CRA NEWS
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!
ILLINOIS SMOKING BAN UNENFORCEABLE IN COURT?
PEORIA, ILLINOIS, September 30 – An Illinois man ticketed for breaking the state's smoking ban had the charges against him dismissed in an Illinois State Court hearing, with the judge ruling that the smoking ban – as written – cannot be enforced through the courts.
The Chicago Tribune quoted the defendant's attorney, Dan O'Day that "The practical effect is that the statute couldn't be enforced right now because the courts aren't the proper forum."
It is not clear whether the case will be appealed by the State's Attorney for Bureau County, where the matter was tried.
WALGREENS TO APPEAL LOSS ON S.F. SALES BAN
SAN FRANCISCO, CALIFORNIA, September 30 – Although denied a temporary restraining order from the County of San Francisco-imposed ban on sales of tobacco products in their stores by a trial judge, Walgreen Co. said it would appeal the judgment.
The drug-store chain, which has 52 outlets in San Francisco, is complaining that a ban on sales of tobacco products in its stores is unfair since big-box retailers such as Wal-Mart and CostCo – which also have pharmacies – are allowed to continue selling tobacco under the new law.
PENNSYLVANIA STATE COLLEGE FACULTY UNION FILES GRIEVANCE
PITTSBURGH, PENNSYLVANIA, September 18 – According to the Pittsburgh Post-Gazette, "The Association of Pennsylvania State College and University Faculties (APSCUF) says its leaders have voted to file an unfair practice charge with the Pennsylvania Labor Relations Board (PLRB). The union said the complaint, which it said will be filed on Monday, is being lodged because State System leaders should have consulted APSCUF.
"‘The PASSHE has cleverly made the politically correct decision to go ahead and ban smoking both indoors and outdoors,' State APSCUF President Steve Hicks said today in a statement. ‘But the system is mistaken if it thinks APSCUF, or other unions, is going to ignore its basic mission of negotiating the working conditions of its members; it is one of its most basic functions.
"‘The system, no matter how politically correct the idea of a smoking ban is, should have negotiated the policy with the union and was insensitive to not recognize the impact on their largest constituent group -- the students.'"
The newspaper reported that the American Federation State County and Municipal employees union also announced its opposition to the ban and its plans to challenge it. The ban covers 110,000 students and 12,000 employees at the state's 14 campuses.
PENNSYLVANIA COLLEGE SYSTEM CHANCELLOR HEARS BAN COMPLAINTS
KUTZTOWN, PENNSYLVANIA, September 18 – New Pennsylvania State College chancellor John Cavanaugh's appearance at Kutztown State University ended up being all about his recently-imposed smoking ban in all areas of the 14 state college campuses.
He was asked why he imposed the ban without any student, faculty or staff input. A protest was held at Kutztown State and a story in the Allentown Morning Call noted:
"After more audience quizzing, Cavanaugh said he respected their right to disagree, but the law ''is what it is'' and, ''the decision is the decision.''
"Cavanaugh said the unions have an avenue for making their complaints known, and he would hear from the vice presidents of student affairs next week about their individual concerns regarding the ban.
"Meanwhile instead of enforcement, Kutztown officials are focusing on educating students and employees about the new anti-smoking rules, calling attention to their smoking cessation programs and putting up signs in parking lots so they are visible to visitors, said spokesman Matt Santos.
"Although campus police can issue citations, ‘'I don't know if it will ever get to the point that we will be citing people,' he said. ''In many ways, this law is going to be a challenge to enforce.'"
THREE STATES SUE BANK OVER TOBACCO SALES
SACRAMENTO, CALIFORNIA, September 18 – The Attorneys General for California, Idaho and New York have reached an agreement with First Regional Bank to stop handling online payments for the sale of tobacco products over the Internet.
The announcement was keyed to stopping sales of cigarettes to minors online but the bank was cited for violating prohibitions against accepting payments for tobacco products. It was not clear whether this might interfere with payments for cigars and non-cigarette tobacco products, but the legislative division of the International Premium Cigar & Pipe Retailers Association was making inquiries.
According to California Attorney General Jerry Brown (D), the investigation was primarily directed at an online tobacco seller named Scott Maybee, who violated laws that required calling "the customer after 5 p.m. to confirm the sale, failing to impose a two-carton minimum and failing to properly print ‘Tobacco Products' on the credit card receipt."
FLORIDA BLAMES NON-SMOKER FOR SMOKING
TAMPA, FLORIDA, September 18 – The State of Florida has identified the cancer-causing agent called 1,2 Dicholoroethane (DCA) in the apartment of a man named Oscar Silva and sent him a letter that the high levels of DCA "are most likely from cigarette smoke . . . since people do smoking in your apartment."
The problem is that neither Silva or his wife smoke at all and neither does their three-week old son, Nicholas. However, a groundwater plume from a nearby Raytheon plant that has been spreading out since 1999 has been identified to include DCA.
According to a story from Tampa television station News Channel 8, other tenants in the same BrandyWine Apartments building don't think smoking is the cause of the high DCA levels and "Neither does Eckerd College environmental studies professor Kip Curtis, who thought the state's smoking theory was flawed even before finding out Silva doesn't smoke. Curtis says established research on smoking can't account for the high levels of DCA found in the two BrandyWine apartments.
"Curtis lays blame squarely on the DCA-tainted Raytheon plume that has been detected under BrandyWine. ‘It would seem extremely unlikely that it's coming from any other source,' Curtis said.
"Reports on file with the Florida Department of Environmental Protection show six test wells have detected DCA in groundwater within 200 feet of the same two BrandyWine apartments that now have elevated levels in their indoor air.
"No one at DEP is willing to comment on whether there is a link between the groundwater plume and indoor air samples at BrandyWine. The Department of Health says it primarily is responsible for protecting residents, not tracing the source of pollutants."
UGANDAN MAN KILLED FOR SMOKING IN BAR
NAGONGERA, UGANDA, September 18 – A Ugandan man named Desiderio Okecho was smoking at a village bar in this small town in the eastern Ugandan province of Tororo was killed after refusing to stop smoking in violation of a national smoking ban.
It was the first known incident of this kind, according to the BBC, since the smoking ban was introduced four years ago.
Local police arrested a former Ugandan national boxing team member, Julius Opondo, after the incident. He reportedly twisted Okecho's neck and killed him during the fight. Police have expressed outrage over what was called "mob justice" in eastern Uganda.
STUDENT PROTEST COLLEGE SYSTEM SMOKING BAN
CLARION, PENNSYLVANIA, September 18 – Students at Clarion College held a "smoke-in" to protest the imposition of a system-wide smoking ban on all state-run colleges in the state. News reports noted that 30-40 protestors showed up despite scattered drizzles.
According to the Clarion News, "Public safety and school officials stood nearby, and distributed yellow cards to the protesters. The cards read: ‘Warning: smoking on campus violates the PASSHE (Pennsylvania State System of Higher Education) implementation of the Pennsylvania Clean Indoor Air Act. Future occurrences may result in possible sanctions including fines and/or disciplinary action'
"Some of the protesters wore T-shirts showing Adolph Hitler and Pennsylvania Gov. Ed Rendell with a no-smoking symbol between them stating ‘best friends with fascist benefits.'"
Another rally, supporting the ban, was held later in the day on the same campus.
STATE SUPREME COURT: SMOKING NOT A CRIME
COLUMBIA, SOUTH CAROLINA, September 17 – The City of Columbia and others throughout South Carolina lowered their fines for violations of the state smoking ban to $25, following a state Supreme Court ruling that capped fines at the level.
The Court ruled that cities could ban smoking, but that fines of $500 amounted to a criminal penalty that was not allowed. If a person smokes in a prohibited place, the individual will be fined $25 and the facility owner will receive a citation. After three citations, a bar or restaurant owner may have their business license suspended or cancelled.
KANSAS CITY BAN MAY BE RELAXED FOR SMOKE SHOPS
KANSAS CITY, MISSOURI., September 17 – The Public Safety and Neighborhoods Committee of the Kansas City Council approved a proposal to change the voter-adopted smoking ban to allow smoking in tobacco shops.
According to the Kansas City Star, the "Committee today supported a change that would allow smoking in tobacco shops where more than 80 percent of sales are tobacco-related. The stores may not sell food or alcohol, may not allow anyone under the age of 18 into their smoking areas, and must have separate ventilation systems."
The proposal will now be put to a vote before the full Council on September 25; nine of 13 Council members must approve it to become effective.
CANADA TO BAN FLAVORED CIGARS?
WELLAND, Canada, September 17 – Canadian Prime Minister Stephen Harper said he backs proposed new regulations against the sale of flavored tobacco products, including some cigars.
According to the Canwest News Service, "The Conservatives have proposed new regulations that would set a minimum package size [of 20] for cigarillos [miniature cigars] to make them less affordable for children.
"The regulations will also prohibit all flavours and additives that would appeal to kids, as well as ban all tobacco ads and promotion in print and electronic media which may viewed and read by youth."
Harper's comments were accompanied by a display of items he purchased at a convenience store that he says must be controlled, including Blunt Wrap cigars, Blunt Load cigars and Twinkle little cigars.
GERMAN MEDICAL SOCIETY WANTS SMOKING DEEMED AN ILLNESS
BERLIN, Germany, September 16 – The German Federal Medical Society is now pushing for smoking – or more clinically, nicotine dependence – to be classified as an illness and treated as one.
The idea is for doctors who determine that patients are addicted to tobacco should be able to prescribe a treatment program. The German Tobacco Federation is unimpressed by the idea, as are German health-insurance companies.
PENNSYLVANIA STATE COLLEGES BAN ALL SMOKING
HARRISBURG, PENNSYLVANIA, September 16 – Pennsylvania state college system Chancellor John Cavanaugh banned smoking – even outdoors – on all 14 campuses last week.
The move has drawn protests at at least three campuses, where students smoked in protest for not even having a chance to give their views on the matter.
The Associated Press quoted Clarion University professor Marite Rodriguez Haynes, who although a non-smoker herself, was concerned about the ban. "It's almost close to Prohibition," she said. "I think it's impractical. It's good for me, but I don't know if it will get people to smoke less."
Naturally, there are few enforcement mechanisms. According to the AP. "For now, university officials are concentrating on educating students and staff about the policy. The law gives state health officials responsibility for enforcement, and they are relying on the public to report violators."
IOWA CONSIDERING ALLOWING GAMBLING TO MAKE UP FOR BAN
DES MOINES, IOWA, September 16 – Iowa lawmakers are acutely aware that the state's smoking ban, imposed in July, has hurt bars and taverns in the state and Representative Brian Quirk (D-New Hampton) is proposing to allow the placement of some type of gambling device in bars to help generate revenue.
The Iowa statute prohibits smoking in most bars, but allows it in casinos. "We're creating this inequity between casinos and bars," he told the Associated Press. "If (bars) were allowed to have some type of gaming device, on a limited basis and heavily regulated, that would go a long way toward keeping their doors open."
The casinos, of course, are likely to oppose anything that would end their monopoly on gaming.
House Minority Leader Christopher Rants (R-Sioux City) told the AP that the gambling idea was "an acknowledgment that they hurt these [bar owners]. They realize how much anger is out there."
ARIZONA REPORT SHOWS BAN HURTS BARS
YUMA, ARIZONA, September 14 – A report on the impact of the voter-adopted Arizona smoking ban from Arizona State University showed that while tax data from bars and restaurants indicated no substantial impact on businesses, one in five establishments that allowed smoking prior to the ban had a decrease in business.
That's 20%! A story in the Yuma Sun indicated that the losers from the smoking ban were primarily smaller, owner-operated bars and taverns which rely on customers who smoke for their livelihood.
EDITOR WONDERS IF BANS GO TOO FAR
ERIE, PENNSYLVANIA, September 14 – Pat Howard is the managing editor of the Erie Times-News and wrote a thoughtful editorial on the new Pennsylvania smoking ban for his paper's Sunday edition. Of note:
"Many smokers are cranky about that, especially as it applies to bars and restaurants, but it was only a matter of time. When you find yourself in a minority whose public behavior annoys the majority and poses a substantial public health risk, you're playing a losing hand."
"I've never been a militant nonsmoker, but I'll enjoy the effects of the ban. And I've reluctantly agreed it's justified given the totality of circumstances."
"Still, it gives me pause that many supporters of the ban have been so quick to blow off questions of personal and property rights central to the issue. The more I've thought about it, the more uneasy and uncertain I've become about elements of the ban."
"Certainly we need to do something about the cost of health care, but there are (or should be) limits to government's power to coerce private behavior even in the service of such a laudable goal."
"Agree with [State Senator Jane] Earll's vote against the ban or not, it was rooted in legitimate and important concerns about the government butting into legal behavior by private citizens on private property. While the smoking ban is a tough call involving competing rights, the urge to transform government into what Earll calls a ‘nanny state' leads to a slippery slope."
"The ban sticks in the craw of a friend who owns an Erie tavern/restaurant. He doesn't smoke and the ban probably doesn't pose any threat to the viability of his business, but his libertarian leanings leave him fuming about government coming into his place and telling him and his customers what to do."
"My buddy's the kind of guy who, if you complained about the smoke in his joint, would cheerfully and directly invite you to find the exit and visit someplace where they do things your way. That's where his thinking intersects with that of Earll and many other opponents of applying the ban to private establishments such as restaurants and bars."
"That thinking goes like this: If you don't like the quality of the air in a private establishment, don't go there. If you're worried about what you're breathing while you tend bar or wait tables, don't work there. If smoke-free air is essential to you, spend your time and money in places that provide it."
Amen.
SMOKING BAN HURTING SOUTH CAROLINA BARS
AIKEN, SOUTH CAROLINA, September 13 – The smoking ban passed in Aiken County and in the City of Aiken has been driving bar and pub customers elsewhere, according to a story in the Aiken Standard.
"It's just about dead in here," said City Billiards owner Linda Allen in the story. She claims to have lost 69% of her nighttime customers and has cut back on staff hours and is considering closing earlier each night.
At the Cork & Bull Pub, profits have dropped by about 25% since the ban was adopted in July by a 4-3 vote. One regular told the newspaper, "It's hard for the 7,000 smokers in town to understand how seven people can rule the community."
Joey Clark, manager of the Cork & Bull, said "We do not serve food here, and we do not serve children here. The majority of the people that we serve spend $10 to $15 on beer. It's more like they attacked us by the way they did things."
BRITISH CUT BACK ON ENTERTAINMENT, BUT NOT SMOKING
LONDON, England, September 13 – A British media-planning group said a poll of 3,000 families showed many are cutting back on entertainment, clothing and food, but not on smoking or alcoholic beverages.
The survey showed that 67% said they were spending more nights at home instead of going out and 53% said they were spending less on clothing. But 63% said they would not be spending less on smoking or alcohol.
NO SMOKING BAN FOR NAVAJOS
FLAGSTAFF, ARIZONA, September 12 – The governing council of the Navajo Nation failed to override the veto of President Joe Shirley, Jr. on a bill which would have banned smoking in most public places on Navajo lands.
The override vote failed by 18 votes, but supporters promised to work with Shirley to overcome his concerns about the bill. In specific, Shirley noted that a smoking ban could lead to lower revenues at the first casino to be opened on Navajo lands near Gallup, New Mexico and cited enforcement and due process problems as well.
BRITISH DOCTORS: BAN SMOKING BY 2025
LONDON, ENGLAND, September 8 – "The Royal College of Physicians says radical measures are needed to curb smoking: swinging increases in tobacco tax; tougher penalties for tobacco smugglers; and promoting alternative forms of nicotine. The college says the approach ‘has the potential to end tobacco smoking in the UK within the next 20 years.'"
That report appeared in the British newspaper The Independent and marked the College's latest broadside against tobacco in a country in which 22% of the adult population (about 10 million people) are estimated to be smokers.
It has filed a report called "Ending Tobacco Smoking in Britain" and according to the report, "says the tax on tobacco should be increased by 10 per cent every year, and its sale restricted to licensed retailers in premises, such as off-licences, from which children should be banned.
"Penalties for smugglers should be increased to match those for class-A drugs such as heroin and imposed also on those who sell cigarettes to children."
Professor John Britton, who chairs the College's anti-tobacco group told the newspaper, "We could [eliminate smoking] if we did everything we know how to do."
SOUTH CAROLINA COURT REDUCES BAN PENALTIES
COLUMBIA, SOUTH CAROLINA, September 8 – The South Carolina Supreme Court held that the town of Sullivans Island can impose a smoking ban, but there are limits to the penalties.
According to the Associated Press, "the justices decided while the town could ban smoking in workplaces, it couldn't make violations a crime because smoking in the workplace isn't against state law.
"The original law called for a $500 fine and 30 days in jail for violators.
"Sullivans Island officials say they have since changed their law to match more than a dozen other local governments across the state who make the violation a civil penalty with a much lower fine.
SCHIP MAY BE DONE FOR 2008
WASHINGTON, D.C., September 8 – Chris McCalla, legislative director of the International Premium Cigar & Pipe Retailers Association sent a circular to the trade that "according to the New York Times, Congressional Democrats do not intend to bring SCHIP legislation up again this year. They have concluded that the President would veto the bill and that the House Republicans will again have enough votes to sustain that veto.
"Furthermore, according to the Congressional Budget office, the cost of the bill has increased, however, the revenues from tobacco taxes remain about the same. Because of the projected cost increases, Congress would need to figure out how to fund the extra cost. Opposition to the current SCHIP bill remains from Hispanic, African- and Asian-American members of Congress due to a lack of coverage for some immigrants.
"Finally, time is a factor as Congress will be adjourning in the next three or four weeks, potentially leaving insufficient time for the legislative process to play out."
There is no doubt that this bill will be reintroduced in 2009 and will surely be agreed to if Barack Obama becomes President. Republican nominee John McCain was a co-sponsor of the original Senate bill on this issue, but has voiced some doubts about the reliability of the funding via tobacco taxes, concerns which now appear prescient.
IOWA BAR TO TEST STATE SMOKING BAN
WEST BURLINGTON, IA, September 5 – Larry Duncan decided he wanted to fight Iowa's smoking ban, so his Otis Campbell's Bar & Grill continues to allow smoking.
Duncan told reporters that "The only thing I can say about it is that I'd have difficulty living with myself if I didn't fight. As long as I'm breathing I'll fight it. We'll get a day in court some day."
He has been cited and now the state is considering not renewing his liquor license, with a hearing scheduled for September 29. Duncan said he is working with Freedom Fighters, a group of other bar owners, and their lawyers.
NEW BOSTON ANTI-SMOKING REGS NOW IN PROCESS
BOSTON, MASSACHUSETT, September 4 – To the surprise of absolutely no one, the Boston Public Health Commission unanimously approved a new set of smoking regulations. It's the first step in the process of further punishing smoking and smokers in the city.
The new regulations would target cigar and hookah bars, prohibiting any new such businesses to open and then requiring all of them to be closed within five years. In addition, the sale of blunt wraps would be outlawed and stores which sell tobacco products would be required to post "harsher" signage to deter people from smoking. Sales of tobacco products would be banned from all pharmacies.
The city is now in the public comment stage and will hold hearings within 60 days.
The city's cigar bars will be active in opposing the proposals. Patrick Kelly, who works at the cigar bar Cigar Masters said he has been in contact with other cigar bars to work together on the issue. "No one who comes in here doesn't know that they are putting themselves at risk [by smoking]," he told MetroBostonNews.com.
NEWEST BAN IDEA: END TOBACCO DISPLAYS
LONDON, ENGLAND, September 4 – The newest idea from the anti-smoking forces is to ban the display of tobacco products so that people will not see them at points of sale. The idea, of course, is to keep youth from taking up smoking, but the Tobacco Manufacturer's Association pointed out that there is no evidence that such displays work. The British effort is a copycat of the recently-adopted current law in Canada.
According to Christopher Ogden, head of the TMA, "There are other initiatives open to the government that would reduce youth smoking such as reducing youth access to tobacco products through enforcing minimum age laws and tackling illicit trade."
British-American Tobacco responded that "great care is needed to avoid ineffectual laws with significant unintended consequences."
The most radical proposal was to eliminate all branding, coloration and logos on all tobacco packaging, essentially creating a series of "white box" brands. According to Dow Jones, "BAT said there was no proper evidence to suggest this would affect smoking uptake. Such a move would breach legal obligations relating to intellectual property, international trade and European law, it added. These laws are needed to protect against smuggling, counterfeiting and piracy, it said."
WICHITA SMOKING BAN STARTED
WICHITA, KANSAS, September 4 – The city-wide smoking ban in Wichita, Kansas has begun, but the city's ordinance also allows for a sensible accommodation program. Smoking is banned, but businesses can apply for a smoking exemption.
The city's chief inspector told the Wichita Business Journal that 160 businesses had applied for a permit, almost all of them bars. Another 14 had applied for a "smoking room" permit, which would allow smoking in a specific room which is separately ventilated.
INDIANA MAYOR VETOES SMOKING BAN
NEW ALBANY, INDIANA, September 3 – A long-simmering dispute over a City Council-proposed smoking ban ended for now with a mayoral veto in New Albany, Indiana.
The proposed ban was adopted by a 5-4 vote in the Council after a contentious city-wide discussion with many people against the expansion of the ban to enclosed "public spaces" including bars and restaurants. But Mayor Doug England vetoed the bill and sent it back to the Council for more discussion.
England said he would sign an ordinance which allowed smoking (a) in bars and restaurants which only allow people 21 and over to enter and which employ only people 21 and over, and (b) in private clubs.
The Louisville Courier-Journal reported that Council member Bob Caesar, who sponsored the ordinance, said he would not bring it up. The Council could override the Mayor's veto with a 6-3 vote, but there was no apparent willingness by any Council member to change their vote.
England's statement noted that "While it's clear that smoking is harmful ‘to smokers and nonsmokers alike,' he said, ‘part of our local economy and certain local groups thrive on the consumption of tobacco products. Their collective voice has been every bit as loud as the experts testifying to the attendant hazards of smoking.'"
AMERICAN CANCER SOCIETY CHASTISES JORDAN
Recent pictures of former basketball legend Michael Jordan playing softball while enjoying a cigar has the American Cancer Society in a lather. TMZ.com and USA Today reported that former ACS president Dr. Cary Presant released a statement saying "When high profile athletes publicly display unhealthful habits they can mislead young people to emulate their behavior," and went on to cite some statistics.
One problem, doctor. Jordan isn't an athlete any more; he's been retired for five years, last playing for the Washington Wizards in the 2002-03 season.
IOWA SMOKING BAN CREATES A NEW PROBLEM
CEDAR RAPIDS, IOWA, September 2 – Not surprisingly, the ban on indoor smoking and restrictions on space between smokers and doorways that eliminated outdoor patios outside restaurants has created a new problem: litter.
Business owners in Cedar Rapids told the Associated Press that cigarette little is up very substantially because of the smoking ban, which came into effect last July 1, despite the presence of standing ashtrays or barrels filled with sand.
A silent protest, perhaps?
WICHITA CIGAR LOVERS SEE FREEDOM DISAPPEAR
WICHITA, KANSAS, September 1 – As a Wichita city smoking ban is scheduled to take effect on September 4, the Wichita Eagle reported on a group of cigar smokers who took one last tour of establishments which will be forced to become non-smoking:
"On Monday, about 45 cigar smokers took part in what was called ‘Freedom Crawl 2008,' which organizers said was a ‘sendoff to yet another one of our freedoms.' "
"In the event, put on by ABC Discount Smoke Shop & Fine Cigars, smokers boarded a party bus at Finn's Bar Downtown and visited three restaurants: Old Chicago West, Yia Yia's Euro Bistro and Fox & Hound. At each, the smokers puffed on cigars."
"‘The goal of it was to kind of have one lone, last hurrah -- and enjoy it,' said Rick Daugherty, owner of ABC Discount Smoke Shop & Fine Cigars."
The city's new law requires that any business which allows people less than 18 to enter might have a separate room for smokers, or ban smoking altogether.
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