FORCES - Norman Kjono's Corner || Link to Norman Kjono's Corner Main Page || Write to Norman Kjono



What Is I-890 And Who Is Behind It?

By Norman E. Kjono, May 3, 2004

April 1, 2004 the title and description language for Washington’s I-890 – the smoking ban that isn’t, where tribal facilities are concerned – was completed by Mr. Jeffrey Even on the Solicitor General’s Team in Washington Attorney General Gregoire’s office. The wording crafted by Mr. Even for I-890, as reported in my April 2, 2004 commentary “April Fool’s Day: Choked Up In Washington,” was as follows:

Ballot Title
Initiative Measure No. 890 concerns amending the Clean Indoor Air Act regarding smoking prohibitions. This measure would prohibit smoking in buildings and vehicles open to the public and places of employment, including areas within 25 feet of doorways and ventilation openings unless a lesser distance is approved.

Should this measure be enacted into law? Yes[ ] No[ ]

Ballot Measure Summary
This measure would prohibit smoking in public places and in places of employment. Current laws allowing designation of certain smoking areas would be repealed, including current provisions allowing designation of an entire restaurant, bar, tavern, bowling alley, skating rink, or tobacco shop as a smoking area. The prohibition would include areas within 25 feet of entrances, exits, opening windows and ventilation intakes, unless shorter distances are approved by the director of the local health department.“

A lawsuit to challenge to the above wording was filed by Tim Iszley, owner of the Silver Dollar Casinos, which include a casino in Tacoma . April 14, 2004 Thurston County Superior Court Judge Gary Tabor ruled that the descriptive language for I-890 must be changed to include the fact of tribal exemption and stating that I-890 is an expansion of smoking prohibitions. The amended wording for I-890, prepared in accordance with Judge Tabor’s ruling, is as follows: 

“Ballot Title
Initiative Measure No. 890 concerns amending the Clean Indoor Air Act by expanding smoking prohibitions. This measure would prohibit smoking inside buildings and vehicles open to the public and places of employment and within a reasonable distance outside their airway openings. Tribal establishments are not affected. (Underline added.)

Should this measure be enacted into law? Yes[ ] No[ ]

Ballot Measure Summary
This measure would prohibit smoking in public places and in places of employment. Current laws allowing designation of certain smoking areas would be repealed, including current provisions allowing designation of an entire restaurant, bar, tavern, bowling alley, skating rink, or tobacco shop as a smoking area. The prohibition would include areas within 25 feet of entrances, exits, opening windows and ventilation intakes, unless shorter distances are approved by the director of the local health department.”

Readers can confirm the Ballot Title and Ballot Summary wording for I-890 by going to the Web site for the Washington Secretary of State  and scrolling down to that initiative number. I-890 is directly modeled after the December 3, 2003 smoking ban enacted by the Tacoma-Pierce county Board of Health. Considering the source of the Model Ordinance applied to the smoking ban in Pierce County as discussed below it is certain that the Pierce County ban and I-890 will be virtually identical.  

The first answer to the question “What is I-890?” is that the initiative is a proposed law for which the public description has changed. A ruling by the courts has required that the public be informed I-890 does not effect Native American tribal establishments, which discloses a fatal flaw in its content: rather than “protecting all workers” as claimed I-890 actually crafts a virtually exclusive franchise – a monopoly -- for tribal establishments to accommodate the market segment of patrons who smoke. With the predictable migration from nontribal to tribal establishments by patrons who choose to smoke as an integral part of their hospitality experience I-890 assures that more hospitality employees will work in facilities not subject to a smoking ban. I-890 is an initiative that assures tribal casinos, restaurants, taverns, and bars will prosper while similar nontribal establishments are damaged and may ultimately go out of business.  

Along with that change in Washington hospitality industry’s competitive business environment comes a change in the tax base and regulatory environment for city and county government: tribal facilities are not required to pay property taxes that nontribal establishments must, nor are they subject to building permit and inspection requirements that nontribal business are. In addition, tribal businesses are not required to pay workman’s compensation to the state or to contribute to unemployment funds. Finally, tribal establishments are subject to pay federal minimum wage with a tip offset, they do not pay Washington ’s minimum wage. Under I-890 city and county property tax revenues can decline, state workman’s compensation and unemployment funds are diminished, and hospitality workers can experience reduced wages and benefits. I-890 benefits special-interests that advocate it and their allies but seriously harms the legitimate economic interests of many others including nontribal hospitality business owners and their employees, city and county tax districts, as well as state worker funds.  

Given those realities it is important to note that our state legislature refused to adopt a statewide smoking ban during the 2004 legislative session, as it has refused to do during two preceding sessions. Members of our state legislature who have stood firm against tobacco control advocacy’s statewide smoking ban agenda should be commended for their resolve, rather than castigated for standing firm against a statewide ban. Do we really expect our elected legislators, who represent the interests of all citizens, to roll over to the demands of a special-interest advocacy group and thereby diminish the legitimate interests of small business owners and their employees, city and county tax districts, state worker funds, and our regulatory environment? More to the point, are the legitimate interests of all state citizens – smokers and nonsmokers alike – subordinate to the self-serving demands of a political insider special-interest clique?  

Considering the foregoing issues it is appropriate that the original wording of I-890 was completed and filed with the Washington Secretary of State by the Office of the Attorney General on April Fool’s Day: I-890 is the statewide smoking ban that really isn’t, and along with comes a host of negative consequences that can severely damage the competitive environment for Washington small businesses and their employees, as well as diminishing revenues to many city, county, and state funding requirements. An analysis of 10 principal points and 6 questions about I-890 is provided in my April 2004 commentary “April Fools Day: Choked Up In Washington,” published by Forces.org. 

What Is I-890 Not?

 The changes to title and description of I-890 and their implications establish that I-890 is not a true statewide smoking ban at all, it is not a law that supports city and county tax bases or local and state regulatory schemes, nor it is a proposed law that protects all hospitality workers as represented. Changes to I-890’s description and source documents related to that initiative merit careful review. All citizens, including those who could be asked to sign petitions to place I-890 on the ballot or to vote for I-890 should it gather sufficient signatures to be placed on the ballot, as well as city and county elected representatives and state legislators or agency managers should review the details of that initiative. Additional facts about what I-890 is not are revealed by documents received through Public Disclosure Requests and/or from other sources.  

Review of documents filed with the Washington Public Disclosure Commission, Resolution 2003-3527 passed by the Tacoma-Pierce County Board of Health in December 2003, copies of expert presentations about secondhand smoke to the health board, E-Mail exchanges with attorney general’s office staff, and E-Mail exchanges between Pierce County health officials and Mr. James Repace show the story about I-890 goes much deeper than mere changes to a ballot title and description. Selected documents from those sources are presented in I890FACT.PDF included with this commentary. All page numbers referenced in the below are for that attached .PDF document unless another source is identified. When reviewing Tacoma-Pierce County Health Department documents readers should remember that Mr. John Britt was the Tacoma-Pierce County Health Department official responsible for preparing information for the Board of Health to rely on in adopting Resolution 2003-3527 on December 3, 2003. Mr. James Repace is a secondhand smoke consultant hired by the Tacoma-Pierce County Health Department at a cost of more than $7,800 to provide testimony in support of the Board of Health adopting Resolution 2003-3527.  

Four additional facts about what I-890 is not are presented in E-Mails between the Tacoma-Pierce County Health Department and its secondhand smoke consultant Mr. James Repace:  

First: Smoking bans that have been imposed by the Pierce County model for I-890 and would be imposed by I-890, such as smoking bans in bars, are not supported by public opinion. In his November 14, 2003 E-Mail to Mr. James Repace (PAGE 1.) Mr. Britt says: “I have purposefully left out our county surveys of public attitudes. Some of them are favorable, but others are not (less than 1/3 support smoke-free bars) . . .” (Underline, italic added.)  

Second: Neither the smoking ban in Pierce County nor I-890 are supported by studies of actual Environmental Tobacco Smoke (ETS) in Washington hospitality workplaces. According to an E-Mail to Mr. Repace from John Britt on or about June 24, 2004 (PAGE 2.) the State of Washington declined to fund a cotinine study to examine actual ETS work place exposures. Cotinine is a metabolite of nicotine. Though there are potentially severe problems with that approach, cotinine studies are often used to estimate ETS exposures. Mr. Britt says “I had planned to conduct a cotinine study here in our county, but the DOH declined to provide the funding.” (Underline added.) “DOH” refers to the State of Washington Department of Health, for which Mary C. Selecky is the Secretary. Not only are the smoking ban in Pierce County and I-890 not supported by ETS exposure measurements but given the opportunity to conduct such studies the State of Washington refused to do so.  

Third: The Pierce County model for I-890, and therefore the initiative itself, are not based on an objective presentation of credible science about secondhand smoke. In the June 24, 2003 E-Mail exchange it becomes transparent that Mr. Britt “cherry picked” studies to support the case for a smoking ban in Pierce County . Mr. Britt explicitly asks Repace for guidance about “which of the volumes of second hand smoke studies we should (and should not) include as part of the findings used to support the [ Pierce County ] ordinance.” (Underline added.) And in a November 17, 2003 E-Mail to Mr. Repace (PAGE 3.) Britt requests from Mr. Repace “Identification of any inappropriate references that should be removed or substituted with more appropriate ones.” (Underline added.)  

Fourth: The Pierce County model for I-890, and therefore the initiative itself, are not based on complete and authoritative findings about Environmental Tobacco Smoke by the Tacoma-Pierce County Board of Health. The board’s findings were crafted with the assistance of Mr. Repace, with an eye to buttressing the “defensibility” of the county smoking ban. In his November 14, 2004 E-Mail to Mr. Repace (Mr. Britt says about information presented to the Tacoma-Pierce County Board of Health “Though tempted to enclose some enticing single articles I have kept myself to reviews and summaries and, in one case a meta analysis. From a defensibility standpoint I think this is safer. The position papers and fact sheets are called (sic, “culled”?) out . . .” (Underline added.)  

We therefore proceed with this analysis of what are I-890 and the Tacoma-Pierce County Board of Health’s December 3, 2004 smoking ban after which it is modeled with a broader understanding of several clear facts about what I-890 and its Pierce County model are not:  

  1. The new Washington smoking bans are not supported by public opinion, in fact 2/3 of survey respondents reportedly do not support such bans.
  2. The new Washington smoking bans are not supported by Environmental Tobacco Smoke exposure studies for Washington hospitality workplaces.
  3. The new Washington smoking bans are not based on objective presentation of credible science about the alleged risks of Environmental Tobacco Smoke.
  4. The new Washington smoking bans are not supported by complete and authoritative findings about Environmental tobacco Smoke.
  5. The new Washington smoking bans do not “protect” all workers from the alleged risks of secondhand smoke.
  6. The new Washington smoking bans do not apply equally to tribal and nontribal hospitality establishments.
  7. The new Washington smoking bans do not support local city and county tax bases or regulatory schemes, in fact they cause a dramatic shift in them.
  8. The new Washington smoking bans do not support state workman’s compensation and unemployment funds, in fact they could ultimately diminish payments to those funds.
  9. The new Washington smoking bans do not support the legitimate business interest of nontribal hospitality establishments owners, in fact they directly hurt those interests.
  10. The new Washington smoking bans do not support the employment prospect, wage, or benefit interests of hospitality employees, in fact they directly hurt employee’s interests.

 Given the above list of what the smoking ban in Pierce County and I-890 are not, one questions how those two special-interest mandates could have proceeded as far as they have to date. What state legislator, or city or county council member, could earnestly support new regulations that include the above 10 fatal flaws?  

What Is I-890?

 April 16, 2004 the Tacoma-Pierce County Health Department mailed its response to a Public Disclosure Request (PDR) for documents associated with the December 3, 2004 testimony of Mr. James Repace before the county Board of Health. The Tobacco Control Resource Center, Inc. with which Mr. Repace is associated has received Robert Wood Johnson Foundation total current grants of $1.1 million, including a $300,000 grant for which Mr. Repace is the Project Manager and the grant title is “Analysis of the effects of secondhand smoke in the hospitality industry.”  Mr. Repace’s testimony was introduced by Tacoma-Pierce County Health Department manager Rick Porso to support passing the board’s Resolution 2004-3527, which enacted the smoking ban in Pierce County. The documents received included several internal E-Mails between the county health department’s John Britt and Mr. Repace, invoices for payment of Repace’s $7,836.50 fee for testimony services, as well as communications with Mr. Repace by the department’s General Counsel Susan L. Ferguson. I address in this commentary the subjects of what is I-890 and who the people and organizations associated with it are. A later work, “Tide Flats Testimony,” will present an analysis of Mr. Repace’s testimony before the Tacoma-Pierce County Board of Health.  

The contents of those documents reveal that Mr. Britt withheld information from the Board of Health’s public briefing, culled – cherry picked -- study results to include those deemed to be appropriate, and that the county invited Mr. Repace to assist in drafting the final Board of Health resolution. Mr. Repace did edit and change draft text for the “Findings” of the Tacoma-Pierce County Board of Health about secondhand smoke (see PAGE 4., which contains Repace’s strike-throughs and additions.)   

The Minutes of the December 3, 2004 Tacoma-Pierce County Board of Health meeting  and the content of the board’s Resolution 2003-3527  can be accessed by clicking on the preceding bold text for each.  

A directly related “Model Ordinance”  published by Americans For Non-Smokers Rights (ANR) is very important: many of the sections in the Tacoma-Pierce County Board of Health’s smoking ban Resolution 2003-3527 are identical to that of the Robert Wood Johnson Foundation’s Model Ordinance as published by Americans for Nonsmoker’s rights (see, for example, section headers of the ordinance are similar and address the same subjects, many definitions are verbatim, prescribed distances of no smoking within 25 feet from entries is the same, etc.) Americans For Nonsmoker’s Rights is the beneficiary of two grants from the Robert Wood Johnson Foundation, which total more than $1.1 million (see a $971,114 grant for “Establishment of the Institute for Advocacy on Environmental Tobacco Smoke”  and a $142,654 grant for “Educating the public and policy makers about clean indoor air issues”  .)  

A checklist titled “MODEL ORDINANCE ELIMINATING SMOKING IN ALL WORKPLACES AND PUBLIC PLACES INCLUDING RESTAURANTS AND BARS(100% SMOKEFREE)”  for communities to prepare for enacting the Model Ordinance is also provided by ANR. ANR’s checklist and model smoking ban ordinance are accessed from its Smokefree Advocacy  page. And ANR’s Web site is accessed through a link from www.rwjf.org, which currently says on its front page:

Smoking in the Workplace
While most white-collar workers enjoy smoke-free environments, a new study reports that less than half of all U.S. food-service employees benefit from smoke-free workplace policies. 

By clicking on the above “Smoking In The Workplace” icon readers are routed to a page that provides the following link: Taking Action Against Second-hand Smoke (Centers for Disease Control and Prevention. That link provides clear guidance on processes, and refers people to resources available, to successfully promote smoking bans.

The Tacoma-Pierce County Board of Health’s December 3, 2004 “Findings” about Environmental Tobacco Smoke include  several references to studies by University of California at San Francisco professor Stanton Glantz, including those regarding the economic effects of smoke-free policies in the hospitality industry. See, for example, PAGE 5., item 2.42. Prof. Glantz is the Contact Person for a $678,819 grant from the Robert Wood Johnson Foundation for which the title is “Educational campaign for restaurant owners on smoke-free restaurants.”   By clicking on the “List All RWJF Grants To this Grantee” icon readers will find total current grants to the University of California at San Francisco are more than $15 million.  

In addition to the above references, it must be noted that smoking bans – as used to limit the opportunities to smoke -- are an integral part of a written strategy to replace cigarettes with what are described as deeply inhaled, fast acting, and highly addictive pharmaceutical nicotine inhalers. That strategy is presented in a research paper by Walton Sumner II, MD with Washington University in Saint Louis , titled “Estimating the Health Consequences Of Replacing Cigarettes With Nicotine Inhalers,”  and published by Health Research, Inc.’s journal Tobacco Control in its June 2003 edition. I wrote about that strategy in “XXX Products,”  published by Forces.org. That work includes grant numbers for more than $3 million in previous grants to Washington University in Saint Louis that are no longer included in the RWJF Current Grants. The journal Tobacco Control is the direct recipient of a $200,000 grant from the Robert Wood Johnson Foundation titled “Support for tobacco control journal,”  as well as a $104,447 grant from that foundation titled “Supplement to the journal Tobacco Control.”  By clicking on the ““List All RWJF Grants To this Grantee” icon for the $200,000 grant to Tobacco Control journal readers will determine that total grants to Health Research, Inc. total more than $8.8 million.  

Section 11, “Consultation With the Puyallup Tribe” on Page 17 of the Tacoma-Pierce County Board of Health’s smoking ban Resolution 2003-3527 says:  

“The Department shall consult with the Puyallup Tribe and take other actions it deems appropriate under the terms and conditions of that Gaming Compact and the Land Settlement Agreement, to encourage or cause the Puyallup Tribe to adopt policies protecting casino patrons from the harmful effects of secondhand smoke in Native American owned or operated casino indoor places.” (Underline added.)  

Section 3, “Regulation of Smoking in Public Places,” includes on Page 15, item 10 which defines what casinos the smoking ban in Pierce County will apply to. Item 10. says: 

“Casinos, when the establishment is under the jurisdiction of Pierce County , Washington , Tacoma or other Pierce County municipality.”   

Section 3 and Section 11 are extremely important for at least three reasons:  

First: They establish that a March 15, 2004 statement published by the Tacoma News Tribune and attributed to Tacoma City Council member and Tacoma-Pierce County Board of Health Chairman Kevin Phelps – the county official who presided over adopting smoking ban Resolution 2003-3527 – was known to be patently false at the time it was made to the public about the smoking ban in Pierce County and Initiative 890. The statement to which I refer was published in The Tacoma News Tribune’s March 15, 2004 article “Smoking Battle Might Go To Voters,”  by Ken Vogel:  

"Board of health chairman Kevin Phelps said that, unlike the coalition's initiative, Pierce County 's ban and Breathe Easy's initiative protect all hospitality workers from secondhand smoke. 'Patrons have a choice of where they go. Workers don't,' said Phelps, a Tacoma city councilman who is serving as point person for Breathe Easy. . . . Phelps accused the [Entertainment Industry] coalition of trying to scuttle a comprehensive smoking ban by tricking voters into supporting its weaker initiative. 'Their initiative is a ruse, because they're not protecting their employees,' said Phelps. 'And I think this will be borne out when the two campaigns get going.'" (Underline, italic, bracket added.)“

I do not believe it is possible that Mr. Phelps was unaware the March 15, 2004 statement attributed to him by The Tribune was false when a mere three months previously he had personally presided over a Tacoma-Pierce County Board of Health meeting as Chairman where a resolution that contained Section 3 and Section 11 as quoted above was passed. Readers can and should draw their own conclusions about that information. I believe that they establish beyond a reasonable doubt that Mr. Phleps had to be aware his statements that the Pierce County smoking ban and I-890 “protect all workers” as published in the Tacoma News Tribune were patently false. I have requested in writing that Mr. Phelps correct or clarify his statements. Mr. Phelps has communicated with me on three occasions by E-Mail and on each occasion has not addressed directly or indirectly any correction or clarification of the above statements. To the contrary Mr. Phelps has referred to E-Mails that set forth the foregoing facts as “fiction” and demeaned the person who requested correction or clarification.  

Second: The reference to the Land Settlement Agreement in Section 11 presents important information when considering who is behind I-890. The biography for Pierce County Executive John Ladenburg  says in part:

“In turn, John has been a trial attorney, a Tacoma City Councilman, the Pierce County Prosecutor, and now, Pierce County Executive. As a practicing lawyer, John was involved in several high-profile cases ranging from the federal Salmonscam to the Pierce County Racketeering Trials. As a Councilman, John was a leader in protecting the environment and in establishing clean drinking water standards. He also served as a lead negotiator in the Puyallup Indian Tribe land settlement. As Prosecuting Attorney, John was recognized nationally for programs against drug dealers and gang members. He also helped create Safe Streets of Pierce County and the "Three Strikes And You're Out" law. As Executive, John has begun a new era of cooperation in Pierce County . Working hand-in-hand with towns, cities, businesses and organizations, John is addressing the biggest issues facing Pierce County today. Transportation, public safety, salmon restoration, education, the environment and economic development are just a few examples.” (Underline added.)

In an April 15, 2004 article published by the Seattle Post Intelligencer, “Drive Opens To Ban Smoking In Bars Statewide,”   by Chris McGann, Pierce County Executive Ladenburg was quoted. Referring to a workers choice to not work in a hospitality establishment that allows smoking, The PI said:

“Pierce County Executive John Ladenburg called the argument that bartenders and waitresses always have the choice to work in some other field ridiculous. In Pierce County , the board of health voted in January to ban smoking in bars, bowling alleys, restaurants and non-tribal casinos. The move was quickly stopped by a judge, but then put back in place Feb. 25 by a Court of Appeals commissioner. Several casino, bar and restaurant owners have reported plummeting profits and forced layoffs since the ban went into effect, but Ladenburg said many others noticed an improvement in business. More than 300 establishments remained non-smoking even during the period when the judge lifted the ban, he said.”

I conclude from the above quote that Pierce County Executive John Ladenburg actively supports the private initiative to the people 890 and that he uses his public office to do so. Of equal or greater importance is the obvious contradiction that Mr. Ladenburg fails to disclose: since tribal facilities are exempt from the smoking ban in Pierce County it is not possible to have all hospitality facilities “Smoke Free” in any case. It appears that Mr. Ladenburg would mandate no choice as to smoking for workers at nontribal establishments but disregard the same “healthy” choice on tribal lands. As to Mr. Ladenburg’s statement regarding some casino’s, bars, and restaurants noticing an improvement in business the answer is: “Well, duh, Mr. Ladenburg!” An issue central to both the smoking ban in Pierce County and I-890 is that they confer a monopoly to accommodate patrons who smoke to tribal establishments by taking away the right to accommodate such patrons from nontribal interests. The fact that there are 300 or so facilities that remained non-smoking earlier this year does not provide an answer to that: there are a sufficient number of restaurants to accommodate both smoking and nonsmoking patrons and casinos, bars and taverns are a completely different hospitality environment. That reality exposes the truth that the smoking ban in Pierce County is not and cannot be about “protecting all workers” from the alleged dangers of secondhand smoke because no such protection of workers is possible under either the smoking ban in Pierce County or I-890.

Mr. Ladenburg’s wife Connie, a Tacoma city Council member, is also an officer of Breathe Easy Washington, which is behind I-890. Absent protection of all workers from secondhand smoke – which is not possible under any Washington smoking ban -- what is the real driving force behind such close-knit support for the smoking ban in in Pierce County and I-890? Are there land deals or other business ventures dependent on a smoking ban for a competitive edge in the offing? Since neither the smoking ban in Pierce County   require the Pierce County Executive tout his support for I-890 in the press?

Readers can and should draw their own conclusions about that information. I believe that questions regarding a possible quid pro quo with the tribe that owns major casino interests in Pierce County, and that is presently benefiting from the smoking ban in Pierce County, do present themselves, however.

Third: Sections 3 and 11 also relate to a $205,419 March 29, 2004 Robert Wood Johnson Foundation Northwest Native American tribe grant titled SmokeLess States: National Tobacco Policy Initiative - Special Opportunities grant – Washington.”  the American Cancer Society, Great Northwest Division,  is the recipient of that grant, and Mr. Kevin Knox – Project Manager for Washington Breathe – is the grant Project Manager.  The Grant Summary says in part:  

“The mission of the collaborative is to serve as a resource to promote healthy Native communities and to address the impact of tobacco addiction, disease, and death through policy advocacy. This grant will also support grassroots activities to build support for tobacco control work in AI/AN communities and promote policy changes in these communities.” (Underline added.)  

In an April 7, 2004 E-Mail to me Mr. Knox described that grant as follows:  

-----Original Message-----
From: Kevin.Knox@cancer.org [mailto:Kevin.Knox@cancer.org]
Sent: Wednesday, April 07, 2004 4:05 PM
To: Norm Kjono
Subject: RE: INQUIRY: $205,419 RWJF 3/29/04 Grant  

Mr Kjono,  

The nature of this grant is somewhat complex. Washington BREATHE is a partner with a group of American Indian/Alaska Native advocates working in several states (including; Washington, Oregon, Alaska, Montana, Idaho, South Dakota, Oklahoma, Arizona and Nevada) to develop a network to share knowledge in native communities about tobacco issues. Washington BREATHE is the administrator of the grant in that I, as Project Director, coordinate the dissemination of funds and maintain reporting requirements to the funding source. The American Cancer Society, Great West Division will fiscally manage funds and make payments as needed. 

I hope this helps.  

Kevin Knox  

It is interesting to note that the dates of that grant are from March 29, 2004 to November 30, 2004. Those dates span the period from two days before the initial language for I-890 was filed by the Washington Attorney General’s office with the Washington Secretary of State to the end of the month (November 2004) in which voters will cast their ballot on I-890 (presuming I-890 is placed on the next general election ballot.) Readers can and should draw their own conclusions from the fact of that Robert Wood Johnson Foundation grant and the timing of its payments. A question about a possible quid pro quo between tribal authorities and tobacco control advocates and/or Pierce County officials naturally presents itself from that information, however.  

I conclude this section with three personal views of what I-890 is:  

View No. 1: I-890 is a special-interest policy advocacy agenda that does not and cannot accomplish its much-touted purpose to “protect all hospitality workers form secondhand smoke” while granting a monopoly to accommodate the hospitality market segment of person who smoke to tribal interests, at the direct and intended expense of or detriment to nontribal hospitality business owners and their employees.  

View No. 2: I-890 is a special-interest agenda that is modeled after the Tacoma-Pierce County Board of Health’s December 3, 2003 smoking ban Resolution 2003-3527, which is based on “cherry picked” data, suppressed survey information that show two-thirds of public respondents do not support such or similar smoking bans, and affirmative misrepresentations about the true hazards of Environmental Tobacco Smoke.  

View No. 3: I-890 is a special-interest agenda based on a Model Ordinance being pushed by an out-of-state $7 billion private pharmaceutical foundation that seeks to impose its will on the people of the State of Washington regardless of its hugely adverse impact on economic, regulatory, tax base, small business owner, or worker legitimate interests.  

Who Is Behind I-890?  

We begin review of who is behind I-890 with what documents filed by Breathe Easy Washington with the Washington Public Disclosure Commission say. The first document is a March 2, 2004 “Political Committee Registration” (see PAGE 5. of the attached .PDF.) That document (underlined titles and names below are in the source document, descriptions of the persons are added by me) discloses:  

Name or description of ballot measure: “Ballot measure to limit tobacco smoking in public places.”  

Officers:  

Kevin Phelps (sponsor), Tacoma City Council Member and Chairman of the Tacoma-Pierce County Board of Health who presided over passing Resolution 2003-3527, the smoking ban in Pierce County .

Connie Ladenburg, Tacoma City Council member and apparently the wife of Pierce County Executive John Ladenburg.

Dr. Patrick Hogan.  

Treasurer: Sue Asher, Executive Director, Pierce County Medical Society.

Campaign Manager: David Vance, Administrator, Tacoma-Pierce County Health Department.  

An April 8, 2004 “Political Committee Registration” (See PAGE 6. of attached .PDF) shows campaign manager as “staff” and officers as “see attached.” That document also changes the “Name or description of ballot measure” to read as: “To amend the Clean Indoor Act to limit smoking in the workplace to protect workers from secondhand smoke.”  

It appears that “to protect workers from secondhand smoke” was an afterthought. The original purpose for I-890 was stated “to limit smoking in public places,” as Dr. Sumner’s strategy to replace cigarettes with nicotine inhalers says.  

According to a Schedule L document “Loans” filed with the Public Disclosure Commission (see Page 7. of attached .PDF), both Mr. Vance and Ms. Asher have loaned $5,000 to Breathe Easy Washington. On that Schedule L David Vance is identified as an employee of the Tacoma-Pierce County Health Department. Considering that city, state and county employees are prohibited from making public statements that endorse or support any initiative to the people it is alarming that an employee of the Tacoma-Pierce County Health Department has been identified as both the campaign manager for, and a lender to, Breathe Easy Washington. Mr. Vance’s participation as Campaign Manager for I-890 may be hidden in later attached lists, however his direct support for I-890 through a $5,000 loan to Breathe Easy Washington is not. There can hardly be a greater public statement of support for an initiative to the people by a county employee that Mr. Vance’s interest-free loan to Breathe Easy Washington in the amount of $5,000.  

It is also important that in the March 15, 2004 Tacoma News Tribune article that quotes Mr. Phelps identifies him as both the Tacoma-Pierce County Board of Health Chairman and a Tacoma City Council member. Such press statements put the imprimatur of support from both the Tacoma City Council and the Tacoma-Pierce County Board of Health behind a private initiative to the people. In addition Mr. Phelps, has used the City of Tacoma ’s E-Mail system (Phelps, Kevin [KPHELPS@ci.tacoma.wa.us]) to communicate with about 100 people that I am personally aware of regarding I-890, to respond to opponents of that initiative. Government resources and offices cannot be used to support a private initiative, yet I-890 sponsors and proponents apparently feel perfectly free to ignore that requirement.  

The first answer to the question “Who is behind I-890?” appears to be Tacoma-Pierce County Health Department employees (such as Mr. Vance, as well as Mr. Britt who assisted with passing the Pierce County smoking ban), the Chairman of the Tacoma-Pierce County Board of Health (Mr. Phelps), two Tacoma city Council members (Ladenburg and Phelps), probably the Pierce County Executive John, possibly powerful Washington tribal interests, a $7 billion private foundation in Princeton, New Jersey, and a host of that foundation’s grant recipients or beneficiaries. The preceding illustrate a strong series of interlinking directories and relationships that begins in Princeton , New Jersey and extends directly into the political and public health power centers in Pierce County , Washington . That interlinking directory of persons apparently has no reservations whatsoever about using government resources to promote and support a private foundation’s mandate agenda in our state.  

Considering the political and economic force behind the Tacoma-Pierce County Board of Health’s Resolution 2003-3527, and now behind I-890, it should be no surprise at all that the Tacoma City Council passed a “Vote Of Support” for the smoking ban in Pierce County, as reported to me in an E-Mail from Tacoma City Council member Julie Anderson:  

From: Anderson, Julie [mailto:Julie.Anderson@ci.tacoma.wa.us]
Sent: Thursday, March 18, 2004 11:37 AM
To: 'Norm Kjono'
Subject: RE: REQUEST FOR COMMENT: "The Gang That Can't Get Its Facts Straight"
 

Mr. Kjono - 

Begin Excerpt  

Mr. Phelps didn't caucus with the Tacoma City Council prior to making the alleged statements about the smoking ban, Breathe Easy Initiative, etc.  And, if he did have such a discussion with us, it would have occurred in an open, public meeting.  Therefore, anything that Mr. Phelps says on the matter is a reflection of his personal, independent convictions and values.  I have the highest regard for Mr. Phelps and I find it difficult to believe that he would knowingly present false facts.  

The only standing that the Tacoma City Council has in this matter is the unanimous "vote of support" taken in 2003, in response to the Health Department's initial smoking ban. 

End Excerpt  

Julie Anderson

Tacoma City Council, At-Large Position 7

747 Market Street , Room 1200

Tacoma WA 98402-3766

[Telephone and E-Mail addresses deleted]  

Consider what we now know about the “cherry-picked” basis for passing the smoking ban in Pierce County , as well as the veracity of Mr. Phelps’ public statements about that ban and I-890 “protecting all workers,” I wonder if any member of the Tacoma City Council would care to change their “Vote Of Support.” More important than any individual council members vote, perhaps the public would like to express their views to the council about its December 2003 “Vote Of Support” for the smoking ban in Pierce County.  

The next answer to who is behind the smoking ban in Pierce County and I-890 extends to Washington Breathe members American Cancer Society, the American Lung Association, and the American Heart Association. Those entities can be identified on Washington Breathe’s Website,   which includes a television advertisement featuring former U.S. Surgeon General Dr. C. Everett Koop. That advertisement, which advocates a statewide smoking ban to protect all workers, was broadcast repeatedly during the 2004 legislative session. The Washington Legislature did not pass a statewide smoking ban. The Washington Breathe Web site page includes the following statement:  

“The Washington BREATHE Alliance believes any compromises that do not protect ALL WORKERS in Washington from the dangers of secondhand smoke are unacceptable.” (Underline added.)  

That is an interesting statement from an organization for which Kevin Knox is an officer, and by which a $205,419 Robert Wood Johnson foundation “Special Opportunities” tribal grant is administered. Somehow it still seems to escape Washington Breathe that no statewide smoking ban, including its affiliate Breathe Easy Washington’s I-890, can or will “protect all workers” from secondhand smoke due to tribal exemptions. In light of its own statement Washington Breathe defines the statewide smoking ban that it aggressively promoted through advertisements featuring Dr. Koop as UNACCEPTABLE! Yet presumably we citizens of Washington are to dutifully line up to sigh petitions and vote for an initiative to the people that is self-described to be unacceptable.  

Related to Washington Breathe’s member the American Lung Association of Washington is the last statewide initiative (I-773) that it sponsored, under the same circumstances were the Washington Legislators did not give tobacco control advocates what they demanded in 2001. We will let the past president of the Tobacco Free Washington Coalition and the Co-Chair of Attorney General Christine O. Gregoire’s tobacco control task force, Dr. Robert Jaffe, speak to that issue through his own June 13, 2001 interview as published by the Robert Wood Johnson  Foundation’s Tobacco.org. Referring to the American Lung Association of Washington’s I-773 (the same organization now behind I-890), which imposed a 60 cents-per-pack new tax on cigarettes in 2001, Dr. Jaffe said in response to Question 3. of his interview:  

“After fighting for tobacco settlement funds and not being satisfied by the amount of money dedicated long-term for reducing tobacco addiction rates, we decided to start another tax initiative t (sic) dedicate tobacco taxes toward the state’s program. . . . Sometimes, the only solution is to by-pass the legislators, and allow voters to directly fund public programs that our elected officials ignore. I would prefer to see a non-profit, non-governmental organization make budgetary and programmatic decisions on tobacco control, but it hasn’t been politically feasible. The Secretary of our Department of Health and our Attorney General are strong supporters of tobacco control, and our state program is moving in the right direction. ” (Underline, italic added.)”  

The facts say that one reason for such extreme measures could be allow the Robert Wood Johnson Foundation and other non-government organizations to make budget and program decisions for the people of the State of Washington , through special-interest agendas that include smoking bans. It’s about social-engineering bucks and clout. But why should nontribal hospitality business owners and their employees lose their livelihoods over the Robert Wood Johnson Foundation’s smoking ban agenda and power grab in Washington?  

Attorney General Christine O. Gregoire has placed herself conspicuously behind the Tacoma-Pierce County Board of Health’s December 2003 smoking ban, and therefore behind its statewide knock-off I-890. Regarding Attorney General Gregoire’s personal and unsolicited support for the Tacoma-Pierce County Board of Health’s smoking ban on December 29, 2003 Tacoma News Tribune published Mr. Vogel’s article State Might OK Smoking Ban:

"Though Pierce County 's smoking ban could face a legal challenge, Attorney General Christine Gregoire might have eliminated a hurdle that stymied a similar effort in King County . In 1998, the Seattle-King County Health Department aborted an effort to ban smoking after a lawyer in Gregoire's office issued an opinion asserting that state law blocks local smoking bans. Now Gregoire is distancing herself from that 1998 opinion. Earlier this month, she sent a letter to Tacoma-Pierce County Board of Health members encouraging them to move ahead with an indoor smoking ban. ‘This was an informal opinion. It is not binding,’ Gregoire wrote of the 1998 document. While she's not offering to assist the Tacoma-Pierce County effort, she said her office will not assist anyone who challenges the ban, either. ‘I support your efforts to enhance the health of citizens in your community,’ Gregoire wrote. The letter was dated Dec. 1, two days before the board voted to ban smoking in bars, restaurants and other public places in Pierce County , effective Jan. 2. Local health officials, who had been preparing to move forward regardless, welcomed the clarification from Gregoire." (Underline added.)

Moreover, Attorney General Gregoire’s tobacco control task force (at the time Co-Chaired by Dr. Jaffe) recommended in its November 1998 report that state tobacco policy in Washington be coordinated with the Robert Wood Johnson Foundation. It is serendipity how Attorney General Gregoire placed in December 2003 the considerable political clout of her office behind a county smoking ban that is directly based on a Model Ordinance promoted by the same private foundation that her 1998 task force recommended state policy be coordinated with. It is frightening to me that such public statements of support by our attorney general say her office will not assist anyone who challenges such mandates, particularly so when her 1998 tobacco control task for Co-Chair believes that the private foundation source of that mandate should make budget and programs decisions for states. Putting together Ms. Gregoire’s public statements with her 1998 tobacco control task force’s recommendation and its Co-Chair’s stated belief that private entities should make state budget and program decisions we arrive at a rather stunning conclusion: the Gospel According to Washington’s Attorney General is that out-of-state special-interests will mandate budget, policy and law for the people of the State of Washington and that her public office will publicly choose to do absolutely nothing to oppose that. What realistic chance does a nontribal hospitality business owner or their employees have of opposing mandates that cost them their livelihood when our state’s chief law enforcement official publicly states she will not assist them? How can that possibly be construed as “equal protection under the law,” to which the Tacoma Pierce County Board of Health concluded Washington workers are entitled under our state Constitution in item 1.16 on Page 3 in its Resolution 2003-3527? (See PAGE 8 of attached.)

Maxine Hayes, Washington State Department of Health supported the Tacoma-Pierce County Board of Health’s Resolution 2003-3527. In the Minutes of the December 2, 2003 Board of Health meeting the following statement by Ms. Hayes is recorded:

“Support.  Dr. Maxine Hayes, State Health Officer with the Washington State Department of Health (WSDOH), said WSDOH considers these exposures as well as tobacco as one of its top priorities in protecting public health.  The scientific community has produced overwhelming evidence proving that second hand smoke does pose serious health risks making smoking a public health issue for everyone.  While the tobacco industry has long worked to confuse this very clear science, tobacco smoke contains more than 4,000 chemicals, 50 of which are known to cause Cancer in humans.  The Surgeon General Expert Committee on Passive Smoking concluded that second hand smoke causes Lung Cancer in healthy, non-smoking adults.  The Environmental Protection Agency estimates that the exposure to second hand smoke causes 3,000 non-smokers to die from Lung Cancer yearly.  The exposure to second hand smoke is the third leading cause of preventable death in the U.S. today, and an estimated 53,000 non-smokers die yearly from illnesses related to second hand smoke.  In Washington State , more than 8,000 people die yearly due to tobacco-related illnesses.  Breathing deadly air at work should not be a condition of employment for service workers.  As a Pediatrician and Mother, second hand smoke is doing a lot toward damaging the respiratory health of our children.  Dr. Hayes said she hopes the BOH Members will consider all the health consequences of a very preventable tragedy.                 

Dr. Maxine Hayes was the Project Manager for a $1.3 million Robert Wood Johnson Foundation grant to the State of Washington, Department of Health titled “Improving Child Health Services: Removing Categorical Barriers to Care.”  the Minutes of the December 3, 2003 meeting do not disclose Dr. Hayes’ personal previous personal management of a $1 million Robert Wood Johnson Foundation grant. How can Dr. Hayes’ testimony possibly be construed as objective or unbiased?

Some of the most interesting information about who is behind I-890 is found through researching who owns and operates the Breathe Easy Washington Web site URL. Information provided by a search through “Who Is” (below excerpt redacts some data) includes the following information:

Domain Name:BREATHEEASYWA.ORG
Created On:20-Feb-2004 17:38:27 UTC
Last Updated On:21-Apr-2004 03:53:38 UTC
Expiration Date:20-Feb-2006 17:38:27 UTC
Status:CLIENT TRANSFER PROHIBITED
Registrant Name:Grassroots Enterprise, Inc.
Registrant Organization:Grassroots Enterprise, Inc.
Registrant Street1: 410 Jessie Street , 4th Floor
Registrant City : San Francisco
Registrant State/Province:CA
Registrant Email:domainroleacct@GRASSROOTS.COM
Admin Organization:Grassroots Enterprise, Inc.
Admin Email:domainroleaccount@grassroots.com
Tech Organization:Grassroots Enterprise, Inc.

A March 27, 2002 Press release from Grassroots Enterprise, Campaign For Tobacco-Free Kids Signs New Contract For Advocacy Communications,”  says:  

The flagship product, Grassroots Multiplier®, enables an organization to effectively grow, manage, and mobilize its database of key stakeholders. Through sophisticated technology, the system targets stakeholders with highly personalized multimedia communications that forge powerful one-to-one relationships. When needed, the system quickly facilitates supporters to take direct action on the organization's behalf through email, fax, web, letter and phone.

 

Grassroots Enterprise provides services and technology that enable organizations to effectively manage their public affairs initiatives. A non-partisan venture backed company; Grassroots Enterprise unites some of the best strategic thinkers in Washington , D.C. with some of the most experienced technology developers in Silicon Valley . CEO Mike McCurry is a former White House Press Secretary.”  

The Campaign for Tobacco Free Kids has received grants from the Robert Wood Johnson Foundation in excess of $70 million, including its original founding grant of $19.5 million in 1996 (see, for example, a $50 million grant for National Center For Tobacco-Free Kids”   

A July 28, 2003 press release, “Grassroots Enterprise, Meetup.com And Grassroots Enterprise form Alliance,”  says:

 

Grassroots Enterprise, Inc. helps its corporate and association clients identify, inform and mobilize their most powerful resources-their members, supporters, customers, business partners, employees and other stakeholders-to influence legislative and regulatory debates, shape public opinion and elevate their commitment levels.

 

Under its “Our Offering”  icon Grassroots enterprise says about its Grassroots Multiplier ® computer program:

 

The more you use Grassroots Multiplier®, the more you'll learn about your stakeholders, your outreach efforts and how to increase your impact on public policy. Designed to be flexible enough to conduct any size public affairs campaign, Grassroots Multiplier® will grow along with your organization and its successes.  

A search through www.disinfopedia.org reveals George H. W. Bush to be an advisor . to Grassroots Enterprise, Inc. Readers may find biography information about that advisor http://www.disinfopedia.org/wiki.phtml?title=George_Herbert_Walker_Bush to be of interest, particularly an October 17, 2003 article under “External Links” in that biography about his father Prescott Sheldon Bush. The $135 million anti-tobacco Project ASSIST was launched by the George H. W. Bush administration October 4, 1991. For a graphic presentation of the results of Project ASSIST see SMOKERATE.PDF.  

Summing Up I-890  

Considering the above information about Grassroots Enterprise, Inc. I conclude that I-890 is an initiative to the people that has available to it some of the most sophisticated technology and influential people in that nation to achieve its purpose. That the technology and advisors provided for I-890 are dedicated to the purpose of influencing legislative and regulatory debates and shaping public opinion is a naked admission by Breathe Easy Washington that they know Pierce County survey results showing a two-thirds of the people surveyed oppose smoking bans such as those I-890 would mandate statewide. To what purpose other than “shaping public opinion” to conform to I-890 mandates would such resources be applied?  

That should be of great concern to citizens in the State of Washington . Are small business owners and their employees legitimate interests and livelihoods subordinate to what professional public policy spin resources an out-of-state private foundation can place behind supporters of its agenda?  

And a final question presents itself: do we, the people of the State of Washington accept public health mandates that cannot and do accomplish the results promoted, and are we content to watch our neighbors businesses and jobs disappear, to accommodate a close knit group of politicians in Tacoma and Olympia imposing the will of out-of-state special-interests?  

We the people need to find both a better way and better political leadership.  

Norman E. Kjono