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Health Before Liberty: the continuing campaign to make tobacco illegal
in 2002
Then, nine years ago, San Francisco left our hearts smoldering in an
empty ashtray. Of all the gin joints in all the world, San Francisco was
the first to ban smoking. And guess who wants to come to that smoke-free
dinner -- the reformed smoker, the billionaire mayor of New York,
Michael M. Bloomberg.
All the time in his testimony to the City Council and his bombardment in
the media, Mayor Mike cites San Francisco, in a turn on Sinatra's
anthem: "If they could kill it there we can kill it everywhere, it's up
to you, New York, New York." As
a New Yorker, Sidney Zion doesn't know that San Francisco was not the
first to ban smoking. In fact the city never did ban smoking in
restaurants and bars. San Francisco went "smoke-free" because the
anti-smokers finagled the state legislature to preempt local
regulations. When given the chance to vote on smoking, the citizens
passed a very mild law that mandated smoking sections in restaurants and
established some reasonable restrictions in workplaces. Bars were not
touched. A few years after passing this law, the citizens were
overridden by the anti-smoking fanatics in Sacramento. Even after the
statewide, nearly total smoking ban the noncompliance rate is very high
in San Francisco. The local, and completely biased, "Tobacco Control
Section" admits that 40 percent of the city's bars refuse, after five
years of harassment, to comply with the smoking ban.
Beyond that, Zion's piece about the phoniness of the secondhand smoke
scare is completely accurate. Bloomberg, or any other lying politician,
can go on and on about the hazards of secondhand smoke but the evidence
just doesn't exist. Repeating a lie over and over may work in the short
term to advance a political agenda but the repetition cannot transform
the lie into the truth.
November 15 - Smoke Ban Still Up In The Air
- City
officials said yesterday that lawmakers would almost certainly not vote
today on Mayor Michael R. Bloomberg's proposal to ban smoking in all
public spaces in New York, meaning the measure might be overshadowed by
the budget issue. Mr.
Bloomberg views the smoking bill as the most important piece of
municipal legislation he has sought since taking office, and he had
hoped to have the bill wrapped up by the Great American Smokeout on Nov.
21. But passage is now considered highly unlikely by that date, as the
bill will now take a back seat to the intensifying budget negotiations
taking place between the mayor's staff and the City Council. (New York
Times, 11/14/02)
The
Philippines is a poor country with many serious problems. Davao City is
no exception but one anti-tobacco dictator has decreed that public
resources must be drained to fuel his huger for power. Even the Health
Reich of California doesn't indulge in mass arrests of smokers. As
anti-tobacco finds fertile ground in the Third World, expect the
persecution there to become more extreme. Another western import that
will have dire consequences.
The
city's business people, including those who don't allow smoking in their
restaurants, are opposed to unwarranted intrusion in their affairs and
turned out in high numbers to urge the council not to enact a smoking
ban. They know that their profits will dive if smokers are not welcome
in restaurants. The mayor, a supporter of the ban, believes otherwise.
Lashing out at the chamber of commerce for strongly opposing the
proposal to ban smoking, he let loose with the following: "He
[Chamber of Commerce representative] said the ordinance would hurt
these businesses, but he never gave any proof or facts to support it." And
what proof or facts, Mr. Mayor, did you give for the preposterous notion
that cigarette smoke in a well-ventilated, or even stuffy, restaurant is
hazardous to health? Of course, he gave none because there are none to
give. The
West Bend business community and the 5 council members who killed the
smoking ban bill are to be congratulated for refusing to be bullied by
the anti-tobacco pressure groups who have neither facts nor
justification for interfering in matters that are none of their
business.
“I think if the bars and casinos would have been exempt in the first
place...we wouldn’t be in a lawsuit,” said Commissioner Marc Parriman.
He joined fellow board members Tom Pouliot and Steve Netschert in
lending support for a legal opinion circulated by area tavern owners
stating the commission could, in fact, amend the smoking ban.
Anti-tobacco foisted a California-type smoking ban on Helena, Montana.
A vote by the citizens then confirmed what the city council had
legislated. Bars and taverns, to their credit, then challenged the
draconian law in court. The city council thinks the plaintiffs have a
chance of wining and would like to amend the law to allow smoking in
bars and casinos. Because the smoking ban, no matter how increasingly
unpopular it is, was confirmed by a popular vote, the council may be
stuck with a law that could cost the city a lot of money if the bars win
at court.
Wherever anti-tobacco goes, confusion and bitterness follow. Instead of
more business in restaurants and bars, attendance declines and the small
businesses who opposed the ban are left picking up the bill. All rancor
could be avoided if politicians realized that the anti-smokers are a
tiny segment of the population. A tiny segment that cannot make up for
the slack off in business.
“Smokers
would be forced off the streets and into addict-style ‘safe ingesting
rooms’ under a radical plan by Victoria's top health authority. Sealed
smoking rooms would be set up across the city under the VicHealth plan,
with signposts directing office workers in need of a nicotine fix. Busy
shopping strips could also get the designated rooms and smokers could be
made to pay to use them, much like some public toilets.”
Dr. Ron Borland is the co-director of VicHealth's Centre for Tobacco
Control. He says: "Just as we don't want heroin addicts shooting up
in back alleys, so too we don't want to push smokers into those
situations; I believe there will be moves to ban pavement smoking
as a public annoyance issue. It is difficult to justify this ban on
public health grounds, “ continues the criminal, “but in terms of
the annoyance factor, people have to walk through clouds of smoke
to get into buildings and stand behind smokers and this will become an
increasing problem." It
is clear, at this point, that smokers are no longer part of “the
people,” just as Jews were no longer “the people” after Crystal
Night. Segregation is happening again, but this time it is based on
lifestyle rather than race, thus the same thing is called "public
health" instead of "racism". The antismoking criminals who still
desperately deny, ridicule – and even take offence at! – the historical
and the ever-growing contemporary evidence that the persecution of
smokers is of clear Nazi matrix will try to find yet another
excuse, yet another lie to dissimulate the abuses, and to get people to
get used to smokers’ ghettos a little bit at the time – to help them, or
course. But the behaviour of "public health's" criminal minds leave no
more room for doubt any longer. The sad news is: this will continue
to the (very) bitter end until smokers decide to take power in their
own hands, and to physically destroy the machine that
destroys them as people with any force necessary. To know the
alternative, just read the history books.
They oppose the cigarette tax increase, generally for the wrong reasons,
but what makes this editorial noteworthy is its solution to the tobacco
issue:
"Proposition A proponents say more than 100,000 Missourians die each
year from tobacco use and 17,000 children in the state take up smoking
on a daily basis. Those statistics make a stronger case for banning
tobacco than taxing it."
Thank you editors! If, indeed, smoking is such a scourge with
absolutely no redeeming virtues then the only logical, honorable and
moral course to take is to prohibit it completely. If, as the
proponents say, 100,000 Missourians die each year from tobacco use --
one quarter of all those who die from smoking in the United States --
why is debate wasted on tax rates? Ban it. Doing less means that the
tobacco control industry as well as government at all levels is
contributing to the death toll. Alluding to alcohol prohibition is
irrelevant. When faced with slaughter on the magnitude of smoking,
doing less than banning it completely is cowardly and reprehensible.
Minnesota has not been fertile territory for the prohibitionists and
again, it appears that anti-tobacco has lost. Instead of the slam dunk
that occurs in less enlightened places, the city council is listening to
the voters and seems poised to drastically change the proposed law
accordingly:
Council members are eyeing regulations much less restrictive on
restaurants and other businesses than the all-inclusive sample ordinance
it pulled from the city Web site. Indeed, all signs point to the council
opting against enacting a mandatory smoke-free workplace ban in
restaurants.
As the council agreed last week, the proposed ordinance will ban all
smoking on publicly owned property within the city such as parks and
schools. The
second paragraph defines "public" correctly and, although prohibiting a
targeted segment of the city from enjoying the city-owned property they
help finance is reprehensible, leaves private property alone. The
correct distinction between public and private property drawn by the
Eden Prairie city council is encouraging and should be emulated
everywhere.
Using the ruse of the expanding gift shop to justify its capitulation to
the tobacco control industry, airport officials are claiming that
expanding the gift shop will increase revenues for the airport. That is
laughable since they admit that the Reno airport traffic is down 10
percent from last year. How expanding a gift shop that has been selling
aspirin and newspapers to a declining customer base while simultaneously
throwing smokers out to the curb where there are no airport concessions
on which to spend money, is an economic plan that is begging for
failure. The
Reno airport is bucking a national trend back to accommodating smokers.
The new Denver airport, which initially relegated smoking customers to
the outdoors, established smoking areas within the terminals. Boston is
the latest of a series of airports that has announced that smoking areas
will be reintroduced. As the promises of groups such as the Americans
for Nonsmokers’ Rights are proven to be hollow, owners of airport
concessions, as well as airport governing boards, are discovering that
treating smokers as second-class passengers is bad for business.
But it was Judge William Chinnock who asked about smoking during a
hearing on visitation. The mother, who has custody of the girl
identified only as Julie Anne, admitted that adults are allowed to smoke
in her home. Chinnock pointed out the dangers of children's exposure to
secondhand smoke to the mother and her live-in boyfriend. The couple
told the judge their relationship would be severely strained if smoking
was banned in their home.
This day was predicted long ago by anyone who recognized the
totalitarian nature of anti-tobacco. The long arm of an anti-tobacco
judge plucks a child from her home to satisfy his hatred of smokers.
This ruling is a first in that smoking was not an issue in the case and
only became one when the judge inserted his personal biases and
ignorance into an issue that is not his business. Smoking has been used
in child custody cases during the past few years by disgruntled
individuals who are using the issue as a weapon to punish their spouses.
Whether Judge Chinnock's decision stands or not, such overreaching will
be seen more often. Anti-tobacco has never been reticent in admitting
that its goal of eliminating smoking includes hardball tactics that are
purposely designed to ruin people's lives. They are deliberately
attempting to drive wedges between smokers and nonsmokers. Their
problem, which they will never solve, is that smoking is culturally
accepted, legal and widespread across all segments of society.
Nonsmokers have parents, friends, children, siblings, co-workers,
lawyers, doctors, auto mechanics, on and on, who smoke. As nonsmokers'
loved ones are discriminated against, ridiculed and discounted, their
generalized and, so far, mild distaste for anti-smoking rhetoric and
actions will harden into righteous indignation and hatred. It
appears that Judge Chinnock has been waiting for just such a case in
which to push the anti-smoking agenda. The parents don't have an
attorney indicating that they may not have the resources to appeal. The
judge's
decision is a thorough compendium
of secondhand smoke junk science, fully footnoted, as though it were
written not by him but by an anti-tobacco professional. Chinnock is
retired and was pressed into service because the jurisdiction lacks
judges. He has noting to lose by issuing laughably inane statements
such as, "secondhand
smoking kills about the same number of Americans each year as died in
the Vietnam War." Too bad his zealotry is tearing up a family.
"I take exception to bringing a telemarketing campaign to lobby people
to call their commissioners," said Commissioner Ron Otterstad. "It is
just wrong. I'm offended."
Otterstad said that someone at the state level was funding a
telemarketing effort to have people call their county commissioner in
support of an ordinance banning smoking in restaurants. The
commissioners' home phone numbers were published and county staff was
taking calls, interrupting their work. Other commissioners expressed
disgust with the out-of-county effort and demanded that it be stopped.
Although the telemarketing effort was intense and attempted to give the
impression that masses of people were demanding a smoking ban, only six
people could be rounded up to attend the hearing, most of them paid
operatives. Of
the smoking ban, Otterstad said, "Let the business make a business
decision if it wants to allow smoking. Like it or not, it (smoking) is
a legal act. The business owner should be able to add that to their
business."
They have not wavered in their mission to protect the public from
environmental tobacco smoke. The American Cancer Society recently
awarded them for their consistent and lengthy efforts towards a
smoke-free environment by presenting them with Certificates of
Recognition during the ACS Relay For Life event held in Natick. Chip
Thayer, of the American Cancer Society's New England Board of Directors,
was on hand to present the Certificates and say a few words on their
behalf. -
July
5, 2002, FraminghamTab Online
Let's get this straight. The un-elected board of health and an
un-elected (and highly paid) bureaucrat who have been battling
the city's restaurants and bars are rewarded by a tax-exempt pressure
group for their efforts to reduce local business people's profits,
thereby reducing tax revenue for the community. Wonder what they would
get if they actually did their jobs and supported the hard-working
taxpayers of Framingham.
"Needless to say, I'm very disappointed," Roepke said. "I thought one of
them would see the writing on the wall."
Would that be like the "writing on the wall" as described in the bible,
Ms. Roepke? A warning from God, perhaps? Or did you just mean the
local health Gestapo?
Commisioners St. Myer and Stonebraker have rational and moral reasons
for opposing a smoking ban on private property. St.
Myer said he believed the issue was "a matter of choice." Further, "I
don't feel we have the power to tell a businessman how to run his
business." Stonebraker is on record opposing government restrictions
on business. Ron
Bonham seems to believe that his personal trials and tribulations are
the stuff upon which legislation must be based. Personalizing
legislation is rampant in the country and needs to be snuffed out as
thoroughly as the Muncie smoking ban.
She
gullibly passes on the bizarre assertion from California officials that
the smoking ban is not "meant to criminalize smoking." The only reason
smoking bans are ever passed is to criminalize smokers for indulging in
a legal product. Without the threat of arrest or fines no smoking ban
would be observed. The only smoking bans that work without the threat
of force are those that are voluntarily enacted by the property owners
themselves. The
reporter is correct when she states that the California smoking ban law,
the pre-emption model supported by anti-tobacco, would not have occurred
if the population centers were located near the state borders of
freedom-oriented states that have wisely left smoking policies to the
business owners. Whenever people have a choice, they support right of
customers and owners to work things out, including smoking, to their
mutual satisfaction. The
anti-tobacco operatives are less than honest -- now there's a surprise
-- when they claim to see dangers in a state-wide smoking ban. They
want a Massachusetts ban, all right, they just want to make sure that
they are the only interests that write it.
Although the city's ad campaigns touting the city's charms scrupulously
neglect to mention the draconian smoking ban, word is getting out to the
Japanese. The Japan Times features a notice to Japanese tourists
that Aloha is dead in Honolulu.
Talk about a captive audience! Welcome to Honolulu, now drop dead.
Although it is very clever to soften up the poor Japanese tourist who,
once in the air, can hardly reverse course, the message that will sink
in is that America and Honolulu are repressive places, caught up in a
psychotic hysteria that is pretty scary. The
local eateries are upset as they prepare to see their profits dwindle in
the face of a city council decision that ignored their wishes while
catering to the health cartel, notorious for stinginess and plain eating
habits.
December
6 -
Big Lie
- Once upon a time in
America, it was non-negotiable that the two boldest towns in the
country were San Francisco and New York. The Barbary Coast and Hell's
Kitchen were bound together thumb-to-nose against prohibitionists, who
were described by our patron saint H.L. Mencken as those who feared
that "somewhere, someone is having a good time."
November
13 -
Smoke Police Invade The Philippines
- City
councilor Bonifacio Militar wants to make Davao City smoke free. To
that end the police arrested 70 smokers in two days. Their crime, of
course, was to light up in places that, with the stroke of the pen,
became off limits to smoking. Restaurants, billiard halls, bars,
hotels, even the streets, are under the control of the smoke police.
October
31 - No
On Smoking Ban But They'll Be Back
-
Although the proposed smoking ban was defeated by a council vote of
5 to 2 in West Bend, Wisconsin, the ban's proponents used an obscure law
to arrange another vote next week. Those who thought the matter closed
expressed disappointment.
October
31 - City
Smoking Ban Getting A Second Look
-
Fears of paying out big cash settlements to tavern owners if Helena’s
clean air ordinance doesn’t stand legal muster have most city
commissioners wondering if they could amend the smoking ban.
October
11 -
Safe rooms for smokers -
Even
in Australia the effects of the hate campaigns based on the passive
smoke fraud are reaching their logical conclusions. In the Australian
city of Victoria, humiliating smokers by kicking them out to smoke in
the streets like whores (to “protect” non smokers from dangers
that do not exist) is no longer enough. The hatred against smokers
is aggravated by most smokers' own nature. In spite of the humiliation,
in fact, they keep on smoking without physical rebellion for a
variety of reasons – among them, cowardice and the effect of endless
propaganda, which is indispensable to keep them guilty and subdued.
Moreover, the number of smokers does not decrease at all! What can be
done next? Simple, even more humiliation: remove them from the
streets, and force them into “safe ingesting rooms” – right
alongside with heroin addicts.
September
27 -
Has Hell Frozen Over?
- The
specific issue addressed in this editorial is a huge cigarette tax
increased placed on Missouri's ballot by anti-tobacco interests that
will benefit financially if it is passed by the voters. The editors are
obviously not sympathetic to smokers, quite willing to insult them, in
fact, with a slanderous headline, nor do they know anything about the
frauds that have delivered smoking to the public arena. They do have,
however, some rudimentary common sense that is almost completely lacking
in today's media.
September
27 -
Public Places
- Just another smoking ban but this time, the politicians are
lurching to reality. The location is Eden Prairie, Minnesota and, as
usual, anti-tobacco special interests are leading the charge to ban
smoking in "public" places such as restaurants and bars. As always, the
word "public" is referring to private places, generally those where the
public can enter if it chooses to do so.
September
26 -
Double Talk At The Reno Airport
- With no warning the directors of the Reno/Tahoe International Airport
decreed that smokers are no longer welcome. Ignoring protests from
smokers, non-smokers and the tourism industry, the airport board took
its marching orders from the Americans for Nonsmokers’ Rights by
announcing that the two glass-enclosed smoking rooms within the
terminals will be dismantled to make way for gift shop that will
probably sell cigarettes that people can't smoke.
September
16 -
Anti-tobacco Judge Sets Smoking Policy In Private
Homes
- A judge in Lake County has barred the estranged parents of an
8-year-old girl from smoking in her presence or allowing anyone else to
puff around her. Legal experts say the custody case ruling is a first
because the issue was brought up by the judge. Typically, a tobacco-free
parent raises concerns about smoking, either looking for a bargaining
chip or because of a child's health problem.
July
19 -
Anti-tobacco Making A Nuisance Of Itself
- The issue was a county-wide smoking ban in a Minnesota county but what
got the commissioners hot under the collar were the aggressive and
intrusive tactics of a anti-tobacco pressure group.
July
18 -
Court-shuffling in Oklahoma
- The Oklahoma Restaurant Association
succeed in moving its lawsuit against the Oklahoma smoking ban back to
Creek County District Court from the federal court in Tulsa. Yesterday,
Oklahoma District Judge Donald D. Thompson issued a temporary
restraining order prohibiting the state Health Department from enforcing
smoking regulations in Oklahoma restaurants and indoor workplaces.
Health Department lawyers have now turned to the 10th U.S. Circuit Court
of Appeals in Denver to have the lawsuit heard in federal court in Tulsa
instead of district court in Sapulpa.
July
10 - Fight The Citizens, Win A Prize
-
The Framingham Board of Health and the Board of Health Tobacco Control
Executive, Michelle Zeamer, have been embroiled in a lengthy battle with
Framingham restaurants and bars in their effort to become 100% smoke
free.
July
10 -
Ban Canned In Muncie
- The Delaware County commissioners on Monday snuffed out a proposed
ban on smoking in local restaurants. Commissioner Ron Bonham cited his
battle with cancer in voting to approve the ordinance, but Commissioners
James St. Myer and Jack Stonebraker voted against the measure. Judith
Roepke - a member of the county health board and co-chairman of the
commissioners' task force that proposed the ban - said proponents of a
ban were saddened by the decision.
July
10 -
Double Talk About Pre-emption
- Where to begin with the inaccuracies in this report from the Taunton
Gazette about the pitfalls of enacting a state-wide smoking ban in
Massachusetts. Although the reporter accurately labels smoking bans
"prohibition", she gets the facts wrong about the smoking ban in
California. Restaurants and bars are indeed forbidden to allow smoking
on their premises but most of the casinos are exempt from the ban since
they are located on Indian reservations and are not subject to many of
the sillier California laws.
June
28
-
Smokers Not Welcome
-
These are not the best of times for Honolulu. Tourism, its major
industry, is way down and the city council wants to make it worse.
Ignoring the pleas of the hospitality industry, the council recently
enacted a smoking ban that will ultimately ban smoking everywhere. It's
bullheadedness alienates the largest block of tourists who visit the
city and spend the money that keeps the city afloat. The Japanese smoke
a lot and will be mighty angry when told they cannot smoke while dining
out.
June
28 -
Honolulu Prepares For Smoking Ban
- A brochure explaining the new law has been sent to restaurants in
Honolulu, and a seminar on implementing the law was held last week.
Brochures have also been printed in Japanese and a video is to be
shown to tourists coming into Honolulu on flights from Japan, Holmes
said.
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