDITORIAL CRITICAL OF MARIN COPYCAT BILL AGAINST DRUGSTORE SALES

MARIN, California, August 7 - In a staff editorial posted on August 7, the Marin Independent Journal came out against the county’s copycat bill of a San Francisco law that bans the sale of tobacco products in drugstores and pharmacies.

The editorial noted that the San Francisco "ban" takes tobacco off the shelves at Rite-Aid and Walgreens, but leaves it on the shelf at CostCo and Wal-Mart. What’s the real difference?

And the editorial concludes:

"Politicians and public officials are worried - appropriately - about tobacco. But tobacco remains legal.

"Politicians have two choices: Either make tobacco sales illegal everywhere, or continue educating the public about tobacco's hazards.

"Banning legal products from selected stores makes no sense.

WHAT’S NEXT?

JOHNSON COUNTRY, North Carolina, August 6 - The Johnson County Herald ran an editorial on August 6 entitled "Schools ban tobacco; what’s next?" noting that while eliminating underage smoking might be desirable, it’s hardly the top issue in schools:

"Politicians and bureaucrats go after tobacco because doing so is much easier than cracking down on drugs and weapons. But we suspect parents, if asked what they could rid the schools of, would say weapons first, followed by drugs. Tobacco would rank no higher than third.

INDIA: NO CHANGE IN CONSUMPTION DUE TO TAX HIKE

SIVAGANGA, INDIA, August 4 – The chairman of one of the leading tobacco companies in India, ITC, told reporters last week that despite increases in the cigarette tax, the overall consumption of tobacco in the country has remained steady.

Instead of buying cigarettes, Indian smokers simply moved to lower-taxed forms such as smokeless.

MARYLAND TAX HIKE SLOWS CIGARETTE SALES . . . OR DOES IT?

BALTIMORE, MD., August 4 – According to a report from the Maryland State Treasurer, sales tax receipts on cigarettes are down about 25 percent since the per-pack tax was doubled to $2 in January. A Baltimore Sun editorial noted that while the decreases could partially be accounted for by people buying illegal cigarettes, "it's almost certain that the bulk of the decrease is from people smoking less."

The editorial continued that more information about whether that was the case would not be available until later in the year and made another call for FDA oversight of tobacco.

(The Sun, as well as the Maryland Treasurer, obviously did not consider whether Maryland smokers since turned to mail-order or the Internet for their cigarette purchases, or buying them in quantity from outside the state in a low-tax jurisdiction such as Virginia to the south (30 cents per pack) or the District of Columbia ($1) to the north. They might wish to consider it in their detailed report due later this year.)

CALIFORNIA NEWSPAPER RIPS FIRST 5

COSTA MESA, CALIFORNIA, August 4 – In an editorial today, the influential Orange County Register left no doubt of its position on the state's tobacco tax passed by a tiny majority in 1998 and what has happened since:

"A decade ago Californians were persuaded to vote to impose a tax on a minority of their neighbors to raise billions of dollars to provide services for children ages 5 and younger. It was a bad idea then, and since has proven even worse in practice." The newspaper called the program a "Nanny State, tax-devouring octopus." And there were more highlights:

>> "It turns out, unsurprisingly, that the children are being served by doling out grants for things like the ‘Potrero Hill Toddler Play Group,' which featured lectures on positive discipline and potty training, art projects, a field trip, an Easter egg hunt and a ‘toddler dance party.' Your tax money at work."

>> "The 58 local commissions have accumulated ‘fund balances' (aka surpluses) of $2.4 billion, including $151 million in Orange County, $187 million in San Diego County and $860 million in Los Angeles County.

"[State Senator Dave] Cox says those millions of dollars can be used instead to help plug the state's general-fund budget deficit. To accomplish this, Mr. Cox needs his legislative colleagues to put a measure on the statewide ballot for voters to reallocate First 5 money, which might free up funds to pay for state health care programs.

"That strikes us as a halfway good idea. But if California voters are to be asked to recast the First 5 operation, there's no reason to stop half way. If this matter goes to the ballot, voters ought to be allowed to undo the mess they created in 1998 by abolishing the absurd program, and eliminating its obnoxious tax. That would be the high moral ground.

"If California voters are to be asked to recast the First 5 operation, they ought to be allowed to undo the mess they created in 1998."

NEWSPAPER ASKS IF FDA REGULATION IS NEEDED

GREENVILLE, SOUTH CAROLINA, August 4 – The Greenville (S.C.) News asked the question, in an editorial today, whether Federal regulation of the tobacco industry is "necessary." Its own answer:

"The House of Representatives has given the Food and Drug Administration the right to regulate the tobacco industry -- a measure long supported by anti-smoking advocates. But heavy-handed federal regulation of tobacco may not be necessary, given the fact that smoking has been on a downward trend because of public education and many states raising their cigarette taxes in recent years.

"Many House Republicans, in opposing the legislation, expressed legitimate concerns about expanding the federal bureaucracy. They noted that FDA is struggling already to fulfill its core mission of overseeing the safety of the nation's food supply and pharmaceuticals.

"The bill also could prevent the tobacco industry from introducing a new generation of less harmful cigarettes, until long-term tests are completed -- which could take decades. It's fair to wonder also whether FDA regulation would give some smokers a false sense of security that cigarettes suddenly have been made safer."

Noting that the anti-tobacco crowd has been clamoring for this legislation for years, the editorial concludes with the observation that "smoking already is in decline nationwide, not because of federal intervention but thanks to individuals making healthy choices."

HOUSE EASILY PASSES FDA TOBACCO CONTROL BILL

The "Family Smoking Prevention and Tobacco Control Act" was passed by a veto-proof vote of 326-102 on Wednesday.

A similar bill is in the Senate, but is not yet scheduled for a vote. A clause was added to the House bill that asks the FDA to study the safety of menthol and its impact on smoking and health as soon as practical; menthol was not listed as a prohibited flavoring or substance banner in the bill. Menthol cigarettes are believed to account for as much as 27% of the total number of cigarettes consumed in the U.S.

According to Bloomberg.com, a Morgan Stanley analyst said that the menthol debate may ultimately sink this version of the bill. Previous attempts to pass such a bill failed in 2000, 2002, 2004 and 2005.

ALBUQUERQUE CITY COUNCILMAN RIPS CIGAR BARS

ALBUQUERQUE, NEW MEXICO, July 30 – Anti-smoking City Councilor Michael Cadigan is livid that cigar bars are operating in Albuquerque.

"It's one of the major health issues in the city and we should be taking it more seriously," he told KOB-TV, channel 4. He says that the state's health department has not issued any permits for cigar bars and so, none should be operating.

The city's head of public safety disagreed. According to the KOB.com story, Pete Dinelli noted that he "doesn't plan on trying to shut down the cigar bars or even cite them for lack of permits. Dinelli says the state just recently provided rules and regulations for the cigar bar application process and wants to give owners time to comply.

"‘For us to jump the gun for the sake of political expediency or to react to criticisms I think is a mistake,' he said.

"Dinelli says at one point, about nine establishments indicated interest in becoming cigar bars. He says so far, three have applied for a permit."

SAN FRANCISCO BANS TOBACCO IN PHARMACIES

SAN FRANCISCO, CALIFORNIA, July 30 – The San Francisco Board of Supervisors voted 8-3 to amend the San Francisco County health code to prohibit the sale of tobacco products in all pharmacies, or stores with pharmacies inside, beginning October 1. Violations will result in fines of up to $1,000.

The legislation will apply not just to stand-alone pharmacies, but also to drug stores such as Rite-Aid, Walgreens and others who sell tobacco products in other segments of their stores. However, the ban does not apply to so-called "big box" stores that have pharmacies, such as Costco or supermarkets.

The Associated Press noted that similar proposals have failed this year in Rhode Island, New Hampshire, Tennessee, Illinois and New York and that San Francisco is the first city to pass such an ordinance. The San Francisco ban was a copycat of similar laws in Canadian provinces. However, nearby Marin County is interested in the ban and may enact similar, copycat legislation.

A Walgreens spokesman said that the company objected to the ban on grounds of fairness as against other stores where the ban does not apply, but has not yet determined whether to challenge the ban in court.

AUSTRALIAN STATE WANTS TOBACCO OUT OF SIGHT

SYDNEY, AUSTRALIA, July 30 – New laws being proposed in the Australian state of New South Wales that copycat restrictions now in place in Canada that prohibit the display of tobacco products in shops and supermarkets.

The proposals also include a statute that would ban smoking in cars with children under the age of 16 aboard and new restrictions on the placement and access to cigarette vending machines. Approved by the state Cabinet, the package will formally be presented for passage by Parliament when it returns in September.

The compliance period will be between six and 12 months, but a fine of $250 (Australian) will be imposed for parents caught smoking around children. Similar no-smoking-in-cars laws are already in place in Tasmania and Queensland.

Anti-smoking advocates hailed the new proposals as critical; one cited a Morgan Stanley investment firm comment that tobacco companies are most concerned about increased taxes, "generic" packaging and restricting the display of their products. The latter aspect is dealt with in the new proposals.

U.S. HOUSE PUTTING FDA BILL BACK ON TRACK

The long fight over possible oversight of the U.S. tobacco industry is ready to continue in the U.S. House of Representatives, where it will pass easily, but faces more difficulties down the road.

Aspects of the bill currently in process have been criticized, notably over the exemption of "menthol" as an additive to cigarettes. News reports have cited anger from some African-American groups who claim that allowing menthol as an additive makes cigarettes more palatable to current and potential future African-American smokers.

In any case, the House bill has 320 co-sponsors, making its passage assured once it comes to the floor. In the Senate, however, there are only 57 co-sponsors of a parallel although not identical bill, enough to pass it, but not enough to prevent a filibuster (being considered by North Carolina Senator Richard Burr), or to even keep the bill from coming to a vote.

The Bush Administration is against the bill and has indicated it may veto it; if so, there would be enough votes in the House to override it, but perhaps not enough in the Senate.

GERMAN COURT OVERTURNS PART OF A STATE SMOKING BAN

KARLSRUHE, GERMANY, July 30 – The German Federal Constitutional Court in Karlsruhe overturned parts of the smoking bans in the southwestern state of Baden-Wurttemberg and in the Berlin area, ruling that small bars and pubs must be allowed to permit smoking because the ban "seriously interfered" with their businesses and put them at risk.

A study of the period from October to December 2007 from the Federal Statistics Office showed that in German states where a ban was imposed, bars and clubs had a 14% drop in earnings. In comparison to those states in which no ban was in force, sales were down in the smoking-ban-in-place establishments by 5.3%.

A spokesman for the Federal Association of German Hotels and Restaurants said that while people seemed to "value the smoking ban" while eating, pubs, bars and clubs were hard-hit by bans.

The court noted that smaller, one-room establishments, which cannot create physically separate areas for smokers as could larger restaurants and clubs, are placed at a considerable disadvantage by the bans. Presiding Judge Hans-Jurgen Papier ordered the smoking ban rules to be restated by the end of 2009 and until then, smoking would be allowed in bars and restaurants of less than 75 square meters (about 800 sq. ft.).

NAVAJO TRIBE BANS COMMERCIAL TOBACCO

ALBUQUERQUE, New Mexico, July 26 – The Associated Press reported that the Navajo Nation Council approved, by a 42-27 vote, a ban on cigarettes and chewing tobacco in public places in the Navajo reservation.

The reservation stretches across parts of Arizona, New Mexico and Utah, but must still be signed by Navajo Nation President Joe Shirley, Jr. The ban does not apply to tobacco used for religious or traditional purposes on the reservation.

Violators can be fined $100 for the first offense, $200 for on the second offense and $500 or community service for the third or subsequent offenses.

Other reports noted that the number of Navajo who smoke is estimated as low as five percent, but the ban will have a direct effect on the Navajo nation. One example is that Robert Winter, the chief executive of the Fire Rock Casino, soon to open in Church Rock, New Mexico, expects revenues to be down some 18-20% from projections because of the smoking ban. Thus, the planned-for total of 290 jobs to be filled at the facility has been reduced by 41% to 170. The casino had planned to allow smoking in about 20% of the facility.

GATES AND BLOOMBERG PLEDGE $500 MILLION AGAINST SMOKING

NEW YORK, N.Y., July 25 – Billionaires Bill Gates of Microsoft fame and Michael Bloomberg, current mayor of New York, have pledged amounts reported to be up to $500 million against the "global tobacco epidemic."

It isn’t immediately clear what the money will be used for, but the initial targets appear to be the developing world with India and China of the most interest. China, especially, has an enormous smoking population and delivers billions of yuan to the government in the form of taxes.

According to news reports, the project will be called Mpower and combine the Bloomberg Initiative to Reduce Tobacco Use with efforts from the World Lung Foundation, World Health Organization, John Hopkins Bloomberg School of Public Health, U.S. Centers for Disease Control and the Campaign for Tobacco-Free Kids.

BUSH VETO LIKELY ON FDA LEGISLATION

WASHINGTON, D.C., July 23 – U.S. President George W. Bush is sending signals that he is ready to veto a bill that gives the U.S. Food & Drug Administration oversight of tobacco products.

The latest indicator came in a letter sent on July 21 by Health and Human Services Secretary Michael Levitt to Rep. Joe Barton (D-Texas), ranking member of the House Energy and Commerce Committee. Echoing criticisms made by the FDA commissioner, Dr. Andrew von Eschenbach, Levitt noted that the agency is already overloaded and the bill adds new responsibilities which are at odds with the FDA's existing mission of food, drug and medical device safety.

Levitt noted that "adding tobacco to the F.D.A.'s regulatory responsibilities could also leave the public with the misperception that tobacco products are safe, or at least safer, with the F.D.A. regulating them." That, he pointed out, could lead to the "perverse and unintended consequence of lowering the perceived risk of tobacco."

Levitt added that the projected costs of administering the new regulations may also be more than the bill would raise in new fees and taxes.

Most news media reports on the issue note that if Bush did veto the bill, there are enough votes to override it in the House, but probably not enough in the Senate, perhaps by three votes.

SCHWARZENEGGER OK ON ADS AGAINST SMOKING

SACRAMENTO, CA., July 11 – California governor Arnold Schwarzenegger said that while films and television shows should not be prevented from showing smoking, he is also fine with the addition of anti-smoking ads to be added at the start of DVDs of such shows.

The Walt Disney Co., Warner Bros., Universal Pictures, Sony Pictures Entertainment, Paramount Pictures and 20th Century Fox have agreed to place anti-smoking spots on DVDs which have "youth ratings" of G, PG or PG-13.

Schwarzenegger, despite being a well-known cigar smoker, told reporters that he tells his four children not to smoke. "Even though you see me every so often light up a cigar," he said, "I let them know don’t ever try it."

He also made it clear that "I personally don’t believe that we should erase cigarettes in movies. I don’t believe we should erase when someone smokes a cigar in a movie." He added, however, "I think we should remind people and kids all the time about the dangers of smoking.

"To all of a sudden tell actors not to smoke a cigarette in a movie when they portray a character is ludicrous. I think this is going too far."

Even California health and human services secretary Kim Belshe said in an interview, "I really don’t see my role . . . to be dictating the content of movies."

SMOKING BAN SPREADS TO KENYA

NAIROBI, KENYA, July 8 – A national ban on smoking in public places was implemented in Kenya, along with regulations controlling sales and advertising of tobacco products.

"Let us all accept that a majority of Kenyans are non-smokers and a few smokers are endangering the lives of those majority Kenyans," said Public Health Minister Beth Mugo in an interview. Those "few smokers" are reported to be about 8.4 million – or 24% – of the country’s population of 35 million people.

The new law bans sales of cigarettes to people under 18 years of age, eliminates the sale of less than 10 cigarettes in a single pack and restricts tobacco ad placements and sponsorship.

A spokesman for the largest seller of cigarettes in Kenya, British American Tobacco, noted however that "Going by other countries where such bans have been imposed, the business dips by just two percent and then picks up."

IPCPR LOBBYISTS SEE SCHIP RISING AGAIN

During the annual meeting of the International Premium Cigar and Pipe Retailers Association convention in Las Vegas, the IPCPR's federal lobbyists, Jim Christian of Patton Boggs and Paul Snyder of Public Strategies–Washington, noted that the State Children's Health Insurance Program (SCHIP) legislation is likely to be re-introduced in the U.S. House of Representatives in the September-October timeframe.

At present, it appears that the result will be the same as before: successful passage in the House and Senate, a veto by U.S. President George W. Bush and an unsuccessful override attempt in the House.

However, House and Senate Democrats are, according to Christian and Snyder, primarily interested in making political points with voters in an election year by having Republicans on the record as voting against it.

WASHINGTON SMOKERS STILL OUT OF LUCK

SPOKANE, WASHINGTON, July 7 – Despite collecting thousands of signatures for a potential initiative battle to loosen Washington's draconian smoking ban, cigar smokers and others came up short.

The goal had been to restore smoking in tobacco shops, but even this is prohibited under voter-approved smoking ban from 2005.

The Spokane Spokesman-Review noted that smokers' "best hope for an exemption may be the American Legion case in the state Supreme Court.

"In May 2006, Kitsap County health officials told Post 149 in Bremerton that if it had employees, it needed to ban smoking in the club. The post sued, citing a sentence in the law saying it's ‘not intended to restrict smoking in private facilities.'"

County health officials says the ban applies because the club has employees. The Supreme Court has not yet ruled, but the state Superior Court sided with the county and the state.

GERMAN SMOKING BAN START NATION-WIDE

Although varying by state, all 16 German states now have smoking bans in place when North-Rhine Westphalia and Thuringia implemented their bans for bars and restaurants – in addition to indoor workplaces – on July 1.

In some cases, such as in Saxony, maximum fines run as high as 5,000 Euro (about $7,865 U.S.), but in others the top fine is 500 Euro (about $787).

Anti-tobacco advocates are still unhappy, however, since the individual state laws create a patchwork across the country. A commentary of the Deutsche Welle Web site noted that "German restaurants and pubs have strongly resisted the bans, not only because of the potential loss of income, but partly because of an earlier crackdown on smoking by Adolf Hitler's Nazi regime. The sensitivity of the issue has prompted authorities in most states to allow special rooms to be set up purely for smokers."

There are already, however, three court challenges to the new laws, including one from bar and nightclub owners who say the restrictions interfere with their right "to practice their profession."

CANADA: GRAPHIC WARNINGS DON'T MATTER MUCH

A survey by the Canadian government revealed that "graphic" warnings on cigarette packs haven't had nearly the desired effect.

According to the survey, some 57% of smokers polled said they are "unmoved" by the warnings, up five percent from the last survey, done five years ago. Among those smokers classified as very interested in quitting, 43% said the warnings were "not very effective" or "not effective at all," up three percent from the previous survey.

Overall, only 14% of smokers said the warnings are "very effective" at getting them to try to stop; that's down again, from 18% five years ago.

BRITISH DOCTORS WANT "TOBACCO-FREE" SOCIETY

The latest bell for Prohibition tolled in Britain at a British Medical Association conference in Edinburgh, Scotland.

According to the BBC:

"In particular, the report called for all films and TV programs which portray positive images of smoking to be preceded by an anti-smoking advert, and for film censors to take into account pro-smoking content when classifying films.

"It also said that although the UK has quite restrictive tobacco legislation in place already, young people were susceptible to creative marketing strategies such as elaborate point-of-sale displays, attractive pack designs and brand imagery."

The BMA's stated goal is a "tobacco-free" Britain by 2035.

Professor Gerard Hastings of Cancer Research UK told the BBC that children would only be protected when "tobacco promotion and marketing in all its forms ceases to exist."

The BBC quoteda spokesman for the pro-smoking group FOREST as noting that removing cigarettes from public display (as in Canada) will make "absolutely no difference" and could make teenagers and others even more anxious to try smoking since it would be even more taboo that it is today. The spokesman also said that the measures proposed for television and films were tantamount to censorship.

CANADIAN CANCER SOCIETY WANTS FLAVORED CIGARS BANNED

TORONTO, ONTARIO, CANADA, June 30 – The Canadian Cancer Society is calling for a ban on flavored little cigars since a study showed that about a third of high school students have tried some form of cigars.

According to the Canadian Press, “The 2006-2007 Youth Smoking Survey by the University of Waterloo, released Monday, found that 35 per cent of Grade 10 to 12 students reported having tried ‘cigars, cigarillos and little cigars.’

“The survey of 71,000 students in Grades 5 to 12 from across Canada also found that 48 per cent of Grade 10 to 12 students had tried cigarettes and 11 per cent were classified as current smokers. Among students in Grades 5 to 9, 18.5 per cent had tried cigarette smoking and two per cent were current smokers.”

Rob Cunningham, a senior policy analyst for CCS said of little cigars, “They come in very colourful packages and flavours that are very enticing to kids - vanilla, chocolate, strawberry, mint, peach, raspberry and so on. And it's a product category that's simply exploded on the market.” Cunningham pointed to Health Canada figures show that unit sales of cigarillos skyrocketed to more than 80 million units in 2006 from just 50,000 units five years earlier.

The Canadian Press story noted that “Some proposed legislation is trying to tackle the issue: in May, a private member's bill in the Nova Scotia legislature called for a ban on flavoured cigarillos, and a federal private member's bill introduced in the House of Commons earlier this month seeks to ban flavoured cigarillos and other tobacco products.”

PHILIPPINES ADVERTISING BAN BEGINS

MANILA, THE PHILLIPINES, June 30 – “Beginning 1 July 2008, all forms of tobacco advertising in mass media shall be prohibited, except tobacco advertisements placed inside the premises of point-of-sale establishments.”

That’s the law in the Philippines, following bans on broadcast advertising in January 2007 and movie-theater and outdoor advertising in July of the same year.

The ban is another element of the Framework Convention on Tobacco Treaty sponsored by the World Health Organization.

VERMONT BANS INTERNET AND MAIL-ORDER TOBACCO SALES

MONTPELIER, VERMONT, June 30 – A new state law banning sales of tobacco except in face-to-face encounters takes effect tomorrow in Vermont. The state’s Attorney General, William Sorrell, said that the law was inspired by the lack of age controls on some Internet sites and by some mail-order houses.

According to a news release from Sorrell’s office, “It will now be illegal, under Vermont’s Act 119, for cigarettes, roll-your-own tobacco, little cigars, or snuff, ordered or purchased by telephone, mail order, or through the Internet, to be shipped to anyone in Vermont other than a licensed wholesale or retail dealer, or distributor.” The act does not, apparently, ban sales of cigars over the Internet or by mail, but it will be interesting to see how state officials apply the measure in practice.

Sorrell says the law is a good one because it protects children, will add to state tax revenues and helps in-state retailers.

It’s hard to know whether such an act will stand up to legal scrutiny, since interstate commerce is controlled by the U.S. Government and not individual states. A Maine law which restricted the ability of delivery companies to handle shipments of tobacco products was struck down by the U.S. Supreme Court in February.

PENNSYLVANIA BUDGET PASSED WITHOUT NEW TAXES

Harrisburg, PENNSYLVANIA, June 30 – With a possible shutdown of state services staring both Governor Ed Rendell and the state legislature in the face, an agreement on a new state budget was reached today.

According to a news release circulated by the Governor’s office, there are no new taxes in the new budget, meaning that a program to increase health-care funding by raising tobacco taxes was not included in the new spending plan.

However, the health-care initiative - and a major tobacco tax hike - will likely be taken up again in the fall, according to legislative aides.

OHIO SMOKING BAN MAY BE RELAXED SLIGHTLY

COLUMBUS, OHIO, June 27 – The International Premium Cigar and Pipe Retailers Association (IPCPR) legislative office sent a hopeful note to the trade today concerning smoking bans in Ohio:

"Some lawmakers in Ohio are recommending amendments to the State's smoke-free legislation to allow smoking on outdoor patios, in family-owned businesses and private clubs. The bill seeks to widen the definition of an outdoor patio in order to create more smoking areas. State Sen. Gary Cates (R-West Chester) said the current smoking ban, which applies to bars, restaurants and certain other public places, is hurting businesses. Smoking is allowed in nonprofit private clubs provided there are no paid employees, designated areas of nursing homes and hotels, as well as tobacco stores that earn 80% of their income from the sale of tobacco products. Supporters of the proposed amendments said the measure would simplify the original wording that makes it almost impossible for family-owned businesses and nonprofit private clubs to allow smoking."

The process of implementing these amendments is a long one, but at least there is some recognition of the damage done by these bans.

NETHERLANDS: MARIJUANA YES, TOBACCO NO

AMSTERDAM, NETHERLANDS, June 27 – Starting next Tuesday, it will be perfectly legal to smoke a pure marijuana joint in public, but not a cigarette or cigar.

On July 1, a new smoking ban will impose fines for smoking in places of employment, but marijuana remains completely legal. This threatens the health of the country's large number of so-called "coffee shops," which are in fact places where marijuana smokers congregate. And because so many marijuana smokers mix their leaves with tobacco, they and the coffee shops could be fined, starting at 300 Euro (about $466 U.S.)! "Every customer will have to learn to smoke pure," said coffee shop co-owner Robert Kempen to Bloomberg News.

According to news reports, tobacco smoking will only be permitted in separate rooms which do not have employees staffing them, almost impossible in the tight quarters of Amsterdam. The national government has doubled the number of inspectors to 200, who will make unannounced visits to bars, restaurants and coffee shops, among other locations.

FDA TOBACCO CONTROL MEASURE COMING BACK

WASHINGTON, D.C., June 24 - Legislation that would provide the U.S. Food & Drug Administration with oversight control of the tobacco industry will likely come to a vote in the U.S. House of Representatives in July.

Henry Waxman (D-California), chair of the Oversight and Government Reform Committee, introduced the legislation last year and it was approved by the House Energy and Commerce Committee on April 2.

Although the bill is likely to pass the Democrat-controlled House, there are still several roadblocks before it can become law. First, the Senate has to act on a similar bill that was passed by the Health, Education, Labor and Pensions Committee last August, but the full Senate has yet to act on it. Further, the bill faces a likely veto from President George W. Bush, whose FDA Commissioner, Dr. Andrew von Eschenbach has said that the agency is already overwhelmed with its existing role and that FDA oversight of tobacco is inappropriate since tobacco products are - in his view - not something which can be made "safe."

The Cigar Association of America and International Premium Cigar and Pipe Retailers Association (IPCPR) have lowered their effort regarding the FDA control bill since premium cigars and pipe tobacco are not scheduled for regulation (or taxation to pay for it) if and when the bill is implemented. Testimony from previous FDA commissioners has noted that premium cigars and pipes are not marketed to children and are not widely used or of interest to underage smokers.

RHODE ISLAND TAX CAP APPROVED

PROVIDENCE, RHODE ISLAND, June 23 – The Rhode Island legislature approved Senate Bill 2646, which proposes to make the state's 50-cent-per-cigar tax cap permanent. Governor Donald Carcieri (R) is expected to sign the measure into law in the next week or so.

The 50-cent cap was first introduced as a two-year measure in 2006 and will expire on June 30, 2008. The state is one of five with a 50-cent cap: Iowa, Oregon, Washington and Wisconsin are the others.

A strong lobbying effort was mounted by Rhode Island smokeshops, working in coordination with a lobbying team from the Cigar Association of America.

KANSAS CITY SMOKING BAN INSTITUTED AS SMOKERS LOSE IN COURT

KANSAS CITY, MISSOURI, June 20 – Jackson County judge John O'Malley ruled against nine businesses which had asked for a declaration that the voter-passed smoking ban was unconstitutional and lifted the moratorium he had placed on the measure. It went into effect immediately and eliminated smoking in bars and restaurants as of Friday, June 20.

According to the Kansas City Star, however, even though the plaintiffs lost at the trial court level, the fight is not over: "That suit continues through the court process, and the plaintiff bar owners are vowing to press their case. They argue the law is particularly unfair because smoking is still permitted on the gaming floors of Kansas City's two casinos. Smoking will only be banned from Kansas City's gaming floors when it is also prohibited in other casinos in the five-county area."

The ban also applies to tobacco shops as no exemptions except for the casinos and for up to 25% of hotel sleeping rooms were included in the law.

The story noted that the judge in the case had to balance competing interests. "O'Malley agreed that there were important competing rights in the suit: ‘The rights of people to conduct their business without interference from government, and the right of the public to be protected from possible harm.' But he said judges must tread lightly when asked to set aside the result of a fair, open election.

"‘You handle it very carefully,' he said.

"O'Malley denied a request for a preliminary injunction, which would have put the ban on hold for an extended period of time."

The legislation was approved by voters on April 8 and it was supposed to take effect on June 7. The city's Health Department began enforcing the ban on Friday; the city regulates about 225 bars and about 400 restaurant/bars.

CANADIAN DISPLAY OF TOBACCO BAN CALLED “ROTTEN”

EDMONTON, ALBERTA, CANADA, June 19 – Rather than quote from an excellent column by Kerry Diotte of the Edmonton Sun that ran on June 19, here is the entire text, which is well worth reading:

July 1 is the 141st birthday of this democracy we call the true north strong and free. Ironically, a new draconian government law will kick in on the very day we celebrate the founding of this democratic nation.

The new Alberta legislation makes it illegal to display cigarettes wherever they're sold.

Instead, they have to be totally hidden from view. Most retailers are installing covered metal devices that look like modified filing cabinets.

One bewildered immigrant owner of a tobacco shop, who works seven days a week to make ends meet, was shaking his head over the law that sees some retailers have to shell out thousands of dollars from their own pockets for the metal cabinets.

When asked if he'd like to complain about it on the record, he declined, fearing that speaking out against a government law might get him into trouble. So much for free expression.

"Tobacco products must be stored and sold in a way that prevents consumers from seeing or handling them before they are purchased," is the way the law is described on the Alberta Health website.

It reminds us of the archaic way booze was once sold in some provinces. A customer would look at a list of products, fill out a form and hand it to the government clerk who'd then scurry off to a back room to find the product.

Why, in a free society, are adults not allowed to view a legal product before purchasing it?

Oh, the professional lobbyists will try to claim the mere sight of a package of cigarettes would be enough to force some teen to become instantly addicted. What a load of garbage.

Governments earn huge bucks off the sale of tobacco - more than the tobacco companies in some cases. Yet, the hypocritical politicians go out and pass stupid, meddlesome legislation like this.

It's a clear and unwarranted attack on freedom and an unnecessary extra tax on many mom-and-pop retailers who already struggle to turn a profit.

It's a rotten birthday gift to Canadians whose freedoms, little by little, are eroding every year.

The tobacco-products ban has cigar shops in a quandary, at least in Alberta. A June 23 story in the Sun noted that some tobacconists aren’t clear what they have to do to comply, if anything.

>> “We're just waiting to see what the government is going to do with tobacconists,” said Donald Kung, an owner of Hub Cigar and Newstand in Old Strathcona, to reporter Nicki Thomas. Kung plans to move some shelves in front of his windows, but otherwise he’s waiting to hear what steps he will be required to take.

>> Chris Hansen, the owner of Burlington on Whyte Tobacconists, said he might have to black out the windows in his store, where minors have been prohibited since 2005. Hansen noted that no official from Alberta Health and Wellness has contacted him to let him know whether that's necessary. “I haven't talked to any of them,” said Hansen. “And talking to other people who are in a somewhat more problematic situation, there is huge uncertainty about what exactly does or doesn't need to be done.”

STATES WITH SMOKING BANS TRIPLES OVER LAST THREE YEARS

ATLANTA, GEORGIA, June 17 - The number of states with laws prohibiting smoking in private sector worksites, restaurants, and/or bars in the United States tripled between 2005 and 2007, according to the Centers for Disease Control and Prevention (CDC).

According to the human resources Web site HR.BLR.com:

>> The number of states with prohibitions in private sector worksites, restaurants, and/or bars rose from 8 to 25, and the number of states with no such prohibitions fell from 16 to 8.

>> During the study period that ended December 31, 2007, 18 states changed the level of their smoking restrictions for private sector worksites. Also, 18 states changed the level of their smoking restrictions for restaurants; some of those states also changed worksite restrictions.

>> Twelve states changed the level of their smoking restrictions for bars. All the changes made the restrictions more protective. During the study period, states that required all three settings to be smoke-free increased from three to 12, while the number of states with no smoking restrictions for any of these three settings decreased from 16 to eight.

PENNSYLVANIA SMOKING BILL SIGNED INTO LAW

HARRISBURG, PENNSYLVANIA, June 16 - Pennsylvania Governor Ed Rendell signed SB 246, to be known as the Clean Indoor Air Act, into law on Friday. It prohibits smoking in most public places and workplaces, including restaurants, and will take effect September 11, 2008.

A summary of the bill:

>> Public places are defined as any place where the public is invited or permitted, including public transportation and vehicles for hire and transportation terminals. Also included in the ban are all places of employment, business, trade, crafts, sports, entertainment, recreation, education, and professional or volunteer activity.

>> Exempted from the smoking ban are private homes when not use for childcare or adult daycare, bars with 80 percent of sales in liquor, bars of restaurants with separate entrances that are separately ventilated, 25 percent of rooms in lodging establishments and full-service truck stops, designated rooms in long-term healthcare facilities and nursing homes, designated smoking areas in residential mental health and drug and alcohol treatment facilities, tobacco-related businesses (manufacturers and wholesalers and tobacco shops), and private clubs which have paid membership dues, hold regular meetings, and have elected officers. Certain areas of licensed casinos gaming floors and designated outdoor areas at sporting or recreational venues are also exempt, but not public areas such as hallways and reception areas. Facilities of volunteer fire companies, ambulance services, and rescue squads are also exempt.

>> Employers may not refuse to hire, retaliate against, or discharge an employee or applicant because the individual exercise his or her rights under the Clean Indoor Air Act.

>> The state Department of Health and local departments of health are charged with enforcement of the law. The Pennsylvania State Police may also enforce the law or retain penalties.

The law overrides local ordinances, resolutions, and regulations adopted by political subdivisions within the state.

PENNSYLVANIA SMOKING BAN PASSED

The bill includes a typical smoking ban in indoor workplaces and most indoor public spaces.

According to the Pittsburgh Post-Gazette, "Supporters said the law will ban smoking in 95 percent of the state's public places and workplaces. The bill contains exceptions for certain workplaces, permitting smoking in smaller "mom and pop" taverns, private fraternal and veterans clubs, cigar bars, tobacco manufacturing facilities, private homes - except those used for day care - and 25 percent of casino floors."

The list of exemptions includes private homes, residential units, long-term care facilities, cigar bars, retail tobacco shops and workplaces of tobacco manufacturers, importers and wholesalers. Standard-style bars are also exempted where food is less than 20% of gross sales and there are additional exemptions for private clubs and 25% of hotel rooms.

While the legislation will also prohibit other Pennsylvania municipalities from imposing their own standards, excepting the one existing smoking ban in Philadelphia, Senators from western Pennsylvania were told that future legislation can be crafted to allow a previously-struck-down ban in Allegheny County to be resurrected.

The ban will take effect 90 days after Gov. Rendell signs it.

BALTIMORE CIGAR BAR EXEMPTED FROM BAN

BALTIMORE, MARYLAND, June 9 – The Havana Club cigar bar was granted the first exemption to the city's smoking ban after it showed that its sales had declined by more than 15% over a two-month period.

Located above a Ruth's Chris Steak House on Water Street, the Havana Club was granted that is known as an "economic hardship waiver," available only to business which can demonstrate loss of sales from the time of the imposition of the city's smoking ban on February 1.

Owned and operated by Big Steaks Management L.L.C., the Havana Club's sales were reportedly down as much as 30% over 2007 in February and March as smoking was prohibited . . . in a facility which is set strictly for the consumption of tobacco!

The exemption is valid through January 31, 2011. Under the terms of the waiver, Havana Club must provide an opportunity for any of its employees who wish not to work there (because of the smoking) to transfer to another company-operated restaurant.

MICHIGAN SMOKING BAN SNAGGED BY POLITICS

LANSING, MICHIGAN, June 3 - A standoff between two different versions of a smoking ban has resulted in no ban being enacted as of now in Michigan, but this is likely to change soon.

The Michigan House, controlled by Democrats, has twice passed a bill to prohibit smoking in public places and places of employment, exempting cigar shops, cigar bars, bingo halls, race tracks and casinos. The Michigan
Senate, controlled by Republicans, just passed a total ban with no exemptions.

The popular theory is that Republicans have called the bluff of House Democrats, feeling that the House will not pass a ban which includes the casinos. So now the game is on.

The House could pass the Senate's bill and impose a total smoking ban. The Senate could pass the House's bill, which includes exemptions for cigar bars and shops. Or neither side could do anything. Or they could talk about it.

For its part, the Senate referred the House bill (HB 5074) to its Committee on Government Operations and Reform on June 3.

So far, no one knows what the outcome will be. Current indications are that Michigan governor Jennifer Granholm (D) will sign whatever ban comes in front of her.

FDA TOBACCO CONTROL BILL STALLED

WASHINGTON, D.C., June 2 - While the 2008 election battle gets hotter, the bill allowing the U.S. Food & Drug Administration to take oversight of significant aspects of the tobacco industry is stalled for the time being.

In a note circulated by Chris McCalla, legislative director of the International Premium Cigar & Pipe Retailers Association, he noted that the current consensus is that "Given the status of the current legislation and the limited time remaining in the congressional schedule this election year, we consider the chances of Congress enacting legislation granting the FDA authority over all tobacco products to be no greater than 40% in 2008. Although bills have been reported by the House Energy & Commerce Committee and the Senate Committee on Health, Education, Labor & Pensions (HELP), further action has not yet been scheduled. Indeed, because neither committee has yet filed its report, no one has seen copies of the legislation approved by those committees. In addition, three committees in the House - Ways & Means, Natural Resources, and Appropriations -- have asked for jurisdiction over various aspects of the bill. Once these issues have been resolved, and the committee reports filed, the measure will be sent to the House of Representatives for a vote.

"Once the House passes the bill, it will go to the Senate. That body will likely use the House measure as a starting point, rather than the Kennedy bill approved by the HELP committee.

"As we have previously stated and discussed, cigarettes, RYO tobacco, and smokeless tobacco would be regulated immediately when FDA legislation is enacted; not cigars nor pipe tobacco. Once the legislation is enacted, then the process of the FDA getting geared up to regulate - and the initial, exclusive focus on cigarettes, RYO tobacco and smokeless tobacco - are likely to occupy the agency for two or three years minimum.

"We do not foresee cigars and pipe tobacco being added to the legislation as Sen. Kennedy and [Rep.] Waxman will strongly resist any revisions or changes made in the legislation because such changes may undercut the primary purpose of giving the FDA "full" jurisdiction over tobacco products. Even though the current bill is poorly drafted, the limited changes made to it so far have been adopted in the face of considerable resistance."

Even if a bill is adopted by both houses of Congress, it is still quite possible that it will be vetoed by President Bush. If so, it is not clear whether there will be enough votes to override it.

CALIFORNIA SENATE GIVES GREEN LIGHT TO SMOKING BAN IN APARTMENTS
   
SACRAMENTO, CALIFORNIA, May 30 - The California State Senate has given the green light to a proposal which would ban smoking in apartments. The Assembly will now review the proposed bill (SB1598) which would give landlords unprecedented authority.

The proposed bill, composed by Sen. Alex Padilla (D-Pacoima), would allow landlords to prohibit smoking in apartment buildings they own. Padilla agreed to exempt rent-controlled units from the proposal. Landlords must also provide 12 months notice of a smoking restriction taking effect on an apartment.

The measure was opposed by Republican lawmakers, including Sen. Dick Ackerman of Irvine. He said it was against the wishes of the public, “The vast majority of all renters, including non-smokers, are opposed to it.”

Supporters of SB1598 include the California Apartment Association, whilst the Western Center on Law and Poverty argued that SB1598 “discriminates against the poor, the disabled and people of color, who smoke and rent at higher rates than other segments of the population.”

California has already banned smoking in many public places such as children's playgrounds, parks and some beaches.

BALTIMORE PROPOSES BAN ON INDIVIDUAL CIGAR SALES

BALTIMORE, MARYLAND, May 28 - Saying that "These cigars pose every bit of the risk that cigarettes do," Baltimore Health Commissioner Joshua Sharfstein pushed forward a proposal to require tobacco retailers to sell cigars in
packages of five or more.

Sharfstein and Baltimore Mayor Sheila Dixon are campaigning for the new law in order, they say, to reduce the exposure of cigars to children, noting, among other objections that individual cigars do not carry the printed
warnings which are on the packaging which the cigars come in.

According to a story posted by the Baltimore Examiner, "Violation of the proposal - which exempts tobacco shops and cigars that cost $2 or more - would be considered a misdemeanor and carry a fine no greater than $1,000.

"City officials will solicit comments on the proposal until July 1, and tobacco retailers said officials can expect strong resistance.

"Tobacco sales can be regulated only on the state level, said tobacco lobbyist Bruce Bereano, who added possession of tobacco products by a minor is a crime.

"'If they take this action, they will clearly subject themselves to being brought into court and being stopped right on the dime,' Bereano said."

Sharfstein claimed that the cigars are a "public nuisance," appeal to children and since they are sold outside of a pack, do not carry the health warning that is printed on the pack. It's worth noting that a similar proposal for a statewide ban on single-cigar sales failed in the Maryland General Assembly earlier this year.

SARASOTA COUNTY IN FLORIDA WILL NOT HIRE SMOKERS

SARASOTA, FLORIDA, May 19 - Sarasota County, Florida announced in May that it will no longer hire applicants who smoke or use other tobacco products.

Under the county's tobacco-free hiring policy, the application process will include a question on whether applicants have used tobacco products in the preceding 12 months.

In addition, the county will screen prospective employees for nicotine during the new-hire physical exam process. The county says it will consider any prospective employee with nicotine above a certain level as ineligible for hire.

In announcing the new policy, which went into effect May 19, the county said it is adopting the policy to promote a healthier workforce and reduce healthcare costs. What is not clear is whether such a policy will withstand a court challenge.

PASADENA ORDERS DRAFT ORDINANCE TO RESTRICT OUTDOOR SMOKING

PASADENA, CALIFORNIA, May 5 - The Pasadena City Council ordered an ordinance to be drafted to sharply restrict outdoor smoking. Pasadena supposedly received a C grade from the American Lung Association for failing to adopt strict smoking restrictions. The proposed ordinance would ban smoking within 20 feet of public businesses, in malls and shopping centers. ‘Outdoor gathering areas' were also identified as areas requiring restrictions.

Brookside Golf Course, the only park area where smoking is allowed is another potential target, whilst smoking on public sidewalks may soon come under increased scrutiny. Dr Takashi Wada, a city health officer, said the city would concentrate on signs and community education. Citations, beginning at $250 and increasing for repeat violations, will be issued for complaint-driven cases.

Councilman Chris Holden raised the idea of making smoking controls that refer to outdoor dining voluntary to begin with; but the idea was not supported.

The new strict outdoor smoking ban will raise the city's grade to B in the Lung Association ratings. Councilman Sid Tyler asked what would be needed for an A grade. He was told that cities like Calabasas have controls on smoking in multiple residential units. Tyler asked for a report on how that might occur in Pasadena.
   
Cigar shops and lounges are still protected by state law against smoking bans and eight such establishments in Pasadena could continue to allow smoking indoors but not outside.
   
Mayor Bill Bogaard said the ordinance would come back in 60 days, and may take effect if approved about six months from now. A report on its success or failure will come back to the council next spring.