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We, The "New Lepers" by: Thomas K. Hyland, Jr. © December 6, 1996 In ancient Biblical times, the unwritten law was very simple. In order to avoid being stoned to death, an afflicted person merely was required to scream out "UNCLEAN, UNCLEAN!" This verbal warning was for the protection of the greater society at large, so they could avoid any contact with the dreaded Leper. Leprosy was and still is contagious! There was even a beautiful story about Jesus working a miracle by healing ten lepers one day; but only one returned to give thanks to God. One can only assume that the reaction of the other nine was human in nature. That is, once "clean" they could rush back to join the majority again, without fear of reprisal, no longer being totally ostracized. However, most of these poor unfortunates were forced to band together and live apart in leper colonies, ignored by the masses, left alone to simply "rot". Only the Lord knows how many centuries went by, before medical technology advanced enough to actually find a cure. Although leprosy still exists today, we don't hear very much about it. Like other changes that occur with the passage of time, new fears of contagion come to the fore, like AIDS Acquired Immune Deficiency Syndrome (AIDS), we are told, is contracted predominately by forms of: sexual transmission, drug syringe "sharing", and by blood transfers, both transfusions and/or "spilling". This newest, greatest epidemic has now swept the world, has garnered billions and billions of dollars of support, in order to accomplish several things. Huge sums have been spent on: medical research (searching for a cure), advertising (to educate the public), and health care (for medical treatment and monitoring). Amazingly enough, these particular "unfortunates" are covered by law under the Americans with Disabilities Act (ADA), to not only protect the confidentiality of their life-threatening plight; but, their employment as well. By law, employers are prohibited from warning all the millions of other employees of the hazards they are working with, side-by-side, each and every day. Conversely, the AIDS (HIV Positive) victims themselves are not required to warn "UNCLEAN, UNCLEAN!", and there are no obvious, easily detectible physical warning signs, like flesh peeling off! One can easily identify the outward and obvious discrimination which was powerfully thrust upon the aforementioned victims in these two distinct cases. Though each and every victim had to suffer (morally, spiritually, and physically) for many years, and many have died in the interim; ultimately, the government and society at large finally acted to do something positive, in an effort to promote Justice and Fair Play. This brings us to our "real" topic, a different kind of victim, the "New Leper" of the "New Age" --- the SMOKER! The government (Big Brother, in all its forms: Federal, State, City, County, Municipal, Borough, Parish, et al) has taken the task upon itself to establish, fund, and implement a conscious, concerted effort to complete a "search-and-destroy" mission. Heaven forbid that anyone would do anything to expose the real culprit RADON — but, that's another story, for another day! Oddly enough, we smokers don't have to shout out, "UNCLEAN, UNCLEAN!", because we obviously STINK! Our garments, our hair, our individual and collective breaths "reek" of smoke! Anyone who passes us by needs no other warning. When we are, in fact, smoking, the smoke itself is a telltale sign! While we may be victims (of perhaps nicotine addiction, a highly publicized; but still debated issue) nevertheless, the result is immensely huge profits reaped by the Tobacco Industry as a whole (with correspondingly huge taxes reaped by all aforementioned "Big Brothers") for our "enjoying" a legal product, available on the shelves of every: candy store, gas station, 7-11, Rite-Aid, Revco, Royal Farms, and a veritable myriad of other stores. Now bear in mind that all of these businesses are reaping huge profits, hopefully paying huge taxes also; but, in the final analysis, all of these exorbitant costs, and accompanying taxes are totally "passed on" to us -- the SMOKERS! I would estimate conservatively that my personal smoking "habit" has cost me about $20,000 over a forty-year period. We pay the entire "tab" (including all the exorbitant taxes which go into the government coffers) yet, we are also forced to pay higher life and health insurance premiums also! We are singled out, and are discriminated against in the form of punitive taxes, as well as the imposing of unwarranted restrictions and bans against buying a legal product. This STINKS! Be that as it may, what about the other so-called negatives of smoking? Widely claimed "second-hand smoke" disorders and deaths(while IF TRUE, may take years to exact its toll) represents a big, red flag -- something to blame, someone to blame -- and yet, again I am forced to repeat myself. Could any of these so-called "statistics" be traced back to something else? Has this other "ogre" been hidden by our astute leaders for over a half-century, while quietly killing people in their own homes? Heaven help us, would another "truth" cause the masses to panic? As mentioned earlier, this other silent but deadly killer's name was neatly "tucked away" in professional and scientific journals, until only about ten years ago... RADON! You may be a NON-SMOKER who is slowly being asphyxiated in your own basement "recreation" room, so do yourself a favor, and go do some research. Sorry, I digressed for a moment, back to another legal product, that's also found on millions of shelves, in millions of stores, in billions of bottles and cans... ALCOHOL! It is available in so many shapes, sizes, flavors, mixtures, and concoctions, that it is mind-boggling! And yet, it is also a "killer". I was recently informed by a prominent attorney that: the majority of deaths of little children, on America's highways is caused, or linked to, DRUNKEN DRIVING. Have you ever seen a little child instantly killed by cigarette smoke? NOT HARDLY! Such "accidents" occur within split-seconds, not years! They are violently, abruptly, ripping people's hearts out and destroying families, in the blink of an eye! You want something to BAN? You need a real crusade? Trust me, I'm fifty-six years old and also enjoy my beers; but I would give them up in a heartbeat, if it became necessary. Is "Big Brother" so anxious to pull all the alcohol off the shelves of America? Remember the "Roaring Twenties" and "Prohibition"? It simply did not work! Black-Marketing, "Boot-legging", and Racketeering had its "heyday", and gangsters made their fortunes. As long as any huge industry is able to employ millions of people, and pay (hopefully) huge sums of taxes (income, sales, excise, import, etc.) no Big Brother is ever going to "rock the boat". It would seem that Justice stops wherever the "buck" does! Next, consider another dilemma of smoking. What protections do smokers have under the ADA (Americans with Disabilities Act)? None? Some, maybe? This issue is yet to be determined in our esteemed Halls of Justice. Millions of smokers are waiting for some attorney with "chutzpah" (it can be interpreted as "nerve") to step forth, accept the challenge, and start the assault. Two key words used in the ADA law are "reasonable accommodation". What does this phrase mean in simple laymen's terms? To take some sort of positive action, which is equitable or fair to all concerned, that is also easily achievable (not costly) to a prudent person or group. Many, many employers in almost one-half of the individual states have, in fact, done exactly this. They simply set up "designated smoking areas" with exhaust fans to the outside. This action is fair to all, and qualifies as a reasonable accommodation. However, approximately the other half of the states have done just the opposite - arbitrarily banned smoking in all businesses - not just "public places". Do these states (including Maryland) have the Constitutional rights to do so? If this issue (smoking) is a National issue, must it accordingly be resolved in the Supreme Court of the United States? Where, oh where, is our Champion? Is an individual who was born and raised, and spent a life-time supporting his/her state of residence with tax dollars supposed to simply uproot the entire family and move out of state, to find gainful employment where "reasonable" smoking in the workplace is legal? "... and Justice for All!" SURE! I personally was just "terminated" (six weeks before Christmas, 1996) for supposed "insubordination", because five "professional" business owners were offended by a memo of rebuttal which I wrote! Why? Because I had the audacity to challenge an arbitrary supposition that an existing, legal, qualifying "reasonable accommodation" (a designated smoking area) was "probably a violation of the recent Maryland law". After eleven years and ten months of loyal, faithful service (wherein I saved them over a quarter million dollars, not to mention probably saving their three million dollar building from burning down), I was cast aside like some stinking heap of trash, with not one red cent of severance pay! That STINKS! They not only "used" me as a scapegoat to scare the living day-lights out of twenty other fellow smokers, as well as over one hundred and sixty non-smokers, but also did worse. They allowed "one of their own" to constantly abuse me through: intimidation, harassment, and discrimination, for a period of almost two years! The "decree" to close the "designated smoking room" was simply the "straw that broke the camel's back." It was the culmination of my being worn down, by "treading water" and "dodging bullets" for such a long period, that I was stupid enough to jump right into their "trap". I spoke out for justice, and was rewarded with vindictive reprisal, and the sad loss of friends too afraid to speak out. Interestingly enough, Maryland happens to also be one of the minority of states with a "termination-at-will" doctrine. This means that any employer of any employee, can simply fire him or her, on the spot, on any given day, without cause or reason. This also STINKS to the High Heavens! Yet, it is the Law! Somehow, somewhere, our state "representatives" got together and passed a law, of which the majority of taxpayers and citizens of the state are totally unaware... now, that’s a laugh, who in their right minds would actually elect an official who would "sell them out" by taking away their right to work? When was this law passed? By whom? How did they "sneak" it through? Who cares? It took me over four months to even locate a local attorney who would even consider taking my case, and that was with the help of the National Smokers Alliance! A "demand" letter to said prior employer was totally ignored. After months and months of telephone calls and other follow-ups, a Complaint was finally prepared and filed in court. It took almost three more months before the court got around to actually recording the complaint. Within two days, they were "served", and then the defendant’s attorney filed a "Motion to Dismiss", whereupon we filed an "Opposition" to Motion to Dismiss, and they responded with a "Defendant’s Supplemental Memorandum in Support of Motion to Dismiss Complaint and as Reply to Plaintiff’s Opposition." Isn’t legal jargon just wonderful? Just one week ago today (one year and five months later), we were granted a Hearing in The Circuit Court for Baltimore City, whereupon the two attorneys "parried and thrust" back and forth with their citing of various cases, and the Judge then made a Ruling. To wit, five out of the seven counts were dismissed with Prejudice, but we were granted twenty-one (21) days to Amend, and re-file on two counts. I sat there in amazement, when would I get a chance to speak? I was the aggrieved party, I had suffered two years of harassment (and have 800 pages of personal documented notes to prove it), yet the "System" did not allow me the opportunity to say one word! At one point, I meekly raised my hand, and said, "your Honor?", whereupon my attorney quickly stopped me, for fear that I might alienate the Judge! What a Country! This is not just a sad commentary about one man and one company, and one state... NAY ... it is the true story of our entire society, and its loss of individual "freedoms", solely because of the apathy of the public-at-large. My freedom may well stop where your "nose begins"; but, by God, the reverse is true also! We, the New Lepers, are NOT criminals, and are entitled to "equal protection under the law." Has the "Great Society" forgotten what America used to stand for? Every help-wanted ad cries out, "EQUAL OPPORTUNITY" --- EXCEPT FOR SMOKERS --- that is! In closing, where has all the fairness gone? What has happened to the religious principles this country was founded on? Which segment of our "BROTHERHOOD" shall we all attack and destroy tomorrow? Is everyone out there going to continue to play "ostrich", with your heads buried in the sand? Is this still America? You better all wake up and smell the "stench", or all of a sudden, we’re going to be chanting "Seig Heil" to some lousy dictator. If you choose to sit idly by, and watch the freedoms of "others" be silently and subversively "stripped" away, who will come to your aid, when the "wolf" is at your door? Suppose "Big Brother" decides to "protect" us all from the evils of: watching television, or going to the movies, or eating meat, or even READING censored material? YOU could be next, on the "hit" list ..... THINK about it !!! Consider the following quotation, written in late 1776 by Thomas Paine, pamphleteer and soldier, in his series called The Crisis, "These are the times that try men’s souls: the summer soldier and the sunshine patriot will, in this crisis, shrink from the service of his country; but he that stands it NOW, deserves the love and thanks of man and woman."
Written December 6th, 1996, by: Thomas K. Hyland, Jr. Revised: April 29, 1998 © 1996 E-mail Mr. Hyland with any comments. (Reproduced with permission from author)
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