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Saturday, February 12, 2005
council listens to evidence


 St. Thomas council ok's smoking in bingo halls -ON

By Ian McCallum Times-Journal Staff Tuesday February 08, 2005
Insisting he was not guilty of a “flip flop,” Mayor Jeff Kohler cast the decisive vote Monday as St. Thomas council approved a motion granting charitable bingo halls an exemption from the city’s bylaw to regulate smoking in public places and work places.
The about-face on the bylaw, due to take effect March 1, followed a 15-minute deputation by Jordan Gnat, president of Boardwalk Gaming and Entertainment Inc., on behalf of St. Thomas Bingo Country.
Kohler was joined by Ald. Bill Aarts, Ald. Cliff Barwick and Ald. Heather Jackson-Chapman in approving the exemption to the bylaw while Ald. Marie Turvey and Ald. David Warden were opposed.
Ald. Terry Shackelton and Ald. Tom Johnston were absent from Monday’s meeting.
Seconds after the recorded vote, staff and volunteers of Bingo Country who packed the public gallery, loudly applauded the outcome.
Gnat petitioned council to grant an exemption to the bingo hall until provincial legislation comes into effect May 31, 2006, or the Municipality of Central Elgin passes a smoking bylaw prior to the provincial enactment.
With the reopening of a bingo facility
in Central Elgin last fall, Gnat argued Bingo Country could potentially lose $2.5 million in revenue over the next 16 months if it was not granted an exemption from the smoking bylaw.
He noted Bingo Country accounts for 44 jobs with an annual payroll approaching $500,000 and each year the facility pays the city more than $240,000 in license fees.
“This is all about 16 months of maintaining parity with Central Elgin,” explained Gnat.
Six months ago a move to grant charitable bingo halls an exemption from the bylaw was defeated on a 4-4 vote with Kohler, Warden, Turvey and Johnston voicing opposition.
But Kohler stressed “I don’t view this as a flip flop” moments before he voted in favour of Barwick’s motion to exempt charitable bingo halls from the bylaw.
“I’m not willing to play a crap game with employment,” stressed Kohler. “I’m not willing to risk rolling the dice and 44 jobs are lost.”
While not willing to grant an exemption last August, Kohler explained the introduction of new information from Gnat had to be taken into consideration.
“This is new information and pointing fingers is not going to solve things tonight.”
“Jobs may be in jeopardy because of unfair competition,” added Barwick.
The exemption prompted Warden to issue a warning to members that other charitable groups “will be knocking at our door” in the weeks to come.
“If you do it for one group then you have to do it for them all. You can’t have one set of rules for one set of people.”

http://www.stthomastimesjournal.com/story.php?id=141995


Bingo halls outside smoking bylaw -ON

Health implications not considered

By Ian McCallum Times-Journal Staff Wednesday February 09, 2005
A decision by St. Thomas council Monday to grant charitable bingo halls an exemption from the city’s smoking bylaw will result in “a lack of health coverage for some individuals” over the next 16 months, warns the chairman of Smoke-Free St. Thomas-Elgin.
The about-face by council that grants an exemption to St. Thomas Bingo Country until provincial legislation comes into effect May 31, 2006, or the Municipality of Central Elgin passes a smoking bylaw, fails to take into consideration any health implications, argues Laura Wall.
Six months ago a move to grant charitable bingo halls an exemption from the bylaw was defeated on a 4-4 vote with Mayor Jeff Kohler, Ald. David Warden, Ald. Marie Turvey and Ald. Tom Johnston voicing opposition.
Wall told the Times-Journal Tuesday
she was aware council would entertain a deputation from Jordan Gnat, president of Boardwalk Gaming and Entertainment Inc., but the introduction of a resolution granting the exemption was not anticipated.
“We’re so close, we’re three weeks away from the bylaw. Certainly we can read the minutes and know a deputation is coming forward. But we didn’t know there was going to be a resolution right then and there. It’s a non-reflective decision of what the implications will be.”
Warden, who along with Turvey, opposed the motion tabled by Ald. Cliff Barwick warned members other charitable groups “will be knocking at our door” in the weeks to come.
“I certainly hope we’re not opening up the floodgates,” suggested Wall.
“But now that an exemption has been granted there may be some other types of businesses within St. Thomas that say ‘we’re unique, we’re special so let’s put our case through.’ That’s why all along we really urged council to hold the line and not grant exemptions.”
Wall says granting exemptions to area bingo halls is “not common.”
“In Middlesex the one county bingo was exempted from the bylaw for a period of one year. No exemptions were made in London and Woodstock.”
ECONOMICS
In voting for the exemption, Barwick along with Kohler, Ald. Bill Aarts and Ald. Heather Jackson-Chapman stressed the negative economic impact on the city should Bingo Country close due to competition from a recently opened hall in Central Elgin, a municipality which is waiting until provincial legislation is introduced in 16 months.
“But this is a health issue,” counters Wall, “and now we’re going to have these workers who were going to be protected as well as the volunteers that participate to raise funds for their charity that will not have this protection for that period of time. And time makes a difference.”
Wall commends council for drafting the smoking bylaw one year ago but adds, “now they’ve opened up the door.”
“Certainly there were people who were thinking next month they could go to the bingo and help raise funds for local charities without having to come home and put all of their clothes into the wash and perhaps undermine their health.”
Ald. Terry Shackelton and Johnston were absent for the exemption vote. They are expected back Monday when council will vote to amend the smoking bylaw for its March 1 implementation.

http://www.stthomastimesjournal.com/story.php?id=142428


Throne Speech sees healthier, wealthier B.C.

Province also will lead the country in education, jobs, government predicts

By ROBERT MATAS Wednesday, February 9, 2005 - Page A7

VICTORIA -- Gordon Campbell's Liberal government unveiled ambitious plans yesterday to have British Columbians eat their spinach.

The government announced in its Speech from the Throne that it wants to turn the province into the healthiest jurisdiction ever to host the Olympics by getting everyone to eat more fruit and vegetables.

British Columbians have the longest life expectancy in Canada and lead the country in cancer treatment and survival rates.

But the government believes it can do better with an initiative called Act Now that promises to be the most comprehensive health-promotion program in North America.

"Without a doubt, we can achieve the great goal of leading North America in healthy living and physical fitness," the government stated in the Throne Speech, read by Lieutenant-Governor Iona Campagnolo.

The government set specific targets: a 20-per-cent increase in the number of British Columbians who are physically active; a 20-per-cent reduction in the proportion of those who are obese or overweight; a 10-per-cent drop in tobacco use and a 20-per-cent increase in those who eat the recommended daily level of fruit and vegetables.

"Through that initiative, all citizens will work with their family doctors, nurse practitioners, community nutritionists and other members of the health-care team to develop personally tailored health plans," the government said. "Those plans will aim at setting achievable personal healthy goals that help individuals measure their progress throughout their lives," Ms. Campagnolo read. "Through these measures, by 2010, B.C. will become the healthiest jurisdiction to ever host the Olympics."

New Democratic Party Leader Carole James questioned how a political party committed to reducing government interference in people's lives would regulate how much produce everyone is eating.

Mr. Campbell told reporters later the initiative was based on a British program. He said he hopes to set an example. "In spite of the smiles and chuckles, this is a critical part of creating a healthy lifestyle for British Columbians," he said.

The fitness initiative was part of one of the most politically infused throne speeches ever delivered in the B.C. Legislature.

With the next provincial election less than 100 days away, the speech sounded more like campaign rhetoric than a map of government policy. Many of the measures will depend on the Liberals' re-election on May 17.

"Everything about this session will be about the election," NDP member Joy MacPhail, who is retiring after three terms, said outside the legislative chambers. "Everything is about getting votes."

Mike Morton, press secretary to the Premier, said the politicians are in pre-election mode. But, he added, the speech is not just promises: Government initiatives have helped turn around the economy, leading to a surplus that lets the government support a variety of programs.

The Liberals, who won 77 of 79 seats four years ago, could face serious challenges in as many as 30 ridings, political scientist Norman Ruff says.

Although more than 15 incumbents -- including prominent cabinet ministers Christy Clark and Gary Collins -- do not intend to run again, the Liberals anticipate a boost from new, high-profile candidates. Party officials are rumoured to be in intense discussions with a Canadian Olympic hero, wrestler Daniel Igali.

In the Throne Speech, the government also promised to launch an "Asia-Pacific gateway strategy" to better market B.C. products.

And it plans a new Asia-Pacific trade council and a network of centres in key international markets to promote products. The program also calls for opening up the Port of Prince Rupert and expanding the Port of Vancouver.

The speech said the future that British Columbians have worked so hard to create is within their grasp: the province leads the country in job-creation; unemployment is the lowest since 1981; and the number of strikes and lockouts is the smallest in more than 30 years. As well, the record surplus means operating debt can be paid down.

The stronger economy is generating new revenues to support social services, the government said.

In addition to the personal-health initiatives, the government promised to make British Columbia the most literate jurisdiction on the continent and to build the best system of support in Canada for persons with disabilities, special needs and children at risk. The government also made a commitment to the best air and water quality and best fisheries management, "bar none." It also promised to create more jobs per capita than anywhere else in Canada.

"Government is again living within its means with balanced budgets and . . . a record surplus," Ms. Campagnolo read. Tax relief is expected in the provincial budget next week.

"Today, we are entering a golden decade for British Columbia," the speech said.

The government promised to hold university fees at the rate of inflation. It also pledged $1.5-billion for upgrades of schools over 15 years, and $150-million for libraries, textbooks, and art and music programs. If the Liberals are re-elected, they promise to give the Michael Smith Foundation $100-million in 2007 for its work in genome-mapping and cancer research. The B.C. Centre for Disease Control would be expanded to become a Pacific Centre.

http://www.theglobeandmail.com/servlet/ArticleNews/TPStory/LAC/20050209/BCTHRONE09/TPNational/?query=tobacco


Search for missing Canadian sailor called off

From Thursday's Globe and Mail

Halifax — Under the pitch-black skies of a new moon, Robert Leblanc stepped into a breezeway aboard HMCS Montreal to smoke a cigarette as the frigate steamed across the wintry Baltic Sea.

It was about 11:30 p.m. local time on Tuesday. The 24-year-old leading seaman from Halifax had just got out of bed and was soon to start his shift in the kitchen, but first ducked into the enclosed room off the deck.

"He should have come back into the ship, but that was the last time he was seen," Captain Dave Gardham, Maritime Forces Atlantic acting fleet commander, said yesterday.

For reasons that may never be known, the sailor went outside and ended up overboard in fatally frigid waters. He is presumed drowned. His body has not been recovered.

Yesterday afternoon, the navy, working with its Polish counterpart, called off the search-and-rescue operation after about 20 hours.

Eight ships and five helicopters searched about 50 kilometres off the coast of Gdynia, Poland, yesterday, where HMCS Montreal was on a six-month NATO training exercise.

Capt. Gardham said LS Leblanc has not yet been declared officially dead; ships in the area have been notified to be on the lookout for him in the 1-degree waters.

"Picture yourself in Halifax harbour," Capt. Gardham said of the conditions and chances for survival.

"He was an experienced sailor. . . . It's a dangerous business. Our sailors are trained the best in the world. But accidents do happen. On this specific incident, I can't comment. Do we have people who fall over? Not often."

Military investigators will meet the frigate in Gdynia to interview crew and collect LS Leblanc's belongings. Suicide has not been ruled out, Capt. Gardham said.

The young sailor was unmarried and lived in Halifax. His family is believed to live in Western Canada, but has asked the navy to keep their names and where they live private.

On the night the sailor went overboard, the weather was clear. The temperature was 3. The sea was calm, but the upper decks were icy and the crew was ordered not to venture onto them.

Capt. Gardham said it was unlikely that a sailor with LS Leblanc's experience would have ignored those orders, but that if the sea is calm sailors sometimes "forget."

"He may have just stepped out for a look at the stars," Capt. Gardham said.

LS Leblanc joined the crew of HMCS Montreal in December and set sail on the NATO training exercise from Halifax on Jan. 13. He joined the navy in 2000 and previously served aboard HMCS Iroquois, from which he was transferred.

Sue Stefko, a spokeswoman for the navy, described him as "an experienced sailor."

Someone noticed he was missing shortly after 1 a.m. local time and a head count of the ship's 230 crew was ordered.

"When they still couldn't find him they then conducted the same procedure they go through if we had a bomb threat," Capt. Gardham said.

Crew members were assigned to search quickly and thoroughly every nook and cranny of the ship and mark it off with a taped X once it was checked.

"It's very specific and thorough so there's no possibility that someone could come back and think the place had not been searched," said Lieutenant-Commander Denise LaViolette, a navy spokeswoman. "It's all done very efficiently. We don't dilly-dally. Then they went directly into search-and-rescue mode."

In the 90 minutes since he had last been seen, the ship had travelled about 30 nautical miles. It reversed course and launched its Sea King helicopter. A half-dozen NATO and Polish ships, five additional helicopters and local fishing vessels also searched in vain for the sailor.

In Ottawa, during the usually raucous Question Period yesterday the House of Commons fell silent as Keith Martin, the parliamentary secretary to the Minister of National Defence, informed MPs about the tragedy.

"We extend our profound condolences to the Leblanc family and thank our allies for their efforts in trying to recover him," Dr. Martin said.

http://www.theglobeandmail.com/servlet/story/RTGAM.20050210.wxsail0210/BNStory/National/


Cigarette butt litter utterly repulsive  -ON

 London Free Press - Feb 10/05
  LETTERS TO THE EDITOR
       As I walked downtown on Monday, enjoying a most welcome reprieve from the frigid temperatures experienced in January, I was absolutely repulsed by the extraordinarily large number of cigarette butts littering our downtown streets and sidewalks.
      I understand it will be my tax dollars that will pay someone to clean up this wide-spread, disgusting mess after the thaw.
      How come there are no outdoor ashtrays available for people to use, since they can no longer stink up the interiors of our public buildings?
      The bus stops are like a nicotine-stained minefield of rotten butts and ashes, assuming you can see where you are walking through the clouds of smoke generated by those waiting for their ride.
      Our downtown is one big smelly ashtray full of wet, sickening butts thrown from thousands of careless smokers' mouths. Eeew!
      I will do my shopping in a clean mall any day.
      Sandra Mason London

http://www.canoe.ca/NewsStand/LondonFreePress/Letters/


Smoker asks others to leave him alone -ON

Windsor Star - Feb 10/05
 letter to the editor Thursday, February 10, 2005
I was just reading a letter on banning tobacco and it makes me sick to think that it takes Johnny Carson's passing to get people to start talking.
Smokers should not have to listen to this banter every day of their life. We all know that you have to be 19 to purchase cigarettes and that 19 is considered an adult in Ontario. Smokers do not go around asking non-smokers why they do not smoke, so why do the non-smokers have to say anything to us?
If you do not like the smoke, that is fine because most public places do not allow smoking. Why do you insist on trying to make our decisions for us? We do not ask you to quit anything that you enjoy.
We all know smoking causes cancer and we still choose to smoke, so leave us alone.
C. White Windsor

http://www.canada.com/windsor/windsorstar/news/letters/index.html


Ugly labels for fatty food?  -MB

Letter to the editor - Winnipeg Sun - Feb 11/05
It's estimated that "trans fat" is costing Americans $1.8 billion in medical costs.
Do you think we will have "Health Canada" requiring ugly pictures on packages containing trans fat?
Americans are still laughing on our "government" requiring ugly pictures on our cigarette packages. Maybe our government could exploit this avenue and add taxes on foods containing trans fat in order to "help pay for the burden on our medical costs."
John Heinrichs, Winkler
(Sounds like a natural.)

http://www.winnipegsun.com/NewsStand/WinnipegSun/Letters/


Tobacco Company will appeal ruling on class action certification in British Columbia

    MONTREAL, Feb. 8 /CNW Telbec/ - Imperial Tobacco Canada will appeal the British Columbia Superior Court of Justice's decision to allow certification of a class action against it in BC.
    During the course of the certification hearing, which began on October 25, 2004 and ended October 29, 2004, Imperial Tobacco Canada arguedthat the allegations in the procedures are not appropriate for certification. The judgement only allows certification - a procedural mechanism that allows the case to proceed. It is in no way a judgement of liability.
    The company also named the federal government as a third party in the suit, arguing that the federal government instigated and authorized the development of lower-tar tobacco products. The federal government actively encouraged Canadian tobacco manufacturers to develop, manufacture, sell and promote low-tar cigarettes in Canada.
    Imperial Tobacco Canada provided the Honourable Justice Satanove with details of the federal governments' involvement in the development of "light" and "mild" tobacco products, including: threatened legislation in 1967 requiring that tar and nicotine levels be printed on cigarette packaging and advertisements; pressuring the manufacturers to promote these products throughout the 1970s; and subsequently encouraging smokers to switch to lower delivery products. Up until mid-2003, Health Canada's Web site (lung cancer section) continued to state: "Switching from non-filter to filter or from   high- to low-tar cigarettes may slightly reduce lung cancer risk".
    "This is a copy-cat suit - an opportunistic attempt to cash-in onAmerican-style litigation that in no way reflects the Canadian reality," said spokesperson for the company, Christina Dona. "Imperial Tobacco Canada will put up a vigorous defense to any action of this kind. In the short term, we plan to have a close look at the judgement before formally filing our appeal."

For further information: Christina Dona, Manager, Media Relations, Imperial Tobacco Canada, (514) 932-6161, ext. 2474, Cellular: (514) 704-8717

http://www.cnw.ca/fr/releases/archive/February2005/08/c2080.html


Proposed ban could make smoking off limits in certain places -TX

ABC13 Eyewitness News By Miya Shay
(02/10/05 - HOUSTON)— The City of Houston is moving closer towards a smoking ban. The mayor has a proposal that specifically lays out where people can and can't smoke.

The proposed ban would not affect bar areas. However, it will affect all Houston restaurants with a dining room. If this proposed ban passes city council – which could take quite a while – there will no longer be smoking in any of the dining areas of Houston restaurants. And that's not all.

Lighting up a cigarette may be something Sal LaGreca enjoys, but he knows it's not popular.

"I think you have to respect other people's views on smoking," he said.

The view from City Hall is that smoking should be banned inside all Houston restaurants.

Restaurant manager Zoi Platsas explained, "We as business owners, we try to accommodate our clients."

Platsas may be worried, but her customers seemed receptive to the idea.

"I like to smoke," admitted Mike Weaver. "But I guess, you know, you have to look out for other people who don't smoke."

If the ordinance passes, dining establishments will have to move all of their ashtrays to bars, because those are the only places that won't be affected. The proposed ban doesn't exempt the light rail stations or city bus stops.

"That's a good thing," concluded one passenger.

These outdoor locations would be smoke-free – an idea some found laughable.

"Especially not outside at a bus stop! Am I the only one that thinks that's weird?" wondered Myrissa Childress.

The final major aspect of the plan would include a ban of smoking in Houston's taxi cabs. It's a noble idea says one cabbie, just not very realistic.

"I think it would be really hard to enforce," said Bill Thomas. "I think it would be a really good social policy, but I don't think the cops should waste their time policing it."

A Houston city council committee will study the proposal during the next week and in the coming weeks you can expect the full city council to take up the issue.

As of January of last year, five states -- California, Connecticut, Delaware, Maine and New York -- had smoking bans. Another 72 municipalities including Austin, Dallas, San Antonio, and El Paso also have bans in place.

The Washington State Supreme Court struck down a smoking ban that covered several public places including bars, restaurants and private clubs. The court said the health board which imposed the ban, lacked the authority to do so.

poll: should Houston implement a snoking ban?  57.8% yes 42.1% no  752 votes * this is notr a scientific survey

http://abclocal.go.com/ktrk/news/021005_local_smoking.html


Electric Light-Breast Cancer Link Studied

(02-07) 10:26 PST Hartford, CT (AP) Monday, February 7, 2005

College researchers are studying whether electric light changes hormone levels in women and makes breast cancer more prevalent in developed countries.

Richard Stevens, a cancer epidemiologist at the University of Connecticut, said there is no scientific consensus on why there is a higher rate of breast cancer in the developed world. He said literature on breast cancer includes many discredited theories on how the environment and lifestyles may contribute to the onset of the disease.

"We knew more about the cause of breast cancer 20 years ago than we do today," Stevens said. "What we do know is that it must have something to do with industrialized society."

Researchers are looking for new explanations, and Stevens and other researchers are focusing on electric light.

Their theory is that prolonged periods of exposure to artificial light disrupt the body's circadian rhythms _ the inner biological clocks honed over thousands of years of evolution to regulate behaviors such as sleep and wakefulness. They are looking into whether that disruption affects levels of hormones such as melatonin and the workings of cellular machinery, and whether it triggers breast cancer.

"Mankind has only been exposed to these light sources for 150 years or so," Stevens said.

So far, the theory is based largely on suggestive, but inconclusive, observational studies. For instance, night-shift workers such as nurses tend to be more prone to develop breast cancer than day-shift workers, and blind women are less likely to have breast cancer than women with sight.

In a recent study, Stevens and scientists at Yale University School of Medicine identified a possible genetic mechanism that could help explain how artificial light could trigger breast cancer. Pre-menopausal women with a variation of a "clock gene," which helps govern the regulation of the body's response to night and day, tend to have a higher risk of cancer.

"I'm not saying this is a cause, but that the evidence shows it is worth investigating," Stevens said.

Scientists believe that environmental and lifestyle factors, not inherited risks, are the cause of nine out of 10 breast cancer cases.

While smoking is linked to lung cancer and the human papillomavirus to cervical cancer, breast cancer researchers are not sure what lifestyle or environmental factors women should worry about.

Antiperspirants and wire bras are included in some widely circulated but largely rejected theories. And in 2003, the National Cancer Institute convened 100 breast cancer experts who concluded there is no evidence that miscarriages or abortions increase the risk of breast cancer.

Yet epidemiologists such as Stevens say other risk factors must exist and they urge that more studies be conducted.

"We absolutely need studies," said Deborah Winn, chief of the clinical and genetic epidemiology research branch of the National Cancer Institute. "If we have those answers, we might have the potential to improve prevention."

Information from: The Hartford Courant,www.ctnow.com/

http://www.sfgate.com/cgi-bin/article/article?f=/n/a/2005/02/07/national/a102631S10.DTL&type=health


Minn. Governor Seeks Candy Cigarette Ban

Minnesota Gov. Tim Pawlenty Seeks Ban on Cigarettes Infused With Candy Flavors

By BRIAN BAKST Associated Press Writer The Associated Press

ST. PAUL Feb 10, 2005 — Cigarettes infused with lime, vanilla, berry and other candy flavors would be pulled off Minnesota store shelves under a proposed ban by Gov. Tim Pawlenty, who accused the tobacco industry Thursday of marketing the specialty products to teens.

"They are clearly undertaking a marketing campaign to promote and market sweetened and candy-flavored cigarettes as a way to attract new smokers and expand market share among youth in Minnesota," Pawlenty, a Republican, said. "This is a terrible practice by these tobacco companies and it needs to be stopped."

Public health officials in two other states Massachusetts and Michigan have sent letters to cigarette makers asking them to halt sales of the flavored cigarettes. The officials questioned whether such sales violate a 1998 agreement by the tobacco industry not to target their products to young people.

Pawlenty appears to be the first governor to promote an outright ban. The products carry names like "Kuaui Kolada," "Twista Lime" and "Winter Warm Toffee."

"The premise that we market to youth, there's no truth to that," said Fred McConnell, a spokesman for R.J. Reynolds Tobacco, which makes the flavored Camel brand cigarettes singled out by Pawlenty. "We market to adult smokers only."

Although it is illegal to sell cigarettes to minors, Pawlenty said the flavored cigarettes are drawing in teen smokers anyway. Advertisements in Rolling Stone, Cosmopolitan and Glamour magazines have raised the products' profile among young people, he said.

McConnell said R.J. Reynolds only buys ads in magazines with a predominantly adult readership.

Pawlenty cited preliminary data from national youth smoking survey last year as evidence the flavored cigarettes were growing in popularity among teens. The survey of 1,600 smokers between ages 16 and 25 found that 16- and 17-year-olds were two to three times more likely to try the flavored cigarettes than those 20 and older.

A 2004 Minnesota survey found that nearly 27 percent of high school seniors admitted to smoking at least once in a month, as did about 15 percent of freshmen.

http://abcnews.go.com/Health/wireStory?id=489760


Smoking Ban Back On Ballot -OH

Bar owners and smokers in the city of Columbus are claiming victory Thursday.

Just weeks after the city-wide smoking ban went into effect a petition challenging the law has been certified. If voters approve the new measure, businesses with more than 65% of sales from alcohol, essentially bars, would be exempt from smoking regulations.

Petitioners collected more than 12,000 signatures in favor of reversing parts of the ban, which means the issue again will be decided by voters in early May.

 http://www.onnnews.com/Global/story.asp?S=2932280&nav=LQlCWFG2


The U.N.'s Neo-Prohibitionists

By Steve Milloy Friday, February 11, 2005

The United Nations is coming for your booze and it’s starting to fabricate the kind of factoids that the international health nannies will no doubt try to spin into "conventional wisdom."

"The amount of death and disability caused by alcohol globally is similar to that caused by tobacco and high blood pressure," trumpets the media release for a study in last week’s medical journal "The Lancet."

"Overall, four percent of the global burden of disease is attributable to alcohol, 4.1 percent to tobacco and 4.4 percent to high blood pressure. Alcohol is causally related to more than 60 different medical conditions, including breast cancer and coronary heart disease. In most cases, alcohol has a detrimental effect on health," claims the release.

The study authors, from Sweden, Canada and the U.S., claim there’s a "growing contrast between the treatment of alcohol in trade agreements and disputes as an ordinary commodity and the more restrictive treatments of such other commodities as tobacco and pharmaceuticals, which also entail public health risks."

They end their study with a call for a "new international treaty on alcohol control, along the lines of the [United Nations’] Framework Convention on Tobacco Control."

The study’s claims seem largely based on a report from the U.N.’s World Health Organization entitled "World Health Report 2002: Reducing Risks, Promoting Healthy Life" — a document that refers to alcohol consumption and other politically incorrect lifestyle choices as "enemies of health."

But before we fall for the tobacco-ization of alcohol, let’s look a little closer at some of the "analysis" that’s going into the effort to bring about global prohibition.

The claim equating alcohol with tobacco in terms of the "global burden of disease" largely depends on a statistical shenanigan called "attributable risk" that I’ve written about in an earlier FOXNews.com column.

But I will let the U.N. debunk its own calculations in language taken directly from its 2002 report: "Causes [of disease] can add to more than 100 percent. If the scenarios were equally common, 66.6 percent of throat cancer would be attributable to smoking, 33.3 percent to alcohol, 100 percent to genetic causes, and 100 percent to unknown environmental causes, making a total of 300 percent. Causes can, and ideally should, total more than 100 percent; this is an inevitable result of different causes working together to produce the disease, and reflects the extent of our knowledge of disease causation."

So according to the U.N.’s math, we will all get throat cancer. Fortunately for us, however, the U.N. acknowledges that this claim reflects its "knowledge of disease causation" — which, as you can see, is quite impaired. The Lancet study authors claim that the link between alcohol consumption and breast cancer is "clear."

Although linking alcohol intake with breast cancer seems to be a popular scare these days, the data are far from convincing. Study results are conflicting and among those studies that do report a statistical association between alcohol consumption and breast cancer, they typically involve the sorts of weak correlations that aren’t terribly reliable.

Let’s not forget that, other than genetics, no one is quite sure what causes breast cancer. How any of this makes a link between alcohol consumption and breast cancer "clear" is not at all clear to me.

With respect to heart disease, many studies seem to indicate that moderate drinking actually reduces risk. Although the Lancet study authors acknowledge this, they claim that binge drinking increases the risk of stroke or sudden cardiac death. But the data supporting this notion are limited and unimpressive.

No one disputes that over-consumption of alcohol poses health risks, but so is too much of virtually any behavior. If the U.N.’s efforts were limited to combating alcohol abuse, I would not have written this column.

But many in the international anti-alcohol lobby are prohibitionists who apparently feel they need catchy-but-bogus factoids that the anti-tobacco crusaders used to promote anti-tobacco hysteria among the public — for example, "400,000 people die from smoking every year in the U.S." and "3,000 kids start smoking every day," etc.

Finally, I had to laugh at the end of the Lancet study where its authors state, "We declare that we have no conflict of interest."

I suppose that’s true in a world where you can only have a "conflict of interest" if you work for a profit-making entity.

The Lancet authors, however, appear to be heavily imbibing U.N. money — the World Health Organization (part of the U.N.) funded a 2003 study of theirs on alcohol consumption and disease burden published in the journal Addiction. Given the U.N.’s anti-alcohol campaign, isn’t that some sort of conflict of interest?

Steven Milloy publishes JunkScience.com and CSRwatch.com, is adjunct scholar at the Cato Institute, and is the author of Junk Science Judo: Self-defense Against Health Scares and Scams (Cato Institute, 2001).

http://www.foxnews.com/story/0,2933,147073,00.html


Smokers' patio opens at cancer centre

By Kate Jones 11feb05

MELBOURNE'S leading cancer hospital has built a smoking patio where patients and visitors can light up just metres from the leukemia ward.
The Peter MacCallum Cancer Centre spent up to $20,000 in taxpayer funds on the 24-hour designated smoking area, which opens today.

The smokers-only site has ignited controversy in the medical industry and among Peter Mac staff, who treat thousands of patients suffering lung cancer each year.

Hospital workers say that the money could have been better spent on helping Peter Mac's patients.

"They're frustrated they can't get funds for training and essential health services, but the hospital can find money to refurbish for a smoking area," a source said.

The sheltered smoking area is on the second level of the East Melbourne hospital.

A hospital spokeswoman, Anne Rahilly, said the smoking area would stop patients and visitors puffing away near the main entrance.

"Smoking out the front is problematic for us because it can be quite busy out there and some people who come into the hospital don't like cigarette smoke," she said.

But Opposition health spokesman David Davis said the new smoking area only encouraged the potentially fatal habit.

"The direction of policy for the last 40 years has been to restrict smoking, not to make it easier to inhale a deadly product," he said.

Mr Davis said the sight of people smoking at a cancer hospital would upset people.

"Some patients and families may find it offensive to have smoking thrust before them within metres of the leukemia ward," he said.

Health Minister Bronwyn Pike said she expected health services to do everything they could to discourage smoking.

"People only have to step inside a hospital to see the effect that smoking has on them," she said.

Smoking-related illnesses kill 4700 Victorians each year, most from lung cancer.

Lung cancer is the third most common cancer treated at the Peter Mac, which treats more than 191,000 cancer patients each year.

Most of Melbourne's public hospitals have smoking areas, including the Monash Medical Centre, which has 10.

The Alfred has seven smoking sites, Dandenong Hospital five and the Royal Children's, St Vincent's, Frankston and Rosebud have three each.

Most are outdoor areas, well away from wards.

QUIT director Todd Harper said the Peter Mac smokers' patio would protect people from passive smoking.

"Having a smoking area does not mean Peter Mac is encouraging people to smoke - it means they are protecting people from passive smoking," Mr Harper said.

"It's ideal that people don't smoke at all, but the Peter Mac has put in place programs to encourage and support people to quit."

http://www.sundaytimes.news.com.au/common/story_page/0,7034,12215945%255E421,00.html


Bacterial Infection May Cut Esophageal Cancer Risk

By Anne Harding Thu Feb 10, 2005 01:58 PM ET

NEW YORK (Reuters Health) - People who aren't infected with Helicobacter pylori have a "markedly increased" risk of developing esophageal cancer, a new study shows. However, the findings don't address the issue of whether or not the bacterium should be eradicated, lead author Dr. Catherine de Martel of Stanford University School of Medicine and her colleagues note.

"It's a bad bug, but what we show in this study is that it's not a bad bug in everybody, and perhaps we have to be careful and think a little bit more before we try to treat everybody," de Martel told Reuters Health.

Some research has found a negative association between H. pylori and gastroesophageal reflux disease (GERD), and while H. pylori infection is declining in the developed world, esophageal cancer is on the rise, de Martel and her team note in The Journal of Infectious Diseases.

Researchers have suggested that H. pylori may decrease gastric acidity in some people with the infection, thereby reducing the risk of reflux disease and esophageal cancer, de Martel's group notes.

To investigate the association further, they conducted a study of 128,992 health system members who had undergone a health checkup during the 1960s.

During follow-up, which lasted from 5 to 35 years, 52 patients developed esophageal cancer. These 52 patients were matched to three control patients without cancer, and serum samples that had been collected at the checkup were evaluated for antibodies to H. pylori.

The risk of developing esophageal cancer during the follow-up period was 80 percent lower in H. pylori-positive subjects compared with those who were not carriers, the researches found. The effect was only statistically significant among individuals who were younger than 50 at the time of the check-up, and was not influenced by cigarette smoking or body mass index, other esophageal cancer risk factors.

While this study is not the first to link esophageal cancer to the absence of H. pylori infection, de Martel told Reuters Health, "what is new is the fact that this study has a very strong methodology; it's a big cohort, and they have been followed prospectively."

"H. pylori is one of myriad organisms that chronically inhabit the human body, but this single organism may simultaneously increase the risk of development of ulcers, gastric cancer and gastric lymphoma and decrease the risk of development of esophageal (cancer) and GERD," the authors conclude.

They believe future studies and cost-benefit analyzes "will ultimately identify the healthiest balance between humans and H. pylori."

SOURCE: The Journal of Infectious Diseases, March 1, 2005.

http://www.reuters.com/newsArticle.jhtml?type=healthNews&storyID=7597563


Moore Says Challenge To Mississippi Anti-Smoking Program To Fail-MS

The governor's office of Medicaid filed suit in Jackson County on Thursday asking a judge to give it $20 million now going annually to a Mississippi anti-smoking program.

Former Attorney General Mike Moore, chairman of the Partnership for a Healthy Mississippi and whose 1994 lawsuit against the tobacco industry led to the program, said the legal challenge will fail.

The suit was filed in the chancery court where the diversion of funds from the historic tobacco settlement was approved in 2000.

Medicaid executive director Dr. Warren Jones called the diversion of funds "unconstitutional.''

"The original intention of the tobacco settlement was to recoup Medicaid dollars for the state,'' Jones said in a statement. "We believe this motion will ultimately allow the Legislature to fulfill that intention.''

Moore, in a telephone interview, told The Associated Press that he was assured by legislative leaders earlier this week that they supported the Partnership programs.

In a letter to those leaders - including Lt. Gov. Amy Tuck and House Speaker Billy McCoy - Moore said if lawmakers had a better idea what to do with the $20 million he would listen.

"If the legislative leadership came to me and said `we want to do this a different way,' we'd do it a different way,'' Moore told the AP.

The Partnership is a private, nonprofit group that aims its anti-tobacco message at teenagers and preteens. Moore has repeatedly described the programs as an integral part of the multibillion dollars settlement with the cigarette industry.

Gov. Haley Barbour wants the $20 million to go to the state's struggling Medicaid program, which is $268 million in the hole for the year ending June 30.

At the Capitol Thursday, Barbour cited a 2003 report by the Joint Legislative Committee on Performance Evaluation and Expenditure Review. PEER said courts don't have the authority to order how public money is spent.

"This suit filed today is fulfilling what the PEER Committee said should be done long before I was governor but that was not done,'' Barbour told The Associated Press.

"Because the order, as the PEER Committee report makes plain, is in violation of state law and of the constitution.''

Moore said the Partnership money woudl not impact the large deficit in Medicaid.

"This fight is not about Medicaid,'' Moore said. "If it was, he would have a plan to solve the $268 million deficit.

"It's a shame Gov. Barbour wants to destroy the number one tobacco prevention program in America,'' Moore said. "This is one of those penny wise and pound foolish mistakes the governor is making. He will lose in court.''

Jones said the money can be better used to help Medicaid participants and continue the anti-smoking efforts.

Moore has said the Partnership is helping reduce smoking among young people which, in turn, will save Medicaid hundreds of millions of dollars in the future.

Moore was the first state attorney general in the nation to sue tobacco companies to recover public costs of treating sick smokers.

Mississippi settled its case in 1997 and was projected to receive about $4 billion over the first 25 years, with payments continuing as long as tobacco companies exist.

Part of the settlement included payment of $61.8 million from tobacco companies for anti-smoking programs aimed at Mississippians under 18.

That money was to last for two years and was used to establish the Partnership. All other settlement payments went to the state, and legislators in 1999 established a health care trust fund for the tobacco settlement money.

In December 2000, as the initial $61.8 million for the Partnership was running out, Moore went to Jackson County Chancery Court and received an order taking the $20 million a year from the state's settlement payments and directing it to the Partnership.

Moore said Thursday that he went to court in 2000 after legislative leaders supported continuation of the Partnership's work.

In its court documents, Medicaid officials contend the 2000 court order violated the terms of the tobacco settlement, violates a state law that requires all tobacco installment payments to go to the health care trust fund and was judicial encroachment on the Legislature's authority to appropriate money.

http://www.wlox.com/Global/story.asp?S=2931730


State Supreme Court snuffs Pierce County smoking ban -WA

OLYMPIA — The Washington State Supreme Court struck down Pierce County's smoking ban today.

The ban was the strictest in the state, covering bars, restaurants, bowling alleys, casinos, hotels, private clubs and most other nontribal businesses.

The Tacoma-Pierce County Board of Health imposed the ban in January of last year, but three weeks later it was overturned by Pierce County Superior Court Judge Ronald E. Culpepper, who said the agency lacked the authority to enact it.

The state Supreme Court agreed, saying the health board's smoking ban conflicted with the state law. The state's less restrictive Clean Indoor Air Act prohibits smoking in most public places, but exempts restaurants, bars, bowling alleys and casinos.

"The (health board's) resolution, by imposing a complete smoking ban, prohibits what is permitted by state law: the ability of certain business owners and lessees to designate smoking and nonsmoking locations in their establishments," Justice Charles Johnson wrote in the unanimous opinion.

"I'm so happy!" said Janis Johnson, owner of the Pegasus Restaurant in Tacoma, where smoking is permitted. She said she ran through the restaurant telling everyone "we won!" when she heard the news.

"This has been a long, hard-fought battle," said Johnson. "They did the right thing."

The smoking ban was challenged in court by the Entertainment Industry Coalition, representing businesses where smoking is allowed. The high court denied the coalition's request for attorneys' fees from the Tacoma-Pierce County Board of Health, because it said the health board's defense was rational and not frivolous.

Two bills in the Legislature this year would expand the state's clean air act. One would ban smoking anywhere minors are allowed, including restaurants but excluding bars; the other would mimic the Pierce County ban and prohibit smoking in all indoor public places statewide. Gov. Christine Gregoire said this week she will sign either one, though the less-restrictive ban stands a better chance of passing.

The Supreme Court case is Entertainment Industry Coalition v. Tacoma-Pierce Co. Bd. of Health, No. 75675-9.

http://seattletimes.nwsource.com/html/localnews/2002176216_websmokingban10.html


Council's health warrior is back to the rescue -PA

 City Councilman Michael Nutter is again standing up for your health.

By: Edward J. Vassallo 02/10/2005

      If it finds nine like-minded champions for clean lungs, Nutter's bill to ban smoking in every workplace, public or private, with at least two employees will become law and the danger of dying from second-hand smoke will be cut in Philadelphia.
      The proposed law, which Mayor Street supports, will be felt mostly at restaurants and corner bars where patrons hole up to swig a cold Bud and drift into nicotine-induced serenity.
      Nutter and Street are worried that what you're inhaling voluntarily is sickening the nonsmoking bartender and his servers.
      Though the employers of these establishments choose to work in an environment they know is smoky- many barkeeps pay tuition to learn the business of dispensing spirits- our lawmakers are frightened by a statistic that 40,000 people per year die from inhaling smoke from those who choose a more perilous lifestyle.
      While that statistic has been disputed for its dubious methodology, Nutter believes it's better to err on the side of health no matter the costs.
      We all know smoking is a deadly, disgusting habit. Your clothes smell and hands yellow as the poisonous drugs fill your lungs. Few nonsmokers select a restaurant's smoking section if given a choice. And in tight spaces necessary for transit (elevators, airplanes) smoking is so intrusive that nonsmokers' air space should be protected by law.
      What concerns us is what we call the "tobacco-shop exclusion." So not to shut down the city's cigar lounges, businesses that earn more than 15 percent of gross revenue from tobacco are excluded from the ban.
      If the danger is so great, how can Nutter allow such an exception? Shouldn't delivery people or mail carriers who enter these shops be protected, too? Are they second-class citizens? What about the nonsmoking son or daughter who works for the family tobacco business?
      We recommend that exception be eliminated.
      We have another concern. The smoking ban will no doubt lead some to kick the habit. According to an American Medical Association report, those who quit smoking can expect to add 10 pounds as Milky Ways replace Camels. Here's the scary part: US Health Department stats show 400,000 people die each year from poor diets and excessive weight. That's 17 percent of all deaths in the country, while tobacco claims 18.1 percent.
      Unless the bill is amended to block smokers from replacing cigarettes with chocolate, candy and potato chips, the Nutter bill could inadvertently cause some poor soul to devour one caramel chunk too many, clog that one working artery, and join the expired 400,000.
      Council must address this. One unnecessary caramel-related death is one too many.
      Has Nutter considered the tragic side effects of deprived smokers driving in an agitated state of tobacco-withdrawal? Motor vehicle accidents alone claim 43,000 lives a year. One unnecessary highway death caused by nicotine-withdraw is one too many. The city should block ex-smokers from getting behind the wheel until they can prove the tobacco monkey is off their backs.
      That brings us to air conditions and heaters. Since tobacco is banned from most work places now, smokers who want to engage in their legal activity must stand outside in both 100-degree and subfreezing temperatures. This will only increase under Nutter's bill.
      How can the city issue fans during heat waves and chase the homeless inside during cold snaps, then allow smokers to face hypothermia and heat-stroke?
      The must issue tax credits to employers who provide temperature-controlled outdoor smoking facilities for workers. One unnecessary case of tobacco-related frostbite is one too many.
      Did we mention the revenue lost to suburban bars and restaurants that allow puffing? How about the cost of new health inspectors? We'll need dozens to check all the local taverns for ashtrays and cigarette-burned table tops and carpeting, all evidence of an uncooperative restaurant owner.
      We applaud City Council for looking out for our health and urge they continue rescuing us from all questionable health threats, no matter how flimsy the evidence or costly the solution.
      It's always better to err on the side of hysteria.

http://www.newsgleaner.com/site/news.cfm?newsid=13933755&BRD=2340&PAG=461&dept_id=488595&rfi=6


A victory for big tobacco

LAST September, the American government's huge lawsuit against big tobacco firms finally went to trial. The government accused the firms of a conspiracy to hide the risks of smoking, and wanted them to hand over a staggering $280 billion in “ill-gotten” gains. Barely five months later, the government's chances of imposing this draconian punishment look slim.

On February 4th, a federal appeals-court panel ruled that the government will not be allowed to get its paws on the firms' profits. The ruling, if it sticks, takes the sting out of the lawsuit, which is proceeding in a lower court. It leaves only the possibility of milder sanctions—perhaps forcing the firms to cover smokers' quitting costs or to submit to yet more restrictions on marketing. Tobacco shares soared on the news. But the government, which declared war on tobacco under President Bill Clinton and has spent $135m so far waging it, may appeal the decision by the three-judge panel to the full appeals court, where it has a decent chance of winning a reversal.

Meanwhile, the broader legal war against tobacco continues. The industry is anxiously awaiting the Florida Supreme Court's ruling on whether it will reinstate a $145 billion verdict won by more than 700,000 sick Florida smokers in the Engle case. History is on big tobacco's side: courts have taken a dim view of these basic personal-injury cases cloaked as class actions. The appeals court that threw out the Engle verdict in 2003 also said that the plaintiffs had no business suing as a class.

Philip Morris is fretting over the Illinois State Supreme Court's pending ruling on its appeal in another case. The plaintiffs used a novel tack that won them a $10.1 billion verdict in 2003. These smokers, instead of suing for harm done to their health, claim that Philip Morris duped them into believing that its more expensive “light” brands were healthier than its regular ones. If they had known better, say the smokers, they would have saved their pennies. The firm needs the support of four out of five judges to reverse the ruling.

Light-cigarette cases of various sorts are proliferating—the current fashionable threat to the tobacco industry. Tobacco firms are being blamed for failing to give warning to smokers that they might unwittingly be taking deeper drags or blocking the ventilation holes with their fingers while smoking these low-tar cigarettes. And, in contrast to basic personal-injury tobacco lawsuits, the courts seem more open to allowing these cases to proceed as class actions.

Two more new waves of litigation are coming, says Bill Farone, a former Philip Morris executive who now testifies often against the industry. Now that the technology for fire-safe cigarettes exists, people are suing when cigarettes start fires. Second-hand-smoke lawsuits, too, are likely to mean big trouble for tobacco firms as other litigants follow the lead of some Florida air-stewardesses, who finally wrangled payment from the industry last year. It may prove hard for tobacco firms to argue convincingly that plaintiffs should have known about the risks of smoking when they never took one puff on a cigarette.

http://www.economist.com/business/displayStory.cfm?story_id=3651721



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Thursday, February 10, 2005
snoking in the papers

Bar, tavern layoffs: Is it the NHL effect? -ON

By JOHN PARTRIDGE AND KEITH MCARTHUR Saturday, February 5, 2005 - Page A2

The National Hockey League players lockout has forced Montreal sports bar owner Ziggy Eichenbaum to turn some of his employees into statistics.

Mr. Eichenbaum had to lay off two of 10 workers because business is down about 25 per cent. The rest of the staff at Ziggy's Pub on Crescent Street near the Bell Centre are working shorter days.

Game nights used to bring 20,000 people downtown. "Now you can take a bowling ball and throw it down Crescent Street on a Monday night and not hit anybody," he said yesterday as supposedly last-ditch talks in New York between National Hockey League owners and their locked-out players ended, apparently without progress.

The latest stalemate came as Statistics Canada unveiled a little more evidence that what might be called an "NHL effect" is taking at least a small toll on the economy, beyond lost salaries for the players and lost advertising revenues.

In reporting the unexpected net loss of 5,700 jobs across the country during January, Statscan suggested yesterday that the silence in NHL rinks may be behind a drop in employment in tavern and bars. When Labatt Brewing Co. Ltd. announced plans in December to cut 20 per cent of its white-collar work force -- 240 jobs -- it partly blamed slumping sales at bars and restaurants, which are also suffering the impact of smoking bans.

Worse is likely to come. Hostelries that cater to a hockey clientele say the biggest hit will be if and when the playoffs are cancelled.

Just before Christmas, Statscan estimated that the hockey freeze was costing the economy about $17-million a month, from ticket and souvenir sales and broadcast revenue. If the entire season is lost, the gross domestic product could be reduced by about $170-million.

"There definitely is an 'NHL effect' " said economist Avery Shenfield of CIBC World Markets, but "what you never know is to what extent it's offset by additional spending on other items," he said.

"What you don't see is whether the guy who would have spent Saturday night at a bar watching the hockey game is instead spending more money on a Valentine's Day present for the wife."

http://www.theglobeandmail.com/servlet/ArticleNews/TPStory/LAC/20050205/NHLEFFECT05/TPNational/


Bylaw? What bylaw? -ON

Bars are finding creative ways to dodge the smoking ban, and the city is not amused
By LUMA MUHTADIE  Saturday, February 5, 2005 - Page M1

A subtle, street-level sign declared the party at Bird to be private. But passersby who strolled into the College Street lounge bar on Wednesday night were definitely welcome to pull up a seat, order a drink and do something that's now forbidden in most Toronto bars: light up a smoke.

Patrons of the small space above Xacutti restaurant were exempt from the city's non-smoking bylaw because the space had been rented out for what was described as a private function -- one of the strategies bar owners are adopting to enable drinkers with a penchant for nicotine to indulge their habit without having to step out into the cold.

"I didn't realize places like this existed," said Gail MacKenzie, exhaling a plume of smoke.

"But I'm happy that they do."

They may not for much longer, however. Public officials say they're concerned about bars blurring the line between commercial establishments and private clubs, and their growing frustration with loose interpretations of the city bylaw is driving them to crack down.

Evasion tactics range from the artful to the downright audacious: Some are offering membership cards, others are willing to risk their patrons' safety by locking their doors to the general public.

But Rob Colvin, manager of healthy environments and the man responsible for overseeing the enforcement of the smoking bylaw, says most of these attempts to dodge the ban won't pass enforcement officers' scrutiny.

"A private club is run by a non-profit corporation and has to demonstrate that it has a purpose," says Mr. Colvin.

"They need to show that they have regular meetings. And they can't advertise or communicate to the public."

Bird owner Brad Moore doesn't classify his venue as a private club, "because we're not. And that would get me into trouble as far as harassment with inspectors."

But he says the hosts who rent his space out for the night (at a minimum cost of $500 an hour) are free to set the parameters of privacy for their events.

"It's used for private functions on a regular basis," he says. "Sometimes they have a guest list with security at the door. Sometimes they're not so concerned about who comes in and who comes out -- there are so many different rules or considerations for each party."

As for bylaw-enforcement officers' opinion of what goes on in his bar, Mr. Moore is resolute. "These guys come in here like whipper-snappers with attitudes. I'm simply a business operator trying to make a dollar.

"If you're suffocating people, that's not good, but if I'm spending $40,000 on a ventilation system, I don't see why I can't offer a service to someone."

Mr. Colvin says the courts are taking a serious view of non-compliance and have been issuing probation orders and summonses with hefty fines. They can even go as far as ordering a venue's closure or jail time for the offender.

Still, a handful of creative club owners remain undeterred.

The Cloak and Dagger on College sells $10 annual membership cards to its so-called Society of Free Thinkers. These laminated photo IDs bear a digital headshot of the cardholder (taken on the spot) alongside a graphic of Einstein -- and they're all you need to get in on Mellow Mondays and smoke your face off.

Then there's Chalker's Pub Billiards & Bistro, on Marlee Avenue in North York, which bills itself as the headquarters for the non-profit Cosmopolitan Multicultural Society.

Members of the society pay a $5 annual fee to earn the privilege of sparking up inside.

Only the society's board of directors is obliged to sit through meetings, owner Steve Greco explains. He's the manager of the board, which has 24 other members.

"There are a lot of clubs out there that aren't legitimate private clubs, but we're following all the laws -- we have a charter and everything," Mr. Greco says.

And he's prepared to defend this stance in court: Mr. Greco's lawyer is poised to challenge two tickets his client received for smoking violations that could cost up to $5,000 for each infraction.

But counterfeit private clubs are still a rare exception, Mr. Colvin says, noting that compliance with the bylaw has hovered steadily around 97 per cent -- even during the bone-chilling month of January.

It's a sign that bars and patrons are slowly adjusting to the city's new ways, he says.

So much so, in fact, that "private clubs" have become unappealing to some smokers.

"I won't go to them," says Chris Rolfe, while savouring the last drags of his cigarette outside a downtown bar.

"I don't like sitting inside smoky bars any more."

He says he's already cut his habit down from half a pack to three cigarettes a day.

"If I was allowed to smoke indoors, I'd have one going all the time."

http://www.theglobeandmail.com/servlet/ArticleNews/TPStory/LAC/20050205/SMOKERS05/TPEntertainment/?query=smoking


All in the Family bandits  -ON

Wednesday, February 02, 2005 -
Investigators trying to crack a rash of convenience store thefts are seeing a family resemblance among the crimes.

Crime Stoppers along with 55 and 13 Division Major Crime units need the public's help in tracking down a band of thieves that span several generations.

The group were caught on tape.

At each store, five to 10 people, some of them young children, enter the shop all at once, fanning out through the aisles and bringing items one at a time to the counter.

Several suspects distract the owner at the front counter while others make their way into the storage area at the back of the store.

While the storeowner is busy serving the suspects at the front counter, the suspects at the rear removed a quantity of cigarettes, money and jewellery, concealing it on them or in large bags.

In one of the incidents, a woman carrying an infant stood watch at the rear of the store. In another incident, two small children began playing in front of the counter, creating a commotion.

The suspects then all leave the store at once.

This group has stolen approximately $58,000 in cigarettes, cash, computer equipment and jewellery. At one location they removed the victims safe from the living quarters above the store.

If you have information about the identity of these people, call 55 Division Major Crime at 416-808-5506 or at 416-808-1306. If you want to remain anonymous and earn a cash reward, call Crime Stoppers at 416-222-TIPS (8477)

All in the Family bandits

http://www.torontopolice.on.ca/modules.php?op=modload&name=News&file=article&sid=1505&mode=thread&order=0&thold=0


Smoking injunction dismissed for club owners -NL

CBC News WebPosted Feb 5 2005 09:50 AM NST

ST. JOHN'S  —  The group representing most of the bars and taverns in the province has lost its fight to postpone public hearings on the government's proposed smoking ban.

The Beverage Industry Association applied to the Supreme Court asking for a delay so that a thorough economic analysis of the impact of the ban can be completed.

The provincial government intends to pass legislation this spring that will extend its ban on smoking in public places to include bars, clubs and bingo halls.

Public hearings started this week in Gander, and will conclude Feb. 16 in St. John's.

Marcel Etheridge, president of the Beverage Industry Association, says the government appears to have its mind made up, without assessing the full impact of a ban will bring.

"We are very disappointed, but we're not giving up," says president Marcel Etheridge.

The association may appeal judge David Russell's decision, which was handed down Friday afternoon.

"The timeframe is very, very narrow," Etheridge says.

"You cannot do a social impact study of this industry which is very, very large, which is worth millions of dollars, in a couple of months. It's unrealistic."

Describing many of his members as "ma and pa" operations in rural areas, Etheridge believes numerous clubs will close if they lose regular customers who smoke.

"They're doing it to [our industry], because I guess we're easy to pick on."

Don Burrage, the Crown attorney who fought the application on behalf of government, argued the association has many ways to voice its opposition beyond the public hearings.

Meanwhile, the Beverage Industry Association has another application before the courts, which argues the entire public hearing process is flawed.

http://stjohns.cbc.ca/regional/servlet/View?filename=nf-clubs-smoking-20050205


RE: Public Health Inspectors-Working to Protect the Health of Your Community
 -SK

    WHITE ROCK, BC, Jan. 21 /CNW/ - Public Health Inspectors in Saskatchewan are an integral part of the Public Health Professional team in your 
communities. Possessing a unique skill-set, Public Health Inspectors are on the front-lines of Public Health ensuring safe drinking water, safe food and protection from exposure to communicable diseases to name a few of the program responsibilities.
    One of the threats to Public Health in Canada today is the use of tobacco products and the exposure to tobacco smoke. 45,000 Canadians die each year as a result of tobacco related illness. As part of an overall Tobacco Reduction Strategy, many communities are introducing legislation to protect the public from exposure to tobacco smoke in public places. It has also been shown that smokers are more likely to attempt to quit in communities where smoking in public places is restricted.
    Public Health Inspectors are responsible for the enforcement of such legislation. Every effort is made to educate business operators on the associated health risks of tobacco smoke exposure and the need to protect the public.
    The vast majority of the business community will understand their responsibility and operate their businesses accordingly however, there are a small percentage of business operators who refuse to acknowledge this responsibility and will challenge legislation.
    These business operators and the sensationalized headlines they provoke do capture the media and the public's attention. The sober reality of the devastation caused by tobacco use in this country seems to be lost, as does the important role of Public Health Inspectors in protecting your community's health.
    The Canadian Institute of Public Health Inspectors proudly supports Public Health Inspectors in Saskatchewan and urges the citizens of Saskatchewan to stand behind these Environmental Public Health Professionals and look beyond the "smoke screen" of sensationalized headlines.

For further information: Claudia Kurzac, President, Canadian Institute of Public Health Inspectors, Phone: (604) 714-5683

http://www.newswire.ca/en/releases/archive/January2005/21/c5901.html


Tougher Ontario smoking laws pledged

DEBORA VAN BRENK, Free Press Reporter 2005-02-04 02:09:07

 
Mississauga MPP Peter Fonseca gave it up for marathon running years ago. Ontario Finance Minister Greg Sorbara did it cold turkey recently.

Encouraging every other smoker to give up the habit and make healthy choices is one role the provincial government does and should take on, Fonseca insists.

Fonseca, parliamentary assistant to Health Minister George Smitherman, says Ontario intends to enact the toughest non-smoking laws this side of California because it's in everyone's best interests.

"I'd love to see the day where nobody smokes in Ontario," Fonseca said during a stop in London yesterday.

He said that doesn't extend to banning cigarettes outright. But it does mean that as of May 2006, Ontarians should have enough carrots and sticks to encourage them to stop smoking and penalize them if they do.

The tough non-smoking bill is in the legislature and is expected to pass third reading this spring.

It will replace a patchwork of local bylaws with a provincewide ban on smoking in workplaces, including bars and entertainment areas.

Some critics have said the bill is intrusive and harmful to many businesses.

But Fonseca said smoking costs the province's health system $1.7 billion a year and eats up $2.6 billion in productivity.

"The umbrella to this is a healthy Ontario and healthy Ontarians," said Fonseca, who was an Olympic marathoner in 1996.

http://www.canoe.ca/NewsStand/LondonFreePress/News/2005/02/04/919840-sun.html


Butting out should be Albertans' decision -AB

Love him or hate him, our premier was absolutely bang on with his decision to allow Albertans to decide if a provincewide smoking ban in all public places was right for them.
I ventured out Monday to try to determine if prohibiting smoking would indeed be a death sentence for local watering holes. In a word, according to managers across the city: Nope.
It seems bar managers have resigned themselves to the fact a smoking ban is likely to be put into place, but they aren’t worried about how it will affect their bottom line in the long term.
Some even welcomed the idea.
Customers who smoke, of course, voiced their displeasure with the concept, but said as long as the public is left to decide the issue, they would comply.
ALREADY A HAPPY COMPROMISE
Don Cherry’s manager Brian Simms believes a happy compromise has already been achieved by not allowing smoking in establishments where minors under the age of 18 can be served.
“For a lot of businesses I think, if they were to go to full non-smoking, they would lose a nice few patrons,” Simms said. “Basically (people) want to be able to go out to their favourite place and have a few drinks – they don’t really want to be getting up and going outside every time they want to have a cigarette.”
What is in place now works well for Don Cherry’s because patrons who visit the establishment can do so with their families and not have to worry about second-hand smoke; but if they feel the urge to have a quick puff during their meal, they can simply step into the lounge.
“The setup they have now is a great setup,” said Simms, who agreed customers would eventually learn to accept to an all-encompassing smoking ban.
Red Deer resident Denis Lacroix, 42, said he simply would not frequent any drinking establishment where he was not allowed to smoke.
“They are pushing it too far, where they are trying to make (everywhere) smoke-free, but yet it is a legal substance – because there is good tax money in it,” said Lacroix. “Do you have to make laws about everything?”
While he agrees with not being allowed to smoke in places where children are allowed, prohibiting smoking in establishments that only allow adults is going overboard, he said.
His advice to non-smokers bothered by second-hand smoke was that they can always choose not to put themselves in that environment.
The same goes for those who choose to work where people can smoke, but complain about the effects it has on them physically, he said.
“Government should stay out of it. I’m sure (this place) would be out of business if you couldn’t smoke in here,” he said.
Maddhatters Liquid Lounge manager Mike Lilge would wholeheartedly welcome a full smoking ban in bars.
“I think it would be a great idea,” he said. “I wake up in the morning and it’s just gross. I don’t smoke, but I would rather be smoking than having (to deal with) the second-hand smoke.”
He estimated that about 70 per cent of the people that visit Maddhatters smoke.
“It would be bad for business initially. I think it would (make a lot of business owners angry), but it’s just a matter of adapting.”
Marcel Blais, general manager of Hammerhead Bar and Grill said he thinks it’s only a matter of time before a smoking ban for all public places is implemented.
But what he has seen – Hammerhead is part of a chain in other provinces that have all-encompassing bans – is that business drops off for about the first month.
“People will keep going out. They will modify their lifestyle. They will boycott at first but they usually will come back,” said Blais.n“The ban will come into place for all public places,” he said. “I don’t know when, but it will happen.”
Although customer Gavin Granoien said he would not have come to Hammerhead Monday if he weren’t allowed to smoke he would accept a smoking ban, as long as it wasn’t unilaterally imposed by the province.
He just wouldn’t stay in the bar as long, he said.
“It should be up to the establishment owners and the adults. Let them decide. If most of Grande Prairie wants to say no, then I will abide by that, but if it is one person is saying no to the rest, then I don’t agree with that,” said Granoien.
“It would slow me down,” he said. “Because then I could be going home (to smoke), or I would step out for one and then be going home.”
There you have it. About as clear as a smoke-filled bar, wouldn’t you say?
http://www.dailyheraldtribune.com/1bottomline.lasso


Cold turkey: a 'godawful' tactic- ON

Debora Van Brenk, Free Press Reporter 2005-02-05 03:27:43

The road to the nearest cigarette counter is paved with your best intentions. You wanted to quit by the start of the year but didn't.

Then came Stop Smoking Week and you really meant to butt out. But the furnace conked out and your boss handed you new duties. Who could quit at a time like that?

Now, with each puff, a nagging cramp in your gut says you don't want to smoke anymore. But that twitch in your fingers betrays your resolve.

You're not alone.

About 20 per cent of Southwestern Ontarians still smoke, and half of those will seriously consider quitting this year.

The incentives to butt out are growing: the price of some smokes is about $8.75 a pack; places where smokers can puff are becoming increasingly scarce; and now Ontario is eyeing one of North America's toughest anti-smoking laws.

Most ex-smokers try, and fail five times before they quit.

Starting today, a Free Press series -- consider it more a how-to than a why-to -- looks at kicking the habit.

IT DARN NEAR KILLED HER.

In 1997, after 58 years of puffing, great-grandmother Clara Brown stopped smoking.

Cold turkey.

"For three days I lived on hot water, soda biscuits and aspirin," she says.

Then, when she finally heeded husband Bill's pleas to get medical help, she spent nine days in the hospital intensive care unit in nearby Seaforth.

She was fed intravenously and needed regular gulps from an oxygen mask. She lost 15 pounds from her petite frame.

Hers is the kind of story that churns the stomachs of veteran smokers.

Given a choice, Brown says she wouldn't quit that way again. "It's godawful on your system."

Experts say the success rate for people who try to quit cold turkey -- without extra help such as the patch or medication or counselling -- is an abysmal five per cent the first time around.

But Brown beat the odds; she is still smoke-free.

And her story lends credence to those who say it's possible to quit on your own, and at any age.

She was 16 when her boyfriend Bill, now her husband, gave her her first puff on a cigarette. Bill had started a few years earlier, with dried-up chestnut leaves rolled in newspapers.

"I tried it. I liked it and I never stopped," Brown says.

Cigarettes at the time were 36 cents a pack.

The habit continued for both of them.

Their three kids grew up and had kids and grandkids of their own.

Then, about 15 years ago, Bill quit. It wasn't as tough as he thought it would be.

"I did hit the peppermints for a while. My tongue felt like a gravel road and somebody had run a truck over it,"he says.

Clara kept puffing, although rarely in front of the kids. But her young great-granddaughter's ill health made her think.

"I didn't want to take a chance on losing any of them."

So she quit -- part-way through the carton of cigarettes Bill had given her, as he did every December, as a Christmas gift.

She recalls her grandson visiting her in hospital in tears because of her concern for his daughter's health.

And, even though Clara still keeps ashtrays in the house for visitors, she's determined to stay smoke-free. For good.

"I never had that desire to go back," she says.

LEGAL FIREPOWER

New laws, higher taxes.

That's how the Ontario government wants to pull you into the non-smoking majority, with some of North America's toughest no-smoking rules.

Tobacco taxes were recently jacked up $1.25 a carton, raising the per-package price by 16 cents to about $8.75.

But the province isn't just putting the cash squeeze on smokers: It's also cutting down their dwindling elbow room

Queen's Park is promising a sweeping new law to curb smoking, severely restricting where people can smoke and how tobacco can be advertised, and hiking fines for any violations.

The provincial law, expected to take effect May 31, 2006, will override the patchwork of municipal no-smoking bylaws across the province that have crowded smokers out of most workplaces and into increasingly smaller public places.

The province says its coming crackdown will:

- Ban smoking in all workplaces and many public places, including private clubs, restaurants, bars and enclosed, outdoor patios. Many eateries, including some in London, went to great expense building outdoor smoking areas to get around the city's own no-smoking rules.

- Ban smoking at sports and entertainment venues, casinos, bingos and halls.

- Do away with designated smoking rooms, though some residential care facilities could have controlled smoking areas.

- Allow hotels to set aside some rooms for smoking customers.

- Ban smoking in home-based day cares when children are present.

- Allow home health-care workers to ask that no one smoke in their presence and to leave if smokers don't comply.

- Enforce a nine-metre smoking ban around hospital doorways, though that won't extend to other buildings.

- Ban tobacco promotion at entertainment venues.

- Ban store cigarette displays, a move the industry is fighting in the Supreme Court of Canada over a similar law in Saskatchewan.

- Hold store owners liable if an employee sells tobacco to customers under 19.

- Hike minimum fines for violating the law, with new rates of up to $1,000 -- five times the existing minimum.

http://www.canoe.ca/NewsStand/LondonFreePress/News/2005/02/05/921244-sun.html


hypocritical view  -AB

Letter to Editor February 7/05

TO THE sanctimonious hypocrites currently attacking smokers: Most of the pollution in the air we breathe comes from carpets, furniture, plastics, industry and auto exhaust. Cruelly forcing smokers into the cold and rain and snow is the latest form of vicious social apartheid and is not fit behaviour for anyone of conscience or professing of Christian beliefs. You should be very ashamed.
R. Jarvis
(Smokers are being squeezed out.)
-----------------------------------------------
WHY IS everyone getting all worked up about the smoking ban? Don't you realize that soon you'll be able to light up anywhere? If the police try to arrest you, you can tell them it's marijuana, not tobacco. That  way, what you're doing will be legal.
G. McLean
(Zing!)

http://canoe.ca/NewsStand/EdmontonSun/Letters/


Playing field uneven for tobacco farmers - ON

February 7/05

Regarding the column, Farmers should have seen it coming (Jan. 29):
Perhaps Ian Gillespie would develop some empathy if the government added $6 of tax to each issue of The London Free Press while turning a blind eye to smuggled newspapers.
What if Canadian newspapers were held to the highest standards in the world while foreign newspapers were imported into this country without inspection? Could you could compete on a playing field that has been tilted by our own government?
Health Canada and the domestic tobacco companies told farmers to "invest for the future" in 2001 by retrofitting their kilns to eliminate nitrosamines. The average tobacco farmer is $400,000 in debt, largely due to the kiln conversion project. As soon as the project was complete, cigarette taxes were raised and Imperial Tobacco Ltd. started importing large quantities of foreign tobacco of such poor quality it could not legally be offered for sale by a Canadian producer.
The tobacco statements made by Rob Cunningham are an assortment of old statistics, incompetent opinions and twisted facts. It's strange how the anti-smoking groups' estimates of the damage of smoking always rise to stay ahead of the revenues generated by cigarette taxes.

Ontario tobacco growers have three problems:
1. Imperial's imported garbage tobacco.
2. smuggled/bootleg tobacco.
3. broken government promises.
There is no grand ball, Mr. Gillespie. You are welcome to attend the foreclosure auctions.
John Stewart
Eden

http://www.canoe.ca/NewsStand/LondonFreePress/Letters/


Albertans want smoking ban: poll

EDMONTON - The majority of Albertans favour a workplace smoking ban, according to a survey commissioned by

an anti-smoking group.

The Ipsos-Reid poll of 800 Albertans found that overall, 68 per cent would like to see smoking banned anywhere people work, including restaurants, bars, casinos and bingo halls.

The survey, paid for by the Campaign for a Smoke-Free Alberta, should help Premier Ralph Klein make up his mind on the issue, the group's spokesman said.

"He stated he would like to see a full public consultation on this issue, and even suggested we may see provincial legislation this spring," Les Hagen said. "This gives him more ammunition to do that."

Health Minister Iris Evans is working on provincial smoking legislation, which should be in front of the standing policy committee by the end of February and could be ready for a vote in the legislature by April.

" From Jan. 26, 2004: Legislature COULD VOTE ON SMOKING BILL BY April

Evans had initially proposed a province-wide ban, but eased off after Klein made it clear he doesn't support the move. While the premier believes steps should be taken to discourage people from starting to smoke, he opposes forcing bars and casinos to ban the habit

He says individual municipalities should make the decision about whether to permit smoking in their communities. However, the Alberta Association of Urban Municipalities has asked the province to make a rule that everyone would have to abide by.

The poll was conducted between Jan. 20 and Jan. 25, and is considered accurate to within +/- 3.5 percentage points, 19 times out of 20.

http://edmonton.cbc.ca/regional/servlet/View?filename=ed-smoking-poll20050207


Alderman wants to fast track smoking ban

POSTED AT 5:23 PM Monday, February 7

A new poll shows the majority of Albertans want a province wide ban on smoking in public places.

And support may be strongest in Calgary.

The Ipsos Reid survey says 70% of Calgarians want smokers to butt out in public places.

That compares with 67% per cent of Edmontonians polled.

Support in the rest of the province is at 65%.

Calgary isn't scheduled to start a smoking ban until January 2008.

Alderman Diane Colley-Urquhart may use the new survey to try to convince her colleagues to move that date forward.

She says other members of city council should sit up and take notice that Calgarians don't want to wait 3 years.

Colley-Urquhart admits this issue will likely have to wait until after the Ward 10 byelection on February 28th.

http://www.cfcn.ca/servlet/RTGAMArticleHTMLTemplate/B/20050207/smoking?brand=generic&hub=&tf=CFCNPlus/generic/hubs/frontpage.html&cf=CFCNPlus

/generic/hubs/frontpage.cfg&slug=smoking&date=20050207&archive=CFCNPlus&ad_page_name=&nav=home&subnav=fullstory


Tobacco growers’ plight getting worse, says Neukamm -ON

High Canadian dollar harms export opportunities

By Patrick Brennan Times-Journal Staff Wednesday February 02, 2005

AYLMER -- Tobacco growers got some mixed messages from the president of the Ontario Flue-Cured Tobacco Grower’s Association on the coming season, at their winter meeting Tuesday.
Fred Neukamm told about 50 growers that while the prospects for the 2005 crop are the same as last year, the challenges facing the industry in Ontario are getting worse, not better.
“We have delivered a top-quality crop and yet conditions on our market continue to fall far short or our expectations,” Neukamm said to growers at the Saxonia Hall.
A Canadian dollar with a higher value and the failure of Dalton McGuinty’s Liberal government to honour a promise for $50 million in funding are just some of the issues Ontario growers are facing, he said.
The latest projections for the 2005 crop are that growers will be expected to deliver approximately 50 million pounds, plus or minus, Neukamm said. Of that, 18 to 25 million pounds will go to Imperial Tobacco.
On the export scene, Neukamm said that while China is seen as a strong potential market, the strength of the Canadian dollar is a factor.
Add to that black market activity and two increases in tobacco taxes, totalling $6.25 a carton by the Ontario government since it took power.
TAKES AIM
Neukamm took aim at Ontario Agriculture Minister Steve Peters, MPP for Elgin-Middlesex-London, for delaying the $50 million promised to growers.
“Although we have been assured by both the premier’s office and that of Minister Peters that ‘they are working on a program,’ there is definitely cause for concern regarding both the delivery and structure of a program,” Neukamm said. “You’ve all heard from Minister Peters in the media -- he says the money is coming. These are the same messages we’re hearing in our discussions and we have spent countless hours at Queen’s Park and at constituency offices pushing our case to anyone who would listen.”
Neukamm summed up the frustration farmers are experiencing.
“We are tired of empty promises and lectures about tobacco use -- it’s long past time for governments to be responsible and accountable and contribute enough dollars to help relieve some of the chaos it creates,” he said.
Neukamm said Ontario growers had invested time in studying the U.S. buyout offered to certain tobacco farmers as to how it affects world markets and what a grower would receive.
“Circumstances for tobacco growers in Ontario are extremely fragile,” Neukamm said. “We are involved with discussions with customers and with governments that will set our future course as an industry.”
Neukamm said the long-term goal for the Ontario Flue-Cured Tobacco Grower’s Marketing Board is to come up with an industry solution that stabilizes farming, and a long-term exit plan.
As long as Canadians continue to consume tobacco, it should be made from leaf grown in Southwestern Ontario, he said. Neukamm reminded growers the board needs their solidarity to avoid others exploiting any divisions.

http://www.stthomastimesjournal.com/story.php?id=140966


Casino spokesman says employees' smoking room is being phased out -SK

Veronica Rhodes The Leader-Post Thursday, February 03, 2005 
 
Despite firm legislative action to stop smoking in all public places, a government-run casino has an indoor smoking room for its employees.

Bill Davies, spokesperson for Casino Regina, said there is currently a smoking room for employees at the gaming institution, but it is in the process of being phased out.

The casino has a policy that floor employees can't leave the building in their uniforms, even to have a cigarette. Davies said changes will be made in an "orderly fashion" -- the policy will soon be revised and then the smoking room will be shut down.

Since December, employees have known the room would be closed, which Davies said would happen "in the near future."

Establishments are not in violation of the Tobacco Control Amendment Act by having a smoking room for employees, as long as the room is in an area restricted from the public.

But government policy states that smoking is not allowed in any government building.

Health Minister John Nilson said he had no idea the casino had a smoking room until recently.

"I didn't know about this one until it was told to us in the last couple weeks. As far as I know, there aren't other ones," said Nilson.

Rumours have been flying that a smoking room exists in the Saskatchewan Legislative Building, with news of the room even being published in a weekly newspaper recently.

But Nadine Sisk, spokesperson for Saskatchewan Property Management Corp. (SPMC) said there is no smoking room in the home of the provincial government.

Nilson said the casino did not exist when the government policy was instituted in 1994. Recently, operators of the casino raised some questions about whether it was indeed a government building, despite being owned by the province.

"I guess they didn't realize the policy applied to them. So practically, they are correcting that issue that has been identified," said Nilson.

The minister did not believe the casino smoking room should cast any doubt on the province's commitment to the smoking ban.

"Our legislation around smoke-free public places is very clear and it speaks to public places and will continue to do that," he said.

Nilson said an Occupational Health and Safety committee is currently reviewing the issue of smoking in the workplace, among other policies.

http://www.canada.com/regina/leaderpost/news/story.html?id=cbc77460-5aaf-4750-b147-4b9c76226a1e


Tobacco talks are ‘uphill climb,’ growers told -ON

Tiffany Mayer - SIMCOE REFORMER Friday February 04, 2005

Simcoe Reformer — Tobacco farmers have been given every indication so far that they can expect a repeat of last year’s crop size for 2005.
That message was delivered by Fred Neukamm, chair of the Ontario Flue-Cured Tobacco Growers Marketing Board, at the growers annual winter meeting in Delhi yesterday.
After two days of crop size negotiations, Neukamm told hundreds of growers that industry and manufacturing stakeholders have indicated their need for domestic leaf will stay at about 50 million pounds for 2005. Exporters have also expressed interest in maintaining their levels in the 35 to 40 million pound range.
Producers grew 87.9 million pounds of leaf in 2004 for domestic and foreign markets.
“Although just meeting last year’s crop size is not our objective, these indications are a far cry from some of the rumoured doomsday scenarios being thrown around on the warehouse floor this winter,” Neukamm said.
Rumours circulating within the tobacco community suggested the crop size could be as low as 60 million pounds. Crop sizes have been dramatically reduced as more Canadian smokers quit the habit and cigarette companies increasingly turn to cheaper imports to meet remaining demand. The Canadian tobacco crop has been virtually cut in half in the past seven years, dropping from 151 million pounds in 1998 to just under 88 million last year.
Neukamm said the board pushed stakeholders to provide information early about this year’s crop after negotiations in 2004 dragged on into late May when many growers had planted a crop without knowing what to expect. That was because Imperial Tobacco refused to accept a concession package from growers that would make domestic leaf more appealing for the cigarette company to purchase.
Despite the early indications, Neukamm isn’t expecting negotiations to be easy.
“These negotiations will be an uphill climb. None of what I’m reporting to you today has been finalized. However, we felt it was important to get a preliminary indication out to the farmers as soon as possible,” he said.
Negotiating price will be the next step in the process as the “nitty gritty of negotiations” begin.
Neukamm also reassured the crowd that the board is doing what it can to secure government funding for growers wishing to leave the industry while maintaining production for those who wish to continue growing leaf.
“Farmers, we are tired of empty promises and lectures about tobacco use. It’s long past time for governments to be responsible and accountable and contribute enough dollars to help relieve some of the chaos that it continues to create,” he said.
But governments aren’t the only ones stirring up potential troubles for tobacco growers. Wednesday, a group of producers refused to leave a closed-door portion of a tobacco board meeting about crop negotiations. The growers’ lack of co-operation forced the cancellation of the meeting
Tobacco board meetings were opened to producers last month, but the board stipulated at the time that there would still be issues that required closed sessions. Meetings involving appeals, human resources and negotiations are not open to the public.
Incidents, such as those Wednesday, make it difficult for the board to function, Neukamm said. They also represent a lack of respect for the electoral process and the bodies governing that process.
Joe Barzo, a tobacco grower from Tillsonburg, said farmers should be supporting the board, not working against it.
“I’m quite satisfied that they’re approaching every possible avenue. They’re fighting an uphill battle with government,” Barzo explained.
He also expressed relief at having some idea about crop sizes so early in negotiations. However, Barzo is still not happy with the prospects for this year’s growing season.
“I’d like to see (crop size) get bigger but I don’t think it will. I don’t know how long we can continue growing with the amount of tobacco we grow now,” he said. “It’s hard to stay in business.”

http://simcoereformer.ca/story.php?id=141483


The Chronicle Journal Feb. 7/05

Letters to the Editor re: bus driver charged in smoking Violation Jan31/04
A Thunder Bay bus driver was fined 60$ and lost a day's  wages for the crime of smoking a cigarette ("First smoking ticket issued." Feb 1)  He was apprehended due to an anonymous phone call made to public authorities. 
Think about it!
Frank Zaniol
Niagra Falls, Ont.

http://www.chroniclejournal.com/


The price to pay for smoking ban in pubs -UK

IAN SWANSON SCOTTISH POLITICAL EDITOR
SCOTLAND’S smoking ban is set to cost an initial 2300 jobs, force nearly 150 pubs to close and rob the Chancellor of £59 million a year in tax revenue, a new report claims.
A study commissioned by the licensed trade says the ban would also see turnover drop by £105m and annual profits slump by £86m.
The figures will fuel controversy over the impact of the Scottish Executive’s ban on smoking in enclosed public places, including pubs and restaurants, which is due to be introduced in just over a year.
The Scottish Licensed Trade Association will present its analysis of the costs involved to MSPs next week.
And the Scottish Parliament’s finance committee will also hear evidence from local authorities estimating the cost of implementing the ban at £6m a year. The assessment by the Convention of Scottish Local Authorities includes £403,000 for implementing the ban in Edinburgh and £75,000 for West Lothian.
In a written submission to the committee, the SLTA argues that pubs not serving food should be exempt from the ban, in line with proposals south of the Border. It urges a phased approach and claims the economic effects of an outright ban have not yet been fully considered.
Official research released by the Executive at the time the Bill was published claimed the effect of the smoking ban on the hospitality trade could be anything from a loss of £104m a year to a gain of £137m a year.
But the SLTA says the study was "incomplete, irrelevant and rushed". And it claims: "Independent research suggests the financial impact will be far greater than stated."
A study commissioned from the Centre for Economics and Business Research concludes that once a ban is introduced the annual turnover in the licensed trade would decline by £105m, annual profits in licensed premises may decline by £86m and employment could be expected to decline by 2300 jobs initially. About 142 average-sized licensed premises may close as a result of decreased trade and the Exchequer could lose out on a total of £59m in annual tax revenues from Scotland.
Alistair Don, president of the Scottish Licensed Trade Association, said the hospitality industry in Scotland employed around 200,000 people. "The Executive doesn’t appear to want to look at the financial implications. There are jobs at risk, not just in the licensed trade but all the ancillary trades."
He added that the eventual job loss total could be ten times the 2300 expected to go when the ban is first introduced. "Ireland has already lost 7500 jobs since their ban was introduced in March 2004 - and that’s government figures."
The Cosla submission to the committee highlights the costs councils will incur in recruiting new wardens, training staff and councillors, publicising the ban and even extra street cleaning because they expect there to be more discarded cigarette ends.
Cosla calculates the start-up costs for introducing the ban in April 2006 and the first year of implementing it will be £6m.
The Executive has said it will make some cash available to local authorities to help ease the financial burden of implementing the ban. But Cosla said: "There are concerns the Executive will fund enforcement for an initial period and funding will then decrease, with revenue consequences for councils."
An Executive spokesman said no decision had yet been made on what funding would be available. He added: "We will be discussing the financial implications with Cosla shortly."

http://news.scotsman.com/index.cfm?id=138622005


There is powerful evidence that an outright ban on public smoking would save lives, doctors' leaders from across the world say.

A report by the British Medical Association's Tobacco Control Resource Centre describes the success of such anti-smoking laws in other countries.

Ireland has seen drops in cigarette sales and the US state California has reported fewer lung cancers.

But pro-smoking groups called evidence for passive smoking deaths a "myth".

Partial measures don't work Dr Vivienne Nathanson from the BMA

In the recent White Paper on Public Health for England, Health Secretary John Reid announced plans for a partial ban smoking in enclosed public places.

For example, while pubs that serve food would have to enforce a ban, other pubs would not.

The BMA says this is insufficient and doomed to fail.

Dr Vivienne Nathanson, the BMA's head of science and ethics, said: "I hope John Reid listens to these doctors' testimonies.

"These doctors are telling us that partial measures don't work.

"It's time for the UK Government to play fair, and protect everyone from exposure to second-hand smoke at work."

But a Department of Health spokeswoman said: "As John Reid has made clear, we need to strike a balance between the rights of those who want to be protected against the harmful effects of other people's smoke and the rights of those who choose to smoke.

"That is why we are taking action to deliver a big increase in the number of smoke-free pubs and restaurants in places where food is served while ensuring that people who still want to smoke in the pub can still do so."

Smoke-free law

According to the Californian Medical Association, lung cancer rates have fallen six times faster in California than in US states without smoke-free laws since 1998.

In Ireland, cigarette sales fell by almost 16% in the first six months of the ban, according to the Irish Medical Organisation.

Others oppose an outright ban.

Simon Clark, director of the smokers' lobby group FOREST, said: "The idea that people are dying in their hundreds or even thousands from passive smoking is a myth based on estimates, calculations and statistics which are in turn based on extremely dubious research.

"The evidence falls far short of justifying a total ban on smoking in every public place.

"Most people want no-smoking offices to be the norm, but in pubs, clubs and bars there is clear support for a choice of smoking and no-smoking areas and better ventilation."

BMA chairman, Mr James Johnson, said: "Powerful vested interests peddle myths that smoke-free legislation is unnecessary.

"They say that it is unworkable, unpopular, and will lead to economic ruin.

"Such predictions are little more than scaremongering. The evidence shows that smoke-free laws save lives."

He said if all UK workplaces were smoke-free, the tobacco multinationals would lose an estimated £310 million in sales every year.

Ian Willmore, from ASH, said: "A comprehensive end to smoking in work places and enclosed public places is essential to protect the health of non-smokers and encourage smokers to quit."

The evidence falls far short of justifying a total ban on smoking in every public place Simon Clark, director of the smokers' lobby group FOREST

http://news.bbc.co.uk/1/hi/health/4244233.stm


New Legislation Being Drafted to Ban No Smoking Policy -MI

Lori Dougovito

New legislation is being drafted by State Senator Virg Bernero, legislation that would make it illegal for an employer to fire employees for engaging in legal activities, like smoking, outside of the workplace.

It stems from Okemos based Weyco Inc. banning smoking. In January Weyco began giving mandatory smoking tests, if an employee tests positive then they're fired. Four female employees say they were fired, Weyco says they signed a waiver admitting they were smokers in turn dismissing themselves from the company. Three employees admit signing the waiver, one says she did not.

Bernero hopes to have the legislation introduced in a few weeks.

http://www.wilx.com/news/headlines/1238657.html


Fired For Smoking -MI

Four women who were fired from their jobs because they wouldn't quit smoking - are fighting back tonight.

The women worked at Weyco Incorporated in Okemos, Michigan. In November of 2003, their employer told everyone they had to quit smoking -and submit to nicotine tests, or else risk losing their jobs. The policy went into effect last month and four women were fired.

They say it's not a matter of health care, or insurance costs like Weyco says.They say it's infringing on their rights. So - they've enlisted the help of a state senator, (State Senator Virg Bernero/(D) MICHIGAN) who wants to make a law to prevent this from happening again. Weyco says, on its web site, the company would not fire anyone because of their weight. Either way, Bernero says he plans to introduce his legislation in the next few weeks.

http://abclocal.go.com/wpvi/news/2705-smokingfired.html


Public-Smoking Ban Again To Be Considered For Indianapolis

Ordinance Covers 'Public Places,' Enclosed Workplaces

February 4, 2005

INDIANAPOLIS -- City-county council members will again consider a ban on smoking in public places -- including restaurants and bars -- and enclosed workplaces in Marion County.

Council President Steve Talley said the proposal will be introduced on Monday. A similar proposal was killed in a council committee in November 2003.

The new proposal, which was shown to the news media Friday, defines a pub


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Smoking in the news II

Public-Smoking Ban Again To Be Considered For Indianapolis

Ordinance Covers 'Public Places,' Enclosed Workplaces

February 4, 2005

INDIANAPOLIS -- City-county council members will again consider a ban on smoking in public places -- including restaurants and bars -- and enclosed workplaces in Marion County.

Council President Steve Talley said the proposal will be introduced on Monday. A similar proposal was killed in a council committee in November 2003.

The new proposal, which was shown to the news media Friday, defines a public place as an "enclosed area, whether owned publicly or privately, to which the public is invited or in which the public is permitted."

"This is an important health issue that must be addressed," said Angela Mansfield, one of the council members behind the proposal. "This ordinance is about protecting the workforce and the public from the dangers of secondhand smoke."

The proposal cited elevators, health care facilities, sports arenas, shopping malls, public transportation facilities and enclosed common areas of multiple-unit residential facilities as examples of places where smoking would be banned.

The ban would extend outdoors at places where people use or wait for a service, including automated teller machines, telephones, ticket lines, bus stops, and cab stands.

Private residences and hotel rooms designated as smoking rooms are among the places that would be exempted.

The plan would go to a committee in a few weeks, and public hearings will be held, RTV6's Julie Pursley said

Some city-county council members are proposing a smoking ban for public places in Marion County. Would you be in favor of such a ban? Choice Votes Percentage of 1214 Votes Yes 708 58%         No 506 42%

http://www.theindychannel.com/health/4166951/detail.html


Governor: All State Buildings To Be Smoke-Free-WI

30 Percent Of Government Buildings Still Allow Smoking February 7, 2005

MADISON, Wis. -- Gov. Jim Doyle on Monday ordered all state office buildings to be totally smoke-free.

The executive order gives state buildings 30 days to eliminate all designated smoking areas.

Doyle says he's committed to ensuring the health and well-being of state employees and all visitors to state buildings.

Doyle also called on the Legislature to ban smoking in all local government buildings. About 30 percent of municipalities in the state still allow smoking in public buildings.

Doyle's order reiterated that smoking and second-hand smoke kills 7,300 Wisconsin residents every year.

http://www.channel3000.com/news/4172807/detail.html


Law would ban smoking in restaurants -NC

By: News 14 Carolina Staff Updated: 2/4/2005 6:38 PM

Another proposed law concerning cigarettes will likely create a fierce debate this year.
A Davidson County lawmaker wants to ban smoking inside all restaurants across the state. There's little gray area on this issue most strongly agree or oppose a ban.

Several major cities and even states have already banned smoking inside places like restaurants.

Jay Casabonne supports a smoking ban.

“It didn't affect the commerce there and I don't think it'll offset the commerce here,” he said. “I think it'll just make a better environment when you get home at night your clothes aren't wreaking. It'll encourage more people to come out and there'll be plenty of access outside.”

A North Carolina lawmaker agrees and he's proposed a complete ban on smoking in restaurants.

Katherine Depraten opposes the ban and said, “I think it'll cut down on people going out as much and they'll just stay at home I mean it's a person's right.”

The proposed law would go into effect next January if you're caught lighting up it will burn a $50 hole in your wallet.

While smokers will be upset with the proposed law and many restaurants have mixed feelings, health advocates definitely know how they feel.

Sarah Cox has for years tried to convince lawmakers non-smoking sections aren't enough.

“Some research has indicated you would need hurricane force winds to eliminate exposure to all the toxins that come from cigarette smoke,” Sarah Cox of the American Lung Association explained.

Mecklenburg County has asked the state legislature to approve a ban not only in restaurants but bars too.

Depraten added, “I think it'll definitely cut down on business in Charlotte in certain places.”

Either way the legislature will likely take it's time to debate the issue and it's expected to be a fierce one to say the least.

A Durham lawmaker has also proposed a $20 increase on the cigarette tax. Currently the state only taxes five cents a pack. That's the second lowest in the nation.

http://rdu.news14.com/content/headlines/?ArID=63357&SecID=2


Bar smoking fines -NY

By: Nick Cowdrey, News 10 Now Web Staff 2/4/2005 8:06 PM

Fran Buske has owned Fran's Riverfront Inn for 10 years. She says when the Clean Indoor Air Act went into effect she suffered.

"It cut my business almost right in half of what it was," Buske said.
In Oswego County, the health department decided it would only be fair to give warnings to first-time offenders.

"We took those first offenses as an opportunity to educate them on the law and gave them practical advice on how to comply with the law," said Kathleen Smith, Oswego Co. Health Commissioner.
But 18 months later the county says first time offenders will now be fined.

"We we're seeing repeat offenders and felt these folks knew about the law and had ample opportunity to learn about the law and what they needed to do to comply with the law," Smith said.
In 2003, the health department in Oswego County got 72 complaints of businesses breaking the smoking law. 2004 saw that number increase to 93 complaints. Since the law went into effect 37 warnings have been given and 24 tickets were issued totaling $11,000 in fines.
Fran's Riverfront Tavern was one of the last places to get a warning.

"I do have all my signs up, my bartenders try to push the issue, but when you are really busy and someone sneaks over and has a cigarette there isn't much I can do about it," Buske said.

In Oswego County 18 businesses have applied for smoking waivers. Nine have been denied, six granted, two granted pending the construction of a smoking room and one under review. But the owner of Fran's says she doesn't have room to build a smoking room, nor does she think it would help.

"I have a deck but they tell me I can't build out there because the windows are still attached or something and I don't have a lot of property besides to stretch out the building more," she said.
Buske says she will do everything to comply with the law because she can't afford to pay the fine.
The Health Department says first time offenders of the Clean Indoor Act will be fined $1,000 but that fine can be reduced to $500 with a stipulation agreement. Every offense after that will be $1,000.

Bar smoking fines
Since the Clean Indoor Air Act went into affect in 2003, many bar owners have complained about how it's hurt their business. In Oswego County the health department wanted to give them every opportunity to comply with the law so it's just given first time offenders warnings. But now the health department says no more. News 10 Now's Nick Cowdrey explains.

http://news10now.com/content/all_news/oswego_county/?ArID=36231&SecID=155


Bundaberg council refuses to police smoking laws -AU

Bundaberg City Council has told Queensland Health it is not enforcing new smoking regulations that came into force at the start of the year.

It is now illegal to smoke close to playgrounds, entrances to buildings, on patrolled beaches and in sections of some pubs.

Mayor Kay McDuff says the cost of enforcing the new smoking bans would be significant.

She says the State Government is cost-shifting.

"Well, we believe that we have not got the resources and if you can understand, most of the people who are possibly smoking would be smoking at late hours of the night," she said.

"We would have to have officers available all hours of the day, almost 24-hours-a-day, seven-days-a-week."

http://www.abc.net.au/news/newsitems/200502/s1297556.htm


Smoking ban expansion would include beaches -HI

Ron Mizutani

 No ifs, ands or butts about it -- cigarette butts on our beaches can be a pain in the you know what. But it's not just our beaches. The smoking issue affects many public areas. Lawmakers are addressing the issue with a new bill that would prohibit smoking at public beaches and parks and in all areas of airports and hospitals.

The bill also would prohibit disposing cigarette butts in these areas.

"To me I think it's really a pain in the butt," said Katsumi Scull a nonsmoker.

Not just a pain, it's also a potential health issue.

"It's kind of disgusting and then I see the kids playing right next to the cigarette butts," said Scull.

"You go on the beach you see the butts in the water, you're walking you see it there, the kids playing, I just don't think it's healthy in anyway," said Nina Stone another non-smoker who supports tough smoking laws.

"I honestly don't think when I'm sitting in an open area I should inhale anybody's smoke," said Stone.

Kenneth Scull is a smoker, and surprisingly he, too, supports the effort.

"I am a smoker but I think on the beach it should be no smoking," he said. "I used to clean the beach in front of the Royal Hawaiian, and the cigarette butts -- that's the problem."

"Smoking on the beaches, at least malama the aina, yeah. Just pick up your butts. Don't throw them all over the place," said Jesse Caetano, who also smokes.

But it doesn't happen. John Cotton can tell you that. He gets up and close with the sand six days a week and certainly sees his share of cigarette butts.

But he said, "It's not only a wasted effort it's a waste of money. I think the state could put their money to filling potholes. I ride a motorcycle; potholes can kill me. A cigarette butt on the beach isn't going to kill me."

The tone at the airport was similar, where under the proposal; smoking would be prohibited from curbside to cabin.

"I don't think the government should regulate our life like that; I really don't," said a smoker from Maui.

"I think that's just getting a little overboard because you are outside, you should be able to smoke you know what I mean," said smoker Rebecca Barrera.

"For us smokers it's kind of hard because it's giving up so much spaces for us -- open areas for us to smoke," said James Somera.

Under the proposal, anyone caught smoking in a public area or disposing a butt in these areas could face a fine of up to $250.

http://khon.com/khon/displayStory.cfm?storyID=3465


Artificial Light May Trigger Breast Cancer

AP Monday, February 07, 2005

HARTFORD, Conn. — College researchers are studying whether electric light changes hormone levels in women and makes breast cancer more prevalent in developed countries.

Richard Stevens, a cancer epidemiologist at the University of Connecticut, said there is no scientific consensus on why there is a higher rate of breast cancer in the developed world.

He said literature on breast cancer includes many discredited theories on how the environment and lifestyles may contribute to the onset of the disease.

"We knew more about the cause of breast cancer 20 years ago than we do today," Stevens said. "What we do know is that it must have something to do with industrialized society."

Researchers are looking for new explanations, and Stevens and other researchers are focusing on electric light.

Their theory is that prolonged periods of exposure to artificial light disrupt the body's circadian rhythms — the inner biological clocks honed over thousands of years of evolution to regulate behaviors such as sleep and wakefulness.

They are looking into whether that disruption affects levels of hormones such as melatonin and the workings of cellular machinery, and whether it triggers breast cancer.

"Mankind has only been exposed to these light sources for 150 years or so," Stevens said.

So far, the theory is based largely on suggestive, but inconclusive, observational studies. For instance, night-shift workers such as nurses tend to be more prone to develop breast cancer than day-shift workers, and blind women are less likely to have breast cancer than women with sight.

In a recent study, Stevens and scientists at Yale University School of Medicine identified a possible genetic mechanism that could help explain how artificial light could trigger breast cancer.

Pre-menopausal women with a variation of a "clock gene," which helps govern the regulation of the body's response to night and day, tend to have a higher risk of cancer.

"I'm not saying this is a cause, but that the evidence shows it is worth investigating," Stevens said.

Scientists believe that environmental and lifestyle factors, not inherited risks, are the cause of nine out of 10 breast cancer cases.

While smoking is linked to lung cancer and the human papillomavirus to cervical cancer, breast cancer researchers are not sure what lifestyle or environmental factors women should worry about.

Antiperspirants and wire bras are included in some widely circulated but largely rejected theories. And in 2003, the National Cancer Institute convened 100 breast cancer experts who concluded there is no evidence that miscarriages or abortions increase the risk of breast cancer.

Yet epidemiologists such as Stevens say other risk factors must exist and they urge that more studies be conducted.

"We absolutely need studies," said Deborah Winn, chief of the clinical and genetic epidemiology research branch of the National Cancer Institute. "If we have those answers, we might have the potential to improve prevention."

 http://www.sfgate.com/cgi-bin/article/article?f=/n/a/2005/02/07/national/a102631S10.DTL&type=health


Nevada lawmakers face big issues as 2005 session opens

By BRENDAN RILEY ASSOCIATED PRESS  February 07, 2005 at 17:07:07 PST

CARSON CITY, Nev. (AP) - Nevada lawmakers convened their 2005 session Monday, with leaders quickly outlining possible solutions to major issues such as spiraling property tax bills and struggling public schools.

Legislators also promised to work together and prevent a repeat of 2003 when two special sessions were needed to pass a record $833 million tax package that was held up during the regular session by Assembly Republicans who wanted a lower tax hit.

Assembly Speaker Richard Perkins, D-Henderson, opened the Assembly by calling for "a session of action" to deal with numerous issues - plus a nearly $6 billion state spending plan proposed by Gov. Kenny Guinn.

Senate Majority Leader Bill Raggio, R-Reno, promised action on legislation in the Senate, and both leaders urged cooperation rather than what Perkins termed political grandstanding.

Senate Minority Leader Dina Titus, D-Las Vegas, suggested an immediate cap on property tax rates to help Nevadans facing big tax hikes in the coming fiscal year. Perkins termed that a "fallback" solution and advanced his own suggestion of a $50,000 exemption in homeowners' taxable property values.

Titus said she wouldn't attempt a rebuttal on the Senate floor of Perkins' "gubernatorial speech." Both want to run for governor in 2006.

Assembly Majority Leader Barbara Buckley, D-Las Vegas, called for health care improvements to ease overcrowding in hospital emergency rooms and ensure that Nevadans can get low-priced prescription drugs, from Canada if necessary.

Legislators also will have to deal with voter petitions that would restrict tobacco smoking in public places and ease Nevada's marijuana possession laws - although Perkins called the marijuana proposal "the wrong thing to do, now or ever."

Cooperation will be essential if the legislators hope to accomplish their goals by June 6, the last day of a session that by law can run only 120 days.

There have been extensive preparations for the 2005 session, with some staffers working overtime since last fall to get the first of several hundred expected bills ready for prompt introduction. Several committees were scheduled to start debating big issues during the first week of the session.

The 42 Assembly members and 21 state senators already have Guinn's record budget plan for the next two fiscal years, and in the two weeks preceding the session's start the lawmakers had a head start by holding committee hearings to go over the main elements of the record spending plan.

Early bills include a $10 million appropriation to cover part of the session costs through June 6, along with plans to prohibit executions of minors convicted of capital crimes and fund full-day kindergartens.

Other start-of-session measures would allow video or "photo cop" devices to help catch red-light runners; and help prosecutors trying to enforce Nevada's open-meeting laws.

On Tuesday, a joint Assembly-Senate panel will start reviewing Nevada's property tax system - a review that many hope will end with taxpayer relief and avert the prospect of a citizens' initiative like California's Proposition 13.

http://www.lasvegassun.com/sunbin/stories/nevada/2005/feb/07/020710879.html


VFW TO PAY FOR VIOLATING STATE SMOKING LAWS -ME

A Veterans of Foreign Wars post in Old Orchard Beach has settled a case with the state over smoking.

AUGUSTA, Maine (AP) -- The Attorney General's Office announced Monday that the post admitted to 100 counts of allowing public smoking and agreed to pay fines and surcharges totaling 26-hundred dollars.
Tobacco control coordinator John Archard said the state had gotten complaints from public businesses that the V-F-W post was stealing customers away by allowing in the public and letting them smoke.
Smoking is allowed at private clubs, but is against the law at bars, pool halls and other businesses that are open to he public.

http://www.wlbz2.com/newscenter/article.asp?id=19972


Sharing Incentives -IA

Monday, February 07, 2005

By Dave Franzman KCRG-TV9 News

(Cedar Rapids – KCRG) -- Iowa Governor Tom Vilsack's budget plan includes more incentives to encourage smaller school districts to share.

Lawmakers began reviewing the governor's five billion dollar spending plan on Monday. Some of the big items include a proposed 80 cent increase in the cigarette tax to help cover Medicaid and other health programs.

But six million dollars would go to encourage more "sharing" between Iowa's smaller school districts. As one example, the Mt. Vernon and Lisbon school districts already share teachers, classes and sports teams. But the governor's proposal might open up even more shared services for possible incentives.

The proposal might also allow districts to claim an incentive for sharing behind the scenes staff...like bookkeepers. Mt. Vernon and Lisbon also do some cooperative things with bus maintenance and repairs. Under the latest plan, even that sort of sharing might quality for a new incentive.

Iowa currently has 367 school districts around the state...down from 390 ten years ago. Officials say sharing programs, encouraged by incentives, is the best way to get small districts to start the process that may eventually lead to consolidation.

Risk Factors Differ for Childhood Asthma and Wheeze, and Bronchial Hyperresponsiveness

Childhood asthma and current wheeze may be associated with different risk factors than bronchial hyperresponsivenes (BHR), according to a new study. Researchers at the David Hide Asthma & Allergy Research Centre, St. Mary's Hospital, Newport, Isle of Wight, UK, compared multiple environmental and genetic factors affecting children at 1, 2, 4, and 10 years of age and whether the children had asthma, wheeze, or BHR when they were 10 years old. Data collected from 1,373 of the original 1,456 children at age 10 showed that 18.9% had current wheeze and 13.0% had asthma, and BHR was found in 169 of the 784 (21,6%) tested. Analysis indicated that both wheeze and asthma share many common significant risk factors, including a genetic link to asthma, a predisposition for being atopic, early exposure to tobacco smoke, and recurrent chest infections in infancy. The only differing risk factor of significance was that males were more likely to have asthma. In sharp contrast, having a higher social class at birth and atopic sensitization at 4 years were found to be the significant risk factors for BHR. These findings suggest that BHR is influenced by mediators that differ from those of asthma and wheezing. The study appears in the February issue of CHEST, the peer-reviewed journal of the American College of Chest Physicians.

Cigarette Smoking and Reduced Lung Function Increases Systemic Inflammation

Low-grade systemic inflammation is associated with health complications, such as cachexia (loss of weight, muscle, and appetite associated with a chronic disease) and cardiovascular mortality and morbidity, and a new study shows that active cigarette smoking and poor lung fuction heighten systemic inflammation, both separately and when combined. Researchers at the University of British Columbia, Vancouver, BC, Canada, administered pulmonary function testing to 7,685 adults ages 40 and over. By using C-reactive protein (CRP) levels as an indication of total system burden of inflammation, researchers were able to determine each individual's amount of systemic inflammation. Results showed that smoking was associated with 1.6 increased odds of elevated CRP levels, a reduction in lung function was associated with 2.3 odds of elevated CRP levels, and for individuals with both risk factors, the CRP odds of elevation of levels increased to 3.3, suggesting an additive relationship. These findings emphasize the importance of smoking cessation in patients with reduced lung function but also indicate that smoking cessation may not be able to fully reduce inflammatory markers to normal levels if lung function is already reduced. The study appears in the February issue of CHEST, the peer-reviewed journal of the American College of Chest Physicians.

Benefits of Inhaled Colistin for Children with Cystic Fibrosis Outweigh Risks

Colistin sulfomethate is being more widely used to treat Pseudomonas aeruginosa infection in patients with cystic fibrosis, but its use is controversial, as some patients experience chest tightness and bronchospasm. Researchers at the Hospital for Sick Children, University of Toronto, Toronto, ON, Canada, administered colistin and placebo (during two separate laboratory visits) to 24 children between the ages of 5 and 18 to see if the subjects would experience negative side effects. Patients experienced a reduction in lung function after inhalation of colistin and placebo, but the drop was greatest for high risk patients with a family history of asthma and/or atopy, bronchospasm due to wheezing, or airway lability who only inhaled colistin. The reduction in lung function for patients without these characteristics was not significant. While researchers were unable to confirm whether the bronchoconstriction was caused by placebo or colistin, those who experienced bonchoconstriction were given salbutamol, which usually reversed their symptoms. Results indicate that bronchoconstriction following inhalation of an aerosol is common but is controllable, and should not deter use of inhaled colistin. The study appears in the February issue of CHEST, the peer-reviewed journal of the American College of Chest Physicians.

http://www.newswise.com/articles/view/509602/


Vector CEO Says Views Changed on Tobacco Effects

By Peter Kaplan Mon Feb 7, 2005

WASHINGTON (Reuters) - The chief executive of tobacco holding company Vector Group Ltd. backed away from past admissions that smoking is a proven cause of disease during testimony on Monday in the government's racketeering trial against the industry.

Bennett LeBow, who controls cigarette maker Liggett Group through his stake in Vector, told a federal judge that his views had changed since 1997, when he broke ranks with the rest of the tobacco industry and conceded that smoking was a proven cause of lung cancer and other ills.

"I've changed my opinion pretty much in the last four or five years," LeBow said in the first day of testimony since an appeals court on Friday barred the government from seeking $280 billion in past industry profits in the case.

LeBow said he still believes smoking is addictive and harmful, and that studies have linked it to diseases like lung cancer. But he said he now has doubts about whether the causal connection has been proven under strict scientific standards.

"A lot of these scientific (studies), I don't think they had enough proof to prove anything," LeBow said.

LeBow bought a controlling stake in Liggett in 1986. During 1996 and 1997 the company settled with many state attorneys general. As part of the deals, Liggett conceded nicotine makes cigarettes addictive and smoking causes serious diseases.

The other major tobacco companies settled with the states in 1998, agreeing to pay billions of dollars and overhaul their marketing practices.

Targeted in the government's lawsuit, filed in 1999, are Altria Group Inc. and its Philip Morris USA unit; Loews Corp.'s Lorillard Tobacco unit, which has a tracking stock, Carolina Group ; Vector's Liggett; Reynolds American Inc.'s R.J. Reynolds Tobacco unit and British American Tobacco Plc unit British American Tobacco Investments Ltd.

The tobacco companies deny they illegally conspired to promote smoking and say the government has no grounds to pursue them after the 1998 settlement.

District Judge Gladys Kessler said nothing during the day's proceedings about the ruling by the D.C. Circuit Court of Appeals on Friday that reversed her on whether the government can seek disgorgement of past profits.

Justice Department lawyers are still studying the ruling to decide whether to appeal, a department spokesman said.

At issue in Monday's cross examination was LeBow's allegation in written testimony that the industry had withheld information about the health effects of smoking.

Those charges could bolster the government's case that cigarette makers tried to confuse the public for decades by falsely denying there was any scientific proof smoking caused disease.

But LeBow did little to help the government's case on Monday. He could not recall specific documents that prompted him to settle with the states and said he had no direct knowledge about what tobacco companies had done before 1986

http://www.reuters.com/newsArticle.jhtml?type=healthNews&storyID=7562253


Tooth-brushing 'cuts heart risk'

Brushing your teeth could reduce the risk of having a stroke or heart attack, a study has suggested.

A team from Columbia University found people with gum disease were more likely to suffer from atherosclerosis - a narrowing of blood vessels.

The condition can precede a stroke or heart attack.

The British Dental Association said the research, published in the journal Circulation underlined the importance of looking after dental health.

 The Columbia researchers looked at levels of bacteria in the mouths of 657 people who had no history of stroke or myocardial infarction (heart attack).

The researchers also measured the thickness of the subjects' carotid artery, which carries blood from the heart to the brain, and which is measured to identify atherosclerosis.

It was found that those people who had a higher level of the specific bacteria that causes gum (periodontal) disease also had an increased carotid artery thickness, even after taking other cardiovascular risk factors into account.

The team also found that the link with atherosclerosis only existed for the bacteria which was know to cause gum disease, and not other bacteria found in the mouth.

'Stronger link'

The researchers said the explanation may be that this bacteria migrates throughout the body via the bloodstream and stimulates the immune system, causing inflammation that results in the clogging of arteries.

The link between poor dental health and poor vascular health has suggested before.

But Dr Moïse Desvarieux, of Columbia University Medical Center's Mailman School of Public Health, who led the study, said: "This is the most direct evidence yet that gum disease may lead to stroke or cardiovascular disease.

"And because gum infections are preventable and treatable, taking care of your oral health could very well have a significant impact on your cardiovascular health."

He added: "We will continue to study these participants to determine if atherosclerosis continues over time and is definitely associated with periodontal disease."

Judy O'Sullivan, medical spokesperson for the British Heart Foundation said: "Inflammation may prove to be a key factor in the development of coronary heart disease.

"However, it may be too simplistic to say that periodontal infection alone is the issue of concern rather than inflammation in general, as inflammation is often associated with other risk factors for coronary heart disease, such as smoking, poor diet and low income."

She added: "We welcome studies which add evidence to this growing area of research and we would encourage people to follow a healthy lifestyle to reduce their risk of heart disease.

"This includes maintaining healthy teeth and gums as well as not smoking, taking regular physical activity and enjoying a balanced diet."

A spokesperson for the British Dental Association added: "A number of studies in the past have suggested a link between gum disease and heart disease and this research would seem to strengthen that link.

"It also underlines the importance of brushing twice a day with a fluoride toothpaste to reduce the risk of gum disease and improve overall dental health."

Taking care of your oral health could very well have a significant impact on your cardiovascular health Dr Moïse Desvarieux, Columbia University

http://news.bbc.co.uk/1/hi/health/4243893.stm

different version http://www.eurekalert.org/pub_releases/2005-02/niod-sfd020705.php


No, Nicotine Probably Doesn't Ward Off Alzheimer's

Mon Feb 7, 2005

NEW YORK (Reuters Health) - The final excuse for smoking -- that it might reduce the risk of developing Alzheimer's disease -- has just been stubbed out, findings from an animal study suggest.

Past animal and human studies have indicated that nicotine exposure inhibits the formation of amyloid plaque, a key feature of Alzheimer's disease. However, the new study shows that chronic nicotine use appears to worsen the effects of a brain protein called tau, which is responsible for the fibrous tangles that are the other hallmark of the disease.

So, at best, the effects of nicotine are probably canceled out, according to the researchers.

Dr. Frank M. LaFerla, from the University of California at Irvine, and colleagues administered nicotine to a genetically engineered strain of mice that develops Alzheimer's disease.

Nicotine treatment produced an increase in nicotine receptors in the animals' brains that correlated with a dramatic rise in the aggregation and activity of the tau protein. This indicates that the disease-causing effects of tau were worsened, the team reports in the Proceedings of the National Academy of Sciences.

Moreover, in these experiments, chronic nicotine administration had no effect on levels of soluble amyloid, the researchers point out.

The results emphasize the importance of assessing nicotine's affects on all aspects of the disease, they write. "Our findings suggest that the use of nicotine as a potential therapy for Alzheimer's disease should be reevaluated."

SOURCE: Proceedings of the National Academy of Sciences, early edition February 7, 2005.

http://www.reuters.com/newsArticle.jhtml?type=healthNews&storyID=7561247


Newborn's Weight May Affect Adult Cancer Risk

Heavier Babies Have Higher Risk of Some Cancers as Adults

By Miranda Hitti WebMD Medical News

Feb. 7, 2005 - An infant's birth weight may predict cancer risk later in life, a new study shows.

A study in the Feb. 7 International Cancer Journal found that heavier birth weight babies were more likely to have cancer of the stomach, pancreas and colon, and more likely to have blood cell cancers, compared to infants born at lighter weights.

Heavier newborn girls have a higher risk of developing breast cancer before age 50, says the study. The findings came from British and Swedish researchers including Valerie McCormack of the London School of Hygiene & Tropical Medicine.

The risk of developing cancer was not the same for all types of cancers. Infants born at a higher birth weight had a lower risk of developing cancer of the lining of the uterus (endometrial) later in life.

Other cancers -- including ovarian, cervical, and prostate cancer -- weren't affected by birth weight.

Data came from more than 11,000 babies born at Sweden's Uppsala Academic Hospital from 1915 to 1929. The hospital kept detailed records on each baby, including birth weight, maternal age, birth order, length, and head circumference.

When the babies became 37-year-old adults, British and Swedish researchers began monitoring their health records for cancer, following them for about 40 years. During that time, 2,685 cancers were registered for the group.

The researchers calculated the difference each extra pound (450 grams) at birth made for adult- cancer risk. They factored in differences due to smoking and variations in the number of weeks of pregnancy at the birth of each infant.

Every extra pound at birth brought a 13% increase in digestive cancers, a 17% increase in blood cell cancers, and a 39% increase for breast cancer in women before age 50.

For men, cancer risk rose 8% for every 450-gram increase in birth weight. For women, increased cancer risk rose until age 50, mainly due to breast cancer.

However, heavier newborn girls had an advantage with cancer of the uterine lining (endometrial cancer). They were 24% less likely to have endometrial cancer, regardless of age. "Rates of this cancer in women who weighed at least 4,000 grams (8.32 pounds) were almost half that of women who weighed under 3,000 grams (6.2 pounds)," write the researchers.

McCormack and colleagues aren't sure how to explain the findings. Perhaps larger birth size means more cells at risk for cancer, as some studies have suggested.

Still, smaller babies don't have all the advantages. In addition to the increased endometrial cancer risk, the researchers say that other studies have linked smaller birth size to increased risk of heart disease and diabetes later in life.

There's no way to change your birth weight. But being active, following a nutritious diet, and getting proper medical care can help your health, whether you were a big baby or a petite newborn.

SOURCES: McCormack, V., International Cancer Journal, Feb. 7, 2005; vol 115. News release, John Wiley & Sons, Inc.

http://my.webmd.com/content/article/100/105713.htm


Stealth Smoked Detectors

 SLIPPERY ROCK, Pa. (AP) - The Slippery Rock School District is buying four Stealth Smoke Detectors, which will let them secretly track students or faculty who smoke on school premises.
 
The 325-dollar units are being funded by a grant under a Butler County health program.  The detectors are made by Voice Products, an Ohio company. The company makes the ultra-sensitive smoke detectors that look like regular smoke detectors -- but they also make four different
"covert" packages for them, so unsuspecting smokers won't know where they're at.

 The detectors don't ring or buzz -- instead, they send a pager message to a school administrator, that also tells that person where the smoking is happening.

 The detectors are easily moved and will likely be placed in hallways, bathrooms and other popular smoking areas.

http://www.wkbn.com/Global/story.asp?S=2903396&nav=81AlW4bx



Posted at 4:04 pm by looped_ca
Make a comment

Saturday, February 05, 2005
This is The News as I saw it

Safer cigarettes one step closer

The federal government is one step closer to making cigarettes more fire-safe. On March 31, the government passed Bill C-260, which designates cigarettes as a dangerous product under the Hazardous Products Act. This designation is required before legislation forcing cigarette manufacturers to produce safer cigarettes can be passed.
With the bill passed, Health Canada is proposing regulations under the Tobacco Act that would require tobacco manufacturers to meet an ignition propensity standard for all cigarettes manufactured in Canada or imported for sale in Canada.
Ignition propensity is a measure of the ability of an ignition source, such as a cigarette, to ignite an object, such as a couch. Ignition propensity can be decreased by reducing the burn temperature of the cigarette or reducing the amount of fuel available to be burnt so that the cigarette extinguishes itself if left unused.
"Reduced ignition propensity does not mean fire-safe," said a statement released by Health Canada. "It is impossible to make a burning object completely fire-safe. However, Health Canada feels these regulations will save lives by significantly reducing the number of fires started by cigarettes."
Smokers' materials are the leading cause of fire-related fatalities across the country. The Canadian Association of Fire Chiefs reported for the period 1995-1999 that at least 14,030 fires in Canada were started by smokers' materials, which includes cigarettes, cigars and pipes. These fires killed 356 people, injured 1,615 and cost more than $200 million in property damage. The victims of these fires are often among society's most vulnerable, such as children, the elderly and the poor.
The standard proposed by Health Canada is the same used by the State of New York. On December 31, 2003, New York became the first jurisdiction in the world to enact legislation mandating that the ignition propensity of cigarettes be reduced. By June 28, 2004 all cigarettes sold in New York had to have a standard of 25 per cent full length burns when tested on 10 layers of filter paper using ASTM method E2187-02b Standard Test Method for Measuring the Ignition Strength of Cigarettes.
In this test, a lit cigarette is placed on 10 layers of standard laboratory filter paper. The procedure is repeated 40 times and the per cent failures is calculated. Failure is defined as the cigarette burning its full length.
Under Health Canada's proposals, tobacco manufacturers would have the option to use the manufacturing process or technical design of their choosing to achieve the standard. Options available to manufacturers include:
1. Reducing tobacco density, thereby reducing the amount of available fuel.
2. Reducing paper porosity, which is related to a reduction in the availability of oxygen necessary to fuel the smoldering process.
3. Decreasing the circumference of cigarettes, which reduces the available tobacco, paper and the amount
of contact between the cigarette and the material that could light on fire.
4. Removing or reducing burn additives that enhance the burn rate of cigarette paper.
5. Putting "speed bumps" on cigarettes. Reduced ignition propensity cigarettes currently available in the U.S. and New Zealand use a patented paper, which has concentric bands of ultra-thin paper applied on top of traditional cigarette paper. The manufacturer claims that these bands or rings act as "speed bumps" to slow down the rate at which the cigarette burns as the lit end crosses over them.
If Health Canada's proposed regulations become legislation, Canada would be the first country in the world to have a national cigarette ignition propensity standard. The proposed regulations have entered the first phase of public consultation.
For more information on reduced ignition propensity cigarettes, visit www.gosmokefree.ca.
Excerpts of this article were taken from Health Canada's Web sites at http://www.hc-sc.gc.ca/english/media/releases/2004/2004_19bk1.htm, and http://www.hc-sc.gc.ca/hecs-sesc/tobacco/legislation/rip/04.html.


Lit smokers' materials cause of most fire deaths

According to the OFM's statistical review of fire losses, the primary cause of fire deaths in Ontario is smokers' materials. As the graph on the right shows, between 1998 and 2002, these materials caused 38% of preventable fatal home fires and 38% of fire fatalities. Often, victims of these fires are children and adults living with people who smoke.

Between 1995-1999, the majority of fire deaths in Ontario that involved cigarettes resulted from one of two common scenarios. As described below, often, these scenarios also involved alcohol use.

Scenario #1

Property Type: Residential

Area of Fire Origin: Living area

Ignition Source: Lit smoking articles, matches or lighters

Object First Ignited: Upholstered furniture (13%), other objects (8%)

Time of Occurrence: Night

Victims: Asleep or impaired adults, children living with adults

Scenario #2

Property Type: Residential

Area of Fire Origin: Sleeping area

Ignition Source: Lit smoking articles, matches or lighters

Object First Ignited: Bedding (5%), other objects (5%)

Time of Occurrence: Night

Victims: Asleep or impaired adults, children living with adults

http://www.ofm.gov.on.ca/english/publications/messenger/2004/mayaugust2004.asp


Cigarette fires up 19% in U.S.

 The number of fires in the United States caused by lighted tobacco products – almost always cigarettes increased by a stunning 19 percent in the most recent year studied, according to research by the NFPA (National Fire Protection Association). But laws requiring that cigarettes be designed to stop burning when not actively smoked could sharply reduce this destruction.

 Cigarettes are the leading cause of fatal fires in Canada and the United States. In Ontario, smokers’ materials (including lighted tobacco products but not matches and lighters) led to one out of six fire deaths between 1998 and 2003, more than any other cause of fire. Yet, despite the American trend, the number of fires caused by cigarettes in Ontario is decreasing.

 Contrary to the popular image, NFPA’s study shows that most victims of smoking-material fires in the U.S. did not fall asleep smoking. Many are not even smokers. Rather, these fires typically started when someone abandoned or improperly disposed of smoking materials.

 Most victims were in the room where the fire started, and most had some condition that limited their ability to get out. Often they were asleep, but a significant number ere impaired by drugs or alcohol, or their mobility was reduced by

disability or old age. In the U.S., people older than 64 are more likely to die in smokers’ material fires than younger people, even though they are less likely to smoke.

 The Canadian Association of Fire Chiefs reported for the period 1995 99 that at least 14,030 fires in Canada were started by smokers’ materials. These fires killed 356 people, injured 1,615 and cost more than $200 million in property damage.

 Cigarette fires are preventable. A cigarette must be touching something combustible to produce a fire. Cutting down the burning time of cigarettes will prevent fires.

 Health Canada has proposed legislation that would require tobacco manufacturers to meet an ignition propensity standard for all cigarettes manufactured or imported for sale in Canada. Ignition propensity is a measure of the ability of an ignition source to ignite an object. The proposed legislation follows the federal government’s passing of Bill C-260 on March 31 which designates cigarettes as a dangerous product under the Hazardous Products Act.

 Currently, the state of New York is the only jurisdiction in the world with legislation that mandates the ignition propensity of cigarettes. Starting June 28, cigarettes sold in New York must be self-extinguishing, and all cigarette brands must be tested to make sure they self-extinguish at least 75 percent of the time.

 Excerpts of this article are reprinted from a media release distributed by the NFPA on July 16. For more information, visit the NFPA Web site at www.nfpa.org.

http://www.ofm.gov.on.ca/english/publications/messenger/2004/pdf/septoct2004.pdf

 


Teahouse must butt out: council -BC
A Persian teahouse is being told to comply with Burnaby's smoking by-laws.

Tuesday, Jan 25, 2005

The Hafez Tea House in north Burnaby can no longer offer hookah pipe smoking unless a separate ventilated room is built. The business is being told to obey city regulations despite the owners' assertion that hookah smoking tea and food service is traditionally offered in Persian teahouses.

Owners Abbas and Nasrin Adibi say their business is popular among Persian people because it replicates those found in Iran and other Middle East countries. They predict the business will not survive if they are unable to offer hookah pipe smoking.

Not only must they comply with Burnaby's smoking bylaw but the owners are required adhere to Workers' Compensation Bureau and Tobacco Sales Act regulations. WCB rules protect employees from second-hand smoke while the Tobacco Sales Act deals with the selling, distribution and promotion of tobacco products.

The owners of the teahouse approached Burnaby council earlier this month and asked for a business licence change that would allow smoking. Hookah smoking is an integral part of a Persian teahouse and the harm from hookah smoking is negligible, they said.

A city staff report presented Monday night states otherwise. According to studies done by the American Cancer Society and the Syrian Center of Tobacco Studies, not only does hookah smoking produce second hand smoking but is also harmful to the user.

Coun. Lee Rankin pointed out the Lower Mainland has the largest Persian population in Canada with 30,000 in the region. Being able to support the ethic group with a traditional teahouse would be ideal but smoking regulations must be enforced, he said.

One teahouse in Vancouver allows smoking, that's under review by Vancouver Coastal Health and the City.

http://www.mytelus.com/news/article.do?pageID=community/burnaby&articleID=1826853


Kentucky Fried Chicken restaurants go smoke free -QC

NTR Tuesday, February 01, 2005

As of Tuesday, it's forbidden to smoke in the dining rooms of any of the 94 Kentucky Fried Chicken outlets in Quebec.

The management of the restaurant chain said that they fully support the recent announcement of Quebec Health Minister Philippe Couillard to modify the province's tobacco laws to ban smoking in restaurants by January 2006.

For the past year, 80 percent of the chain's restaurants have been smoke free. They employ 2,500 people across Quebec

http://www.canada.com/montreal/montrealgazette/news/business/story.html?id=a22a23ca-4e6f-4cfc-b5d1-0d994cb14321


Health Canada launches campaign to encourage parents to make their homes smoke-free

    OTTAWA, Feb. 2 /CNW Telbec/ - Health Minister Ujjal Dosanjh today launched a social marketing campaign aimed at getting parents to eliminate second-hand smoke in the home. The campaign consists of television advertisements and a booklet on how parents can make their home smoke-free.
    This campaign is in response to research that showed that almost 50 per cent of smoking parents still smoke in their home and car. The research also indicated that while parents are aware of the dangers of second-hand smoke, there are many misconceptions about how to protect their children. Based on these results, Health Canada determined that a comprehensive campaign aimed at protecting children by eliminating second-hand smoke in the home was required.
    "Many parents are not fully informed about how they can protect their children from second-hand smoke," said Health Minister Ujjal Dosanjh. "The only way to fully protect children is to completely eliminate smoking in the home. Make your home smoke-free - don't let your children be a target."
    Health Canada, working with the Canada Revenue Agency, will also create an insert, planned to be delivered with the March Child Tax Benefit mail-out.  This insert will reach over one million homes and will inform parents about how they can minimize their children's exposure to second-hand smoke. 
    Over one million children are exposed to second-hand smoke every day.  Children regularly exposed to second-hand smoke are at least 50 per cent more
likely to suffer damage to their lungs and breathing problems such as asthma, and have an increased risk of developing emphysema as an adult.
    Every year, more than 45,000 Canadians die from disease or illness caused by using tobacco and at least 1,000 are non-smokers. In 1998, 55 boys and 41 girls under the age of one died as a result of second-hand smoke.
    The primary mission of the Federal Tobacco Control Strategy (FTCS) is to reduce disease and death among Canadians. It recognizes that the key to success is comprehensive, integrated and sustained action, carried out in collaboration with all partners and directed at Canadians of all ages.
    For information on how to make your home smoke-free or resources on how to quit smoking, go to www.GoSmokeFree.ca or call 1 800 O-Canada    (1 800-622-6232).

http://www.newswire.ca/en/releases/archive/February2005/02/c9941.html


Smoking ban not a problem, casino operator says

CBC News Last Updated Feb 4 2005 08:34 AM CST
 REGINA – Fears that a province-wide smoking ban might be bad for business haven't materialized at Casino Regina, officials say.

Attendance at Casino Regina actually went up in the first few days after the Jan. 1 smoking ban went into effect.

Bill Davies, a spokesperson for the Crown corporation that operates casinos in Regina and Moose Jaw, predicts the smoking ban will be good for the gaming industry.

"We certainly look on the whole non-smoking policy by the government as a very positive thing," Davies said.

"We think it's good for the casino, and, on the public side, we think it's good to have a completely smoke-free facility."

However, officials say they will not know the full impact of the new law until they have more time to analyze their attendance numbers.

Davies said when the Moose Jaw casino went smoke-free last year, attendance numbers improved.

Three of the province's Indian-run casinos are allowing smoking. The Federation of Saskatchewan Indian Nations says the casinos are on First Nations property and provincial laws don't apply.

The fourth Indian-run casino, Yorkton's, is smoke-free.

Some hotel and bar operators have complained in recent weeks that they're losing business and having two sets of smoking rules is unfair.

http://sask.cbc.ca/regional/servlet/View?filename=casinos-smoking050204


Notice to the Media - Update - Health Canada

    OTTAWA, Feb. 4 /CNW Telbec/ - Health Minister Ujjal Dosanjh will be the keynote speaker at The Canadian Mental Health Association BC Divison's "Bottom Line Conference: Depression, Anxiety Disorders and Addictions in the Workplace".
    Media are invited to attend the Minister's address followed by a Q&A session for conference participants.
    Following this lunchtime event, Chief Public Health Officer, Dr. David Butler-Jones, will join Minister Dosanjh and will be available to the media.

             Date         ----    Friday, February 4, 2005

            Time         ----   Keynote Address & Participant Q&A Session     12 :30 p.m.

            Location    ------  Vancouver Convention & Exhibition Centre  Park View Terrace Room  Suite 200, 999 Canada Place   Vancouver, BC

 For further information: Media Inquiries: Adele Blanchard, Office of the Minister of Health, (613) 957-0200; Mykle Ludvigsen, Public Education and  Communications Officer, Canadian Mental Health Association BC, Division, (604) 688-3234,  Cell: (604)715-0911
 

http://www.newswire.ca/en/releases/archive/February2005/04/c0669.html


Winter smog afflicting southern Quebec, Ontario

CBC NewsFri, 04 Feb 2005

MONTREAL - A thick winter smog blanketing southeastern Quebec and much of southern Ontario because of unusually warm weather is unlikely to lift before some time next week.

 In Quebec, pollution levels in the air are three times the normal level for this time of year, and Ontario's Environment Ministry has issued its first-ever smog alert in the month of February.

Public health officials say the smog can cause health problems for people with heart and lung disease, and could even lead to deaths among those with serious breathing conditions.

André Cantin, a meteorologist with Environment Canada, says the smog is made up of extremely small particles.

"It will get into the lungs, and people more sensitive to that may have some breathing problems," he said.

During smog alerts, people with heart and lung conditions, as well as the elderly and small children, are advised to stay indoors as much as possible and avoid strenuous exercise.

Both Environment Canada and public health officials say industrial sources still contribute most to smog, but they also point to a boom in the installation of fireplaces in types of residences that never had them before.

"New condominiums that are going up, they're all equipped with fireplaces," said Norman King, an epidemiologist who works with Montreal's department of public health.

"It seems to be a more popular phenomenon, so what we ask people to do during the smog alert is to stop using their wood-burning apparatus."

Ontario's Ministry of the Environment says there's a 50 per cent probability of smog conditions continuing over the next three days in southern parts of the province, including Toronto.

The department says a strong high-pressure ridge will likely remain over southern and eastern parts of the province for several days, resulting in very light winds and poor dispersion conditions

http://www.cbc.ca/story/canada/national/2005/02/04/winter-smog050204.html

* video report as well

* can ban on fireplaces be next hurdle low income families have to face??


AIDS task force expanding food pantry program -PA

The Pittsburgh AIDS Task Force said Friday it will expand the program that provides groceries to people who have AIDS or are HIV-positive, thanks to a $10,000 grant from cigarette-maker Altria Group Inc.

The nonprofit task force's food pantry program buys dairy, fresh produce and high-protein items it says are largely unavailable from other food banks.

The grant from Altria (NYSE:MO), which owns Philip Morris USA, helps the task force serve more than 20,000 meals a year and reduce the price per meal from $2.70 to $1.45.

The AIDS task force says an average of 250 people per month visit the food pantry.

http://pittsburgh.bizjournals.com/pittsburgh/stories/2005/01/31/daily50.html


Street backs smoking ban -PA

'Wave of the future,' he says of bill

By MARK McDONALD Fri, Feb. 04, 2005

A few years ago Mayor Street was sitting in a restaurant's no-smoking section when a guy a few tables away unleashed a stinking cigar. "It was a terrible experience," he recalled.

It proved to Street once and for all the abject failure of attempts to cordon off smokers from non-smokers.

Yesterday, Street sent legislation to City Council, introduced by Councilman Michael Nutter, that bans smoking in all public places, with minor exceptions.

"For me, the pivotal question is the employees. How do you protect employees?" Street said. In today's environment, a restaurant patron can stay away from a smoky restaurant-bar, Street said. The waiters, barkeeps and cooks are another story.

In 2000, Nutter pushed a smoking-ban bill that eventually was watered down and stalled. Since then, the anti-smoking lobby has grown. Nutter cited a January poll sponsored by the Pennsylvania Alliance to Control Tobacco, which found that 76 percent of city residents support smoke-fee policies in the workplace.

But although Nutter quickly garnered the signatures of eight colleagues as co-sponsors, Council opponents and skeptics responded that the legislation would hurt restaurants and taverns.

"I'm against it big time," said nonsmoker Councilman Rick Mariano. "We're trying to legislate things that we shouldn't be involved in." He said the bill would "cut the throats" of many businesses.

"If the place allows smoking, then I've got to make a decision about whether I go in there or not," he said.

Majority Leader Jannie Blackwell, also a nonsmoker, said she too feared the impact on business.

But Street said similar laws in other cities have not resulted in the damage that they fear.

"There's a natural reservation about doing anything that might have the impact of losing one or more customers," Street said. "But I think they will quickly learn that if nobody allows smoking, then they are not at any disadvantage."

In time, Street said, "People who go to the restaurants in this city will just accept the fact that if you want to have a smoke, get that last puff before you go in. I think progressive cities all over the country are doing it. It's the wave of the future, and I don't think we should be bringing up the rear on it."

The biggest exception in the bill is a requirement that hotels and motels can reserve up to 25 percent of their rooms for smoking customers. A food or beverage establishment with 15 percent of its sales in tobacco-related products and tobacco-distribution businesses are exempt.

Signing as co-sponsors were Council President Anna Verna, Marian Tasco, Donna Miller, Brian O'Neill, Blondell Reynolds Brown, Wilson Goode and Frank Rizzo. Nutter said he hoped all seven would vote along with him for the final bill, assuring passage. But Street said he didn't think there were enough votes now.

Street said the hearing process must attract large numbers of supporters to carry the day with fence-sitting Council members.

"The people who want a smoking ban have to say to the City Council members, 'We want a smoking ban. It's a good thing to do in this city... '

"They are going to have to be heard on this. We aren't going to be able to do this by my picking up a phone and calling people."

But for Nutter, rarely on the same side of a controversial issue with Street, the mayoral presence is large.

"We are enthusiastic and encouraged and again having strong support from Mayor Street will make the critical difference," he said.

http://www.philly.com/mld/philly/news/breaking_news/10813590.htm?1c


Lawmaker Calls For Ban On Restaurant Smoking -NC

February 4, 2005

RALEIGH, N.C. -- Showing just how far tobacco has fallen out of favor as a pillar of North Carolina's economy, a state lawmaker has introduced a bill to eliminate smoking in indoor restaurants across the state.

The proposal by state Rep. Hugh Holliman, D-Davidson, calls for a ban on smoking in "all establishments substantially engaged in the business of preparing and serving meals." That would include any bar or lounge area attached to a restaurant.

"People have the right to eat and drink in an environment that is smoke-free. I personally hate to sit down in a restaurant next to someone who is smoking," Holliman told NBC-17.

"This is a pro-health bill, not an anti-tobacco bill."

Holliman is a former smoker who beat lung cancer.

But the idea, which will be debated in committee next week, is quickly renewing old battle lines between smokers and non-smokers.

"It has to do with freedom," Knightdale resident and long-time smoker Jim Kassick said. "It's just something I enjoy. You can't smoke at work. I should be able to do it when I'm not at work."

Paige Wallington said non-smokers like her should be completely separated from smokers while eating in restaurants.

"If they separate the areas far enough away from people who are trying to eat and don't want smoke, I think that would be fine. Everybody gets what they want," Wallington said.

Travis Scarbourough, an assistant manager at a Raleigh restaurant, said he tries to accommodate both groups to ensure all customers are happy.

"I think there should definitely be a divided area," Scarbourough said. "But I think there should also be an option for smokers who come into an establishment. They should be able to enjoy a cigarette after their dinner."

http://www.nbc17.com/health/4167637/detail.html


Tobacco Farmers Turn New Leaf -NC

Quota Buyout Leaves Many With Difficult Choices February 4, 2005

 As North Carolina tobacco farmers try to adjust to life after government allotments, Joe Atkins has taken to the road to defend his livelihood.

 The Mount Airy farm supply dealer is driving a mobile billboard, funded by tobacco farmers and other suppliers, that extols freedom of choice for those who grow golden leaf.

 "Certainly tobacco has some negative sides, but it also has positive sides -- billions of tax dollars generated, schools built with tobacco money," Atkins said. "I challenge anybody in the state of North Carolina to show me one profession or one job that tobacco doesn't touch some way, somehow.

 "We don't want kids to smoke. We would like U.S. farmers to grow U.S. tobacco as long as it's legal and not tax them out of business."

More: Smoking Ban Proposed | Cigarette Tax Eyed

State lawmakers are discussing the possibility of raising the 5-cents-per-pack cigarette tax to $1.20 per pack to help close a $1 billion budget deficit.

 Some 10,000 farmers across North Carolina have grown tobacco in recent years, but with the recent $10 billion federal buyout of the quota growing system, no one is sure how many will continue with the crop or move on to something else.

 "It's a fresh beginning," 7th District Congressman Mike McIntyre said. "Those who want to continue farming in the free enterprise system and contract with tobacco companies will be able to do that. Those who don't want to now have the tentacles of federal government taken away from the control of their own property and they can do with it as they wish."

 The buyout will inject $4 billion to North Carolina's economy -- farmers should begin receiving checks in March -- but without the safety of federal price supports, smaller farmers will be forced either to contract with big tobacco companies or take a chance growing other products.

 Graham Boyd, of the North Carolina Tobacco Growers Association, said the new system offers tremendous potential for leaf farmers.

 "I think, moving forward, as price adjusts relative to the world market, there's a great opportunity to see farmers have a chance to grow more acres than they were in the past," Boyd said.

http://www.nbc17.com/news/4167739/detail.html


House Gives Nod To Burley Settlement Money -KY

Greg Stotelmyer Action News 36 Political Reporter Feb 4,

By a 92-0 vote, the Kentucky House today approved a bill that funds $114 million of $124 million in tobacco settlement payments burley growers and quota holders around the state have been waiting for since late December.  The 163,000 checks are overdue because cigarette companies have been told by a judge they do not have to make their final payments, leaving the state to figure out how to cover the cost.

The measure, which mixes a combination of current and bonded funds from the agriculture development fund, now goes to the Senate for its consideration.

http://www.wtvq.com/servlet/Satellite?pagename=WTVQ/MGArticle/TVQ_BasicArticle&c=MGArticle&cid=1031780648572&path=


Fletcher defends his tax proposal -KY

FRANKFORT, Ky. -- Gov. Ernie Fletcher defended his proposal to overhaul Kentucky's tax code Friday, and said it was best for the state's economic future.

"It gives us the continuing opportunity to make this state more attractive," Fletcher told reporters. "It sends a very strong message out to individuals that would be attracted to Kentucky."

Fletcher has proposed overhauling the state's tax code by increasing some taxes and lowering others.

Among other changes, taxes would increase for items such as cigarettes, alcohol and satellite television. Meanwhile, taxes would decrease for some low-income people and the top income tax rate would shrink from the current 6 percent to 5.45 percent by 2008.

Critics have called the plan unfair and fiscally shaky, saying it is too dependent on higher cigarette taxes to balance income tax cuts for companies and individuals.

The day after Fletcher announced his proposal, some legislators put forth an alternative tax plan that would dramatically increase taxes on businesses and wealthy individuals, while reducing the burden on more poor people.

But Fletcher said his plan would boost Kentucky's economy by attracting more companies and encouraging its college-educated youth to remain in the state upon graduation.

"What I have proposed is let's change the tax system to attract more people and grow here," Fletcher said. "That's the way we grow the economy. You grow the pie."

House Speaker Jody Richards, D-Bowling Green, said the Democratic-lead chamber will work from Fletcher's tax proposals, but predicted changes would be made.

Richards said the House would not approve legislation that included a "trigger" that would cap future revenue receipts without legislative action, as Fletcher has proposed.

http://www.wkyt.com/Global/story.asp?S=2903246


Dear Editor,

The Mississippi Democratic Club is urging state leaders to see that no Mississippian is cut from the Medicaid program.

It is inconceivable that state leaders would consider balancing the budget by removing health care from the sickest, poorest and the most vulnerable people in Mississippi - the elderly and disabled.

We urge Mississippians to contact their legislators to push for passage of the proposed legislation to increase the cigarette tax to enable us to provide continued coverage for our Poverty Level, Aged and Disabled Medicaid recipients (PLADs). The current state excise tax on cigarettes is 18 cents, the lowest in the nation. The average state excise tax is 84 cents. No new taxes is not the solution!

In one of the poorest states in the country, where one in four Mississippians are on Medicaid, one would think that our governor and the Legislature could come up with a better idea to balance the budget than lopping 65,000 poverty level aged and disabled human beings from the medical care and medication they need. We call upon our state legislature to stand up for a cigarette tax.

Until health care is made affordable for everyone, it is unconscionable to strip these Mississippians from coverage. It is a death sentence for many. How can we accept this decision from a governor who pledges "no new taxes," who won't tax cigarettes or affluent friends but will cut poor people off from medical care?

Depriving the elderly, disabled, children and poverty level Mississippians of health care is not the way to balance the state budget. We urge you to join with us to help our people by calling your legislator today to support the cigarette tax.

Ann Williams, co-chairwoman
Mississippi Democratic Club

http://www.zwire.com/site/news.cfm?BRD=1377&dept_id=172925&newsid=13894157&PAG=461&rfi=9


Lt. Gov. Sally Pederson finished a three-day tour in support of an 80-cent increase on tobacco products in the state, an increase she said was the only way to fully fund the state's Medicaid programs.

Gov. Tom Vilsack introduced his budget Monday, which included the cigarette tax with plans to use the additional money to cover a $100 million Medicaid shortfall.
      "Here's a way to increase revenues for Medicaid that's not about reducing services," Pederson said. "We're doing a good job of cost containment. We're as cost-effective as we're going to get."
      She said Iowa spends 13 percent of its general fund budget to fund health-care for low-income people, while the national average state Medicaid spending is around 23 percent.
      Opponents of the cigarette tax increase, including Rep. Jim Kurtenbach, a Republican from Nevada, object to the increase in spending as well as changing just one of the state's taxes.
      "Nothing in isolation," Kurtenbach said. "We've been down that road so many times."
      Pederson said programs that are now considered optional services for low-income people eligible for Medicaid, including dental work, optometry, and mental health care, would benefit from the cigarette tax increase.
      Pederson spoke at the Mid-Iowa Community Action Center in front of a backdrop printed with the words "Health Care Security for Iowans." Within the Community Action Center building is the Story County Community Dental Clinic.
      Pat Hildebrand, director of health services for the center, said Medicaid funding would help support the clinic. In 2004, more than 900 reduced-cost dental visits were completed by clinic volunteers.
      County Supervisors Jane Halliburton and Wayne Clinton, both Democrats, attended Pederson's brief speech.
      The state-wide tour included visits to Council Bluffs, Sioux City, Cedar Rapids, Davenport, Dubuque, Waterloo, and Mason City.

http://www.amestrib.com/site/news.cfm?BRD=2035&dept_id=238095&newsid=13893492&PAG=461&rfi=9


Add 21p onto a pint and 'save 600 lives a year' -UK

LOUISE GRAY

AN EXTRA 21 pence on a pint of beer would save more than 600 people in Scotland from alcohol-related deaths every year, researchers say.
Experts estimate a 10 per cent rise in alcohol prices across the UK would produce a drop of 28.8 per cent in male deaths and 37.4 per cent in female deaths from alcohol dependence and poisoning, and a fall in deaths from cirrhosis of 7 per cent in men and 8.3 per cent in women.
In Scotland, where a pint costs, on average, £2.12 and 1,448 men and 532 women died in 2003 from an alcohol related condition, projections show a price hike would save 417 men and 198 women.
Writing in the medical journal The Lancet, experts say governments across the world - including Scotland - must do more to cut drinking levels.
They say alcohol is linked to 60 medical conditions and is just as destructive as smoking and high blood pressure.
Overall, 4 per cent of the global burden of disease is attributable to alcohol, 4.1 per cent to tobacco and 4.4 per cent to high blood pressure.
Professor Robin Room, of the Centre for Social Research on Alcohol and Drugs at Stockholm University, who led the research, said governments need to be as strict on drinking as on smoking. They should bring in tighter licensing laws and higher taxes.
"A stark discrepancy exists between research findings about the effectiveness of alcohol control measures and the policy options considered by most governments. In many places, the interests of the alcohol industry have effectively exercised a veto over policies, making sure that the main emphasis is on ineffective strategies such as education."
Jack Law, chief executive of Alcohol Focus Scotland, said a 50 per cent drop in alcohol prices over the last 20 years has led to an increase in alcohol-related diseases.
He said: "The relative pricing of alcoholic and non-alcoholic drinks should be addressed to discourage excessive alcohol intake.
"More effective regulation of alcohol advertising and cheap price promotions is needed to clamp down on those encouraging binge drinking."
But Colin Wilkinson, secretary of the Scottish Licensed Trade Association, said a hike in prices was unlikely to affect consumption.
"If you simply put alcohol up to a ridiculous price, it would just drive the whole thing underground. There is already a big enough problem with bootlegging."
This week, First Minister Jack McConnell prompted a furore after telling schoolchildren it was all right to get drunk "once in a while". He claimed that he was referring to adult drinking.
The Executive is bringing in a number of measures to combat problem drinking and laws will be introduced in 2007.
Meanwhile, Westminster legislation taking effect on Monday will allow pubs, bars, off-licences and nightclubs to remain open around the clock, raising concern in some quarters about the increasing ease of access to alcohol in society.

http://news.scotsman.com/health.cfm?id=132292005


R.J. Reynolds Says Appellate Ruling Dramatically Transforms DOJ Lawsuit; Government Cannot Seek Disgorgement

    WINSTON-SALEM, N.C., Feb. 4 /PRNewswire-FirstCall/ -- A federal appellate court today ruled that the U.S. government cannot continue to seek disgorgement from the tobacco industry in the suit filed by the Department of Justice (DOJ) against the nation's major cigarette manufacturers.  In doing
so, the court struck down the DOJ's claim that the manufacturers could be forced to disgorge $280 billion because of past racketeering activity.
    "We are extremely pleased that the appellate court agreed with our long- held belief that disgorgement is not an appropriate remedy in civil RICO suits, such as this," said Charles A. Blixt, executive vice president and general counsel for R.J. Reynolds Tobacco Company, on today's ruling by the U.S. District Court of Appeal for the District of Columbia.  "This ruling dramatically transforms the DOJ suit.
    "While we continue to believe that no remedies are warranted under the facts of this case," he said, "with the threat of disgorgement removed, the principal remedies still available to the government are forward-looking measures.  These would include marketing and sales restrictions already put in place by our company and others under the Master Settlement Agreement."
    In its ruling that the lower district court erred, the appellate court found that " ... we can find no justification for considering any order of disgorgement ... "  Adding, "We need not twist the language to create a new remedy not contemplated by the statute."

    R.J. Reynolds Tobacco Company (R.J. Reynolds) is an indirect wholly owned subsidiary of Reynolds American Inc. (NYSE:  RAI).  R.J. Reynolds is the second-largest tobacco company in the United States, manufacturing about one of every three cigarettes sold in the United States.  R.J. Reynolds' product line includes five of the nation's 10 best-selling cigarette brands:  Camel, Winston, Kool, Salem and Doral.  For more information about R.J. Reynolds, visit the company's Web site at http://www.RJRT.com .

 SOURCE R.J. Reynolds Tobacco Company
Web Site: http://www.RJRT.com

http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=109&STORY=/www/story/02-04-2005/0002951231&EDATE=

* this is the actual judgment ruling http://junkscience.com/feb05/US_v_PM.pdf


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http://www.rjrt.com/TI/TIaboutSmokersRights.asp


EU commissioner backs tougher smoking restrictions across Europe

04/02/2005

EU Health Commissioner Marcos Kyprianou said Friday that he would like to see continent-wide introduction of tough restrictions on smoking like those in force in Ireland and Italy but admitted he lacked the powers.

Kyprianou said he "completely backed" bans on smoking in all enclosed public places like those adopted in the two EU member countries.

"I encourage this but I can't impose legislation," said the EU health and consumer protection chief.

"It is a question of protecting the non-smokers whom, however strange it may seem, make up a very large majority in the member states."

Kyprianou, who is Cyprus's first representative on the EU executive since the island's accession to the enlarged 25-nation bloc in May last year, said he was disappointed by the "high percentage of smokers" in his homeland.

He also complained of a lack of "satisfactory" statistics on smoking-related diseases in Cyprus and held out the possibility of EU funding for such research.

"There is a capability given by the health programme of my services to fund studies and research on cancer and other diseases connected to smoking," he told reporters after talks with Cyprus President Tassos Papadopoulos.

Kyprianou revealed that he had pressed both Papadopoulous and Luxembourg Prime Minister Jean-Claude Juncker to set an example by giving up smoking themselves.

"I hope they both adopt my suggestion," he said, adding that the Cyprus president had at least managed to forego a cigarette for the duration of their meeting.

http://www.eubusiness.com/afp/050204185157.c6yxae6t


Berkeley Daily Planet

Edition Date: Friday, February 4, 2005

Mayor Brown Takes Wrong Turn with Parolee Curfew By J. DOUGLAS ALLEN-TAYLOR Column

UNDERCURRENTS OF THE EAST BAY AND BEYOND (02-04-05)
In recent years, with the active cooperation of its local elected officials, Oakland has become something of a constitutional rights experimental ground for California. The idea has been to implement laws of dubious constitutionality—applicable to Oakland and only Oakland—to see if they work, how they work, and, perhaps, if they can be gotten away with. And so, among other things, Oaklanders have endured (thanks to Mayor Jerry Brown) the suspension of certain state environmental protections under the California Environmental Quality Act (CEQA) that are available to every other California city. In addition, we’ve had Senator Don Perata’s Sideshow Red Queen Justice Car Seizure Act (called the U’Kendra Johnson law) in which the city is allowed to confiscate cars for 30 days solely on the word of a police officer—without a prior hearing—that someone had been spinning donuts in the car. One would think that like the villagers in the Frankenstein movies, Oaklanders would get fed up, storm the castle, and drive these legal monsters out. Why that hasn’t happened (yet) is a story for another day.

In any event, this sawing at the foundation poles of the Constitution may soon become a problem for Californians as a whole, as Mayor Brown is now promising to take the latest version of this show on the road.

A recent Heather MacDonald Oakland Tribune article on the mayor’s planned run for California Attorney General in 2006 ends on an interesting note. “If elected,” the last paragraph reads in part, “Brown said he … may work to expand Oakland’s curfews for those on parole or probation throughout the state.” Mr. Brown is advancing that thought already, even though the Tribune, in the same article, says Oakland Deputy Police Chief Pete Dunbar believes it “could be” six months to a year before the results of Oakland’s curfew are even known.

Oh, what a hurry we are in when election time rolls around and these days, it seems, election time is always rolling around.

For Californians—and even some Oaklanders—who may not know what the curfew is all about, a short summary is in order.

In a deal apparently worked out last year between Mayor Brown, the Oakland Police Department, and the Alameda County Probation Department—but not the Oakland City Council—people paroled in Oakland must agree, as a condition of their parole, to be confined to their homes between the hours of 10 p.m. and 6 a.m. until their years of parole are over. Mayor Brown tells the Tribune that he came up with the plan because, according to the mayor, 80 percent of homicides in the city involve felons who are on probation and parole, and 70 percent of homicides occur at night. And according to the Tribune, an Oakland Police Department representative “believes the curfew could help curb ‘sideshows’ … and violence and burglaries.” (It was the Tribune which put the quotation marks around the term sideshows, which they defined in this article as “displays of reckless driving on city streets.”) Anyways, the provisions only apply to Oakland probationers. The State Parole Board has not made a decision on using the Oakland curfew as a condition for parolees.

It is difficult to see where Mr. Brown gets his information that 80 percent of Oakland homicides involve felons who are on probation and parole, since, we are told, most Oakland homicides go unsolved. But while we’re waiting for him to explain, we’ll move on.

One of the principles of American justice—before it got trampled in the cages of Guantanamo, at least—is that individuals are presumed innocent until proven guilty, and that punishment ought to extend only to people actually convicted of a particular crime, not to people who might belong to a certain class.

Keeping that in mind, let us do some quick math. Last year, there were 88 homicides in Oakland. Using that 80 percent parolee/probationer figure given by Mr. Brown (even though we’ve yet to hear where he gets it from), that would mean that 70 of these murders were committed by parolees or probationers. Even if each of these 70 murders were committed by a different individual, that leaves a pretty significant number of parolees or probationers who didn’t kill anybody in Oakland last year, but who are still subject to Mr. Brown’s new curfew law. According to state statistics, there were some 2,500 parolees living in Oakland as of last summer; that doesn’t even take into account the number of people in the city out on probation.

But let’s follow this road a little further. If Mr. Brown and the Oakland Police Department believe every one of these 2,500 parolees is a likely candidate to commit a murder or a violent assault—and I don’t share that belief—why in God’s name would we want to lock these parolees up in their homes?

Confining these 2,500 Oakland parolees in their homes all night isn’t going to curb any violent tendencies they may have, for those of them who do have violent tendencies. It isn’t going to lessen the tensions and social and economic pressures they might feel that lead to such violence, or limit access to the liquid or smokable stimulants that fuel the fire. And if the pressure builds inside those 2,500 parolees’ houses, and they cannot get outside to movies or nightclubs or just driving around to blow off steam, and these parolees boil over and explode, where does one think that explosion is going to be directed?

Another quick statistic, since we’re reciting them. In the year 2000 there were a little over 2,300 domestic violence-related calls for assistance reported by the Oakland Police Department, almost 300 of them involving the use of weapons of some kind. The report did not specify whether the victims of the violence were wives or children.

Mr. Brown, in his typically breezy way of making light of serious social problems that might result from his proposals, tells the Tribune that he believes “it’s very (beneficial) for these probationers and parolees to spend time in their homes.” Yes, but not under house arrest. It’s bad to be in the predicting business, but I’ll take a chance and predict that the longer Mr. Brown’s parolee curfew goes on, the more those domestic violence numbers are likely to rise, even if all of the parolees are not as violent as Mr. Brown appears to believe. How many Oakland women are going to be beaten or killed because their husband couldn’t get out of the house during an argument just to stand on the corner for 15 minutes and smoke a cigarette?

Having lived for many years with a man who actually did have such violent tendencies that got played out in the home (see “No Charges In Mayoral Aide’s Dispute; Police Chief Responded To Call Of Fight Between Brown Confidant Barzaghi, Wife” by Heather MacDonald and Harry Harris, Oakland Tribune, July 17, 2004), Mr. Brown ought to know a little about this subject.

This is one that needed a little more thought.

http://www.berkeleydaily.org/text/article.cfm?issue=02-04-05&storyID=20668


Judge clears air on anti-smoking petition
Lahontan Valley News, NV - 8 hours ago
... Really, should it take this much legal effort to clear the air of cigarette smoke? Only in Nevada, because of the ubiquitous slot ... http://news.google.ca/news?q=cigarette&num=50&hl=en&lr=&output=search&ie=UTF-8&scoring=d&start=400&sa=N


Burned by the Internet  -IL

By HERB MEEKER, Staff Writer Friday, February 4, 2005

Dave Barrett believes his dream of owning his own business went up in smoke, thanks to the Internet.
The Darby Pipe Shop on Broadway Avenue closed Monday after 60 years of selling tobacco products and pipes in Mattoon. Barrett was the fourth owner of the business that had relocated three times over the decades.

The 50-year-old Barrett was thanking old customers for their loyalty late last week and promising to share his "recipes" for pipe tobacco with a pipe shop in Champaign. Bearded and stout, he choked up after one of the customers offered a hearty farewell.
"I wanted to make sure my customers could still get what they wanted," Barrett said, pointing to glass jars nearly empty of tobacco with labels reading Dutchflake, Royal Darby and Havana Ribbon.
Some of the recipes date back to the original owner, Royal Aten, who operated the shop on the east end of the business district in Mattoon.
The business also moved a few doors down several years ago from the corner of 19th Street and Broadway.
"One guy came in and bought eight pounds of what he was smoking," said Barrett of the loyalty to the pipe blends.
He has had a run on his inventory, including cigars, but for months his business was fading away. Barrett points toward Internet shopping as being too habit-forming for smokers.
"If they were looking for a particular brand of cigar out there then they might come into my place and just see 30 different boxes. That was a much smaller selection than what they could find on the Internet," Barrett said.
Besides, the cyber-smokers did not have to leave the house, Barrett said. "That really puts a hurt on small businesses like mine," he said.
The power of the Internet business has increased several fold in the last few years. Forester Research predicts that United States online retail sales will reach $229 billion by 2008. If true, that would amount to 10 percent of all U.S. retail sales.
But is the Internet killing off small businesses? Actually, there are many cases of smaller business entities enhancing their sales through Internet orders.
"Overall, the Internet can be a boon to business," said Todd Maisch, vice president of governmental affairs with the Illinois State Chamber of Commerce. "For every business that has been hurt by competition from the Internet, others are benefiting from more efficient operations."
Maisch said small business owners should seek qualified consultants on setting up online business operation, no matter the size. "They need to look at the Internet as an opportunity, not a threat."
Barrett said his business might have also suffered from new smokers not learning to exhale. The art of smoking pipes and cigars is not inhaling.
"With cigarettes, inhaling is a very bad habit to break," said Barrett. He first picked up smoking pipes, not cigarettes, during his teen years while camping with friends on the Kaskaskia River near Sullivan, his hometown.
"We did it to keep the ‘skeeters' off us," Barrett said.
Of course, smoking pipes and cigars is a deliberative process, compared to cigarette smoking.
"You need some time to smoke them. You just don't take a break out back," Barrett said.
Time is not a worry for him now. He is moving back to Sullivan, where he might do some fishing.
Contact Herb Meeker at hmeeker@jg-tc.com or 238-6869.

http://www.jg-tc.com/articles/2005/02/04/features/feat51.txt


Woodcrest staffers protest smoking ban  IN

By JOE SPAULDING Friday, February 4, 2005

To smoke or not to smoke, that is the question raised in a letter signed by 33 staff members at the Woodcrest Nursing Facility and presented to members of the Adams Memorial Hospital Board of Trustees.
Marvin L. Baird, executive director of the organization, told board members at their meeting this week that he received the letter from employees who are concerned over a recent decision by trustees to make all organizations of the Adams Health Network smoke-free.

He said over 200 employees work at Woodcrest, but he called the number of signatures on the letter "significant."
Following a discussion, no change in the policy was forthcoming.
A copy of the letter was not distributed, but was read at the meeting and it noted that quite of few of the employees "choose to participate in a legal activity (smoking)."
The letter made reference to the fact that employees who smoke do so of their own accord and they are quite familiar with possible lifelong health consequences caused by smoking.
Nicotine, an addictive substance found in tobacco, "is a legal substance" the letter also emphasized.
The letter questioned whether or not the hospital board planned to ban other "legal activities," such as eliminating any form of caffeine in food or beverages or perhaps even stopping employees who are overweight from eating meals or snacks during their normal shift at Woodcrest.
The letter continued to note that many employees find that taking a quick cigarette break "alleviates stress" and being able to smoke on the grounds at Woodcrest is a "cost-free perk" that employees desire to have.
Baird said, "We have made a decision to go with no smoking on site. There will always be opposition to any change you make."
Board member Vic Porter, whose Thunderbird industrial plant in Decatur employs over 600 people, said his establishment is a smoke-free workplace and encouraged Baird and other hospital officials to contact his plant officials for more information about maintaining a smoke-free business.
There are eight hospitals in the state of Indiana that currently have smoke-free status, according to Baird.
The letter pointed out that Parkview Hospital in Fort Wayne tried to go smoke-free, but has relented under pressure from employees and others.
Board members indicated at the meeting that they are currently unwilling to make a change in the status of Adams Health Network facilities regarding smoking.

http://www.decaturdailydemocrat.com/articles/2005/02/04/news/news/news02.txt


Inmate garners more charges for allegedly setting off sprinkler -MO

By Linda Redeffer ~ Southeast Missourian

A Sedgewickville, Mo., man in the Cape Girardeau County Jail awaiting an April jury trial was bound ov


Posted at 7:27 pm by looped_ca
Comments (1)

Wednesday, February 02, 2005
News with a view


Klein adviser friend of a friend of a friend -AB

LINWOOD BARCLAY Jan. 31, 2005. 07:36 AM

It has been a very busy month at the Ralph Klein Research Institute, that scientific body that works round-the-clock to provide Alberta's premier with the latest data on a variety of vitally important issues.

No political leader wants to go out there, making speeches, facing impudent questions from the press, without being well versed in the facts. Every mayor, premier or prime minister should have his own scientific laboratory, staffed with world-renowned scientists toiling away in an endless quest for the truth. But few have one to match Ralph Klein's.

Just recently, in fact, the RKRI, as it is known in the scientific community, made news nation-wide when it unearthed new details about mad cow disease and smoking bans, and passed them on to the premier.

"I've been told you would have to eat 10 billion meals of brains, spinal cords, ganglia, eyeballs and tonsils to get the disease," Klein told the Montreal Board of Trade with regard to mad cow. Many of the people in attendance found it hard to imagine eating 10 billion meals, period, in a lifetime. An 80-year-old person, to consume 10 billion meals, would have to eat 34,246 meals a day, which is a lot, although you'd certainly never feel the need to snack.

A leading researcher at the RKRI explains: "For a while, there, we weren't sure whether it was 10 billion meals, or 10 trillion meals, and it was hard to check, because Roy, from the institute's mailroom, couldn't remember which bowling partner told him this, so we flipped a coin."

And it was the institute's diligence that turned up information (again, passed on to the premier), that smoking bans do nothing to discourage people from smoking.

"Well," said the same researcher, "it wasn't `information' per se, but more like a feeling, which was shared by many of us here at the institute who smoke, and don't like to be told what to do."

This comment goes to the heart of the Ralph Klein Research Institute's methodology. "We don't like to brag," said another scientist, "but we have one of the largest water coolers in the country, and so a lot of people can hang out around it. If someone here says he heard from somebody else that something or other has been found out, well, that's good enough for us."

A few other recent findings by the RKRI that'll be coming down the pipe soon:

-The 10-second rule is legit: It's actually true that, if you drop something on the floor, and pick it up within 10 seconds, you can eat it. "I mean, honestly," an institute scientist said, "when's the last time you saw the headline, `Ate something off floor, man dies.' Not lately, I'll bet."

-You can't even SEE car exhaust: Except for maybe when it's really cold out, and even then, once it gets a few feet away from the car, it's totally invisible! And THAT's supposed to be hurting the ozone layer?

-Men who drive hybrid cars are light in the loafers: Real men consume fossil fuel. And lots of it.

-The choking doberman: Okay, you're not going to believe this, but it happened to a friend of a friend of one of the researchers. This woman goes home and finds her dog choking, drops him off at the vet's, and goes home. Soon as she gets there, the phone's ringing, and it's the vet, and he says: "Get out of the house!" Seems he found three human fingers in the dog's throat, and figuring they might belong to a burglar who was still in the house, he phoned to warn the woman. And sure enough, when the police were called, they found a wounded guy hiding in the closet, and that man was Elvis Presley.

When you hear Ralph Klein tell this story, try to act surprised.

http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&call_pageid=971358637177&c=Article&cid=1107126608902


Compensate tobacco growers -ON

Families that may have prospered for generations now verging on financial ruin because of policies

Tobacco growers' folly Editorial, Jan. 20.

It is disappointing — but not surprising — that the Star does not support fair treatment for tobacco farmers who are facing the brunt of anti-tobacco policies.

 Whether it is high tobacco taxes, smoking bans or any number of other measures designed to dampen tobacco use, farmers are the collateral damage. Governments across this land continue to rake in more than $8 billion each year from tobacco taxes, but farmers are going broke.

 The World Health Organization has proclaimed in its Framework Convention on Tobacco Control that tobacco farmers whose livelihoods have been negatively impacted by anti-tobacco policies should be compensated. Canada is the international champion for this framework and should abide by its principles — something the federal government put forward when it announced assistance last May and the Dalton McGuinty government accepted in promising as-yet undelivered assistance.

 The Star has fallen into the decades-old trap put forward by people who know little of agriculture. "Just grow something else," you say. Where would these products be sold? If you picked up the phone and spoke with almost any fruit or vegetable grower (the most likely complementary crops), you would find out that their markets are saturated. If you spoke to an agronomist, you would find out that sandy tobacco soils cannot support a wide variety of other crops. And tobacco farms are saddled with debt that was used to buy equipment that is not transferable to other crops. If there is no help to exit the industry, our farms — and communities — will collapse.

 Families that may have prospered for generations are now verging on financial ruin because of the negative effect of government policies. We simply ask that government be part of a long-term strategy for our farmers and help those who are forced to exit the business escape financial ruin.

Fred Neukamm, Chair, The Ontario Flue-Cured Tobacco Growers' Marketing Board, Tillsonburg

http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&cid=1106607011649&call_pageid=

968332189003&col=968350116895&DPL=IvsNDS%2f7ChAX&tacodalogin=yes


RE:Compensate tobacco growers Letter, Jan. 25. -ON

Tobacco growers deserve fairnes sJan. 26, 2005.

As a kid growing up in the '50s, it seemed that every adult smoked. During the '60s, the lucky ones among us were able to get late-summer work picking tobacco. Smoking was government sanctioned, an integral part of our lifestyle, and the growers were a mainstay of the agricultural economy.

While the moves to end tobacco use make sense, fairness demands that we provide the tobacco growers with a decent buyout. We were all in this together. After their years of working the land — in the fashion we, as a society, requested — they should be entitled to retire their growing operations via reasonable settlement and not simply be starved out of business.

Val Patrick, Hamilton, Ont.

http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&call_pageid=971358637177&c=Article&cid=1106693413597


Health unit, Soldiers' target indoor smoking

Frank Matys: Orillia Today February 1/05

Take it outside.

That is the message public-health officials are sending to parents who continue to put their children at risk by smoking in the home or car.

"It is amazing we are still having this discussion 20 years later, when we clearly know what the outcomes are," Dr. Gary Smith, Chief of Pediatrics at Soldiers' Memorial Hospital said yesterday.

The local physician was on hand to help launch a pilot project aimed at ridding Orillia-area homes of cigarette smoke, by educating parents on the dangers associated with puffing indoors. Children exposed to smoke in the home are more prone to ear infections, colds and other problems, Dr. Susan Surry, one of Simcoe County's associate medical officers of health, told reporters.

"Parents wouldn't use paint with lead in it, but they will smoke in the house," added Kimberley Downey, co-ordinator of the hospital's regional pediatric asthma clinic.

The project is a joint effort involving Soldiers' Memorial Hospital and the Simcoe County District Health Unit.

Smoke-Free Homes and Asthma encourages families to talk about second-hand smoke, and to take measures to ensure their homes are smoke-free.

Brochures offering tips to that end are being distributed around the city, while fliers focusing on the hazards associated with second-hand smoke are available through local pharmacies and doctors' offices. "Parents want the best for their children, especially their health, so we want to give them the information and tools they need to take smoking outside," said Surry.

Province wide, second-hand smoke is said to be responsible for 20 per cent of all tonsillectomies, 14 per cent of tube insertions in ears, 13 per cent of physician visits for coughs, and seven per cent of ear infections.

Asthma, cited as the leading cause of missed school days and hospitalization among children, is also linked to second-hand smoke, according to the health unit.

And, while parents of children receiving treatment at the local asthma clinic are offered free cessation counseling to help kick the highly addictive habit, "precious few take us up on it," Downey said. "We can see significant improvement in a child's health when a parent ideally stops smoking, or at the very least stops smoking in the home, the car and anywhere in the presence of their child," added Smith.

Orillia was chosen to host the pilot project because of the relatively large number of households with children under the age of two, where smoking still occurs. Studies show that children raised in a home with a smoker are more likely to become smokers themselves.

http://www.simcoe.com/sc/orillia/v-scv2/story/2529180p-2930602c.html


Tobacco growers ready to quit -ON

MORE THAN 300 SIGN PETITION CALLING FOR U.S.-STYLE BUYOUT

Monte Sonnenberg - SIMCOE REFORMER Friday January 28, 2005

The Simcoe Reformer — Nearly half the tobacco growers in Ontario are prepared to exit the industry immediately.
A petition calling for a U.S.-style buyout of tobacco growers has quickly attracted more than 300 signatures. This is nearly half the 800 growers left in the tobacco belt.
Frank Schonberger of Langton is among those promoting the petition. Yesterday, he said growers have heard enough empty promises from government. They are also fed up with the ongoing vilification of their industry.
“We don’t care where the money comes from,” Schonberger said. “We’re all ready to exit the industry if they compensate us justly. And if the trade wants an industry here, let them show it. They haven’t done that for the last few years. It’s almost become a forum for abuse of tobacco farmers, between government and taxation, government legislation, the demonization of the industry. Farmers are very frustrated. No one wants us to produce tobacco anymore according to these policies.”
Matters came to a head recently when growers learned the Ontario Flue-Cured Tobacco Growers Marketing Board was preparing to allot a $121 million government compensation fund by way of a “sealed reverse auction.”
Under this system, growers wanting to exit the industry would signal, by sealed tender, how much they were prepared to accept for their quota. Those quoting the lowest amount per pound would have first call on the fund. The marketing board was working out details of the procedure when hundreds of growers protested at the board’s head office in Tillsonburg three weeks ago.
Growers are opposed because they feel the process pits farmer against farmer. As well, a reverse auction favours growers who are well off. Those with the lowest debt can afford to take less for their quota.
Instead of a reverse auction, growers want compensation along the lines of that granted to tobacco farmers in the United States last year. There, state and federal officials agreed to a $10 U.S. per pound buyout. The local petition calls on Ottawa and Queen’s Park to “support an immediate pursuit of a total quota buyout exit program at U.S. levels within a specific wind-down timeframe.”
The U.S. buyout was on the agenda yesterday of a meeting of the Tobacco Advisory Committee in Toronto. Committee members include representatives of government, the tobacco marketing board, tobacco multinationals and assorted leaf buyers. TAC meetings are held to set the price for the coming crop year.
Linda Lietaer, spokesperson for the tobacco board, said by phone that it is premature to talk about a U.S.-style buyout in Ontario. She noted that three experts from the U.S. were in Toronto yesterday to speak to TAC members about how the American program works.
“That is part of our meeting today,” Lietaer said. “We’re trying to get a better feel of what that buy-out means. We need to be totally clear before we consider it.”
In a recent letter to tobacco producers and government officials, petition promoter John VanDaele of Courtland said “Many producers feel the proposed funding is grossly inadequate to assist the growing number of producers that wish to exit the industry.”
Schonberger agrees. He said much has changed since the federal government offered $71 million and Queen’s Park $50 million. Substantially more will be needed, Schonberger said, to ensure a fair and orderly wind-down of the tobacco belt.

http://simcoereformer.ca/story.php?id=140063


Public reports smoking violations -SK

Saskatchewan News Network; Regina Leader-Post Friday, January 28, 2005

REGINA (SNN) -- Nearly a month into Saskatchewan's smoking ban, the province's health minister is pleased to see the vast majority of businesses are complying with the new law, but admitted there have been few trouble spots.

"There are some areas where we've had some challenges," said John Nilson. "I know the public health inspectors working in each of the regional health authorities have gone with progressive enforcement which includes going around and visiting businesses, telling them how it affects their place and when there are real concerns, they've been issuing some tickets."

Nilson said the department hasn't had to worry about missing the businesses who aren't complying since many members of the public have readily reported them.

"We get lots of calls from people who are concerned when they go to an establishment that isn't complying," he said. "I know that some establishments have had their own customers say to them, 'Look we're not going to come here anymore if you don't comply with this because we really appreciate a smoke-free environment.' "

The provincewide ban came into effect Jan. 1, but health officials offered a 60-day educational period for businesses to learn all the rules involved and prepare themselves for the change. While most have forced customers to butt out, others have used this period as a way to allow their customers to continue smoking and others have said they have no plans to comply.

Nilson said throughout the second half of the grace period inspectors will carry on with progressive enforcement.

http://www.canada.com/saskatoon/starphoenix/news/local/story.html?id=e6588e43-e1dd-4bd6-a423-3737cf097bcc


Illegal butts boom

By JASON BOTCHFORD, TORONTO SUN Wed, January 26, 2005

FAST AND furious tax increases on cigarettes are reviving the thriving and lucrative black market to its 1992 zenith, warn tobacco industry insiders. "It's out of control," said Dave Bryans, who represents 6,000 retailers as executive director of the Ontario Convenience Store Association. "We have had three tax increases in 14 months now and that forces consumers to find other channels. We anticipate, unless we work together and change something, the black market will continue to be out of control and we'll be back to where it was at its peak."

Smokers in Ontario had to cough up $1.25 more per carton of cigarettes beginning last week.

The Liberals have raised provincial tobacco taxes by $6.25 since they were elected in October 2003, translating into $300 million more per year in provincial revenue.

In 1992 about 35% of cigarettes in Ontario were sold without Canadian taxes.

The result of increasing taxes again is a ballooning illegal underground market that relies on native reserves to funnel cheap cigarettes into the local market, Bryans said.

Imperial Tobacco spokesman Christina Dona said a new illegal industry has even spawned counterfeit, or copycat cigarettes. These smokes are produced in China at between $2-$5 a carton.

http://www.canoe.ca/NewsStand/TorontoSun/News/2005/01/26/910593-sun.html


Doctor Draws On Past to Treat Addictions

By gail johnson  Publish Date: 27-Jan-2005

Dr. Ray Baker. Mark Mushet photo

He argues tobacco and marijuana are the toughest drugs to kick

Richmond doctor Ray Baker is best known for his work in addiction medicine. He designed the first such program at UBC's medical school--but his knowledge is not all academic.

Eleven years ago Baker founded HealthQuest Occupational Health Corporation, which treats people with substance-use disorders. Its clients include Air Canada, the College of Physicians and Surgeons of B.C., the Washington State Bar Association, and Corrections Services Canada. However, Baker--who, since starting his clinic in 1993, has spoken at hundreds of conferences across North America and testified in British Columbia Supreme Court on the medical, neurobiological, psychological, and pharmacological effects of nicotine and mood- and mind-altering substances--also knows all about addiction first hand.

As a med student at the University of Western Ontario and during his first decade as a family and emergency-room doctor in rural B.C., Baker was hooked on tobacco, marijuana, and alcohol. Although he thrived on the demands of a busy practice and the chaos of the ER, he was increasingly exhausted and his marriage was in trouble. But he didn't think he had a problem.

"I was driven, compulsive, conscientious," Baker says in a sunny-morning interview over coffee. "People see addicts as a certain type. I was addicted as a 17-year-old. I supplied half my class at med school with pot I grew on my farm....The interesting thing--and this is not atypical--is that with the shame and guilt, I felt worse and worse about my behaviour, so I would achieve more and more. I was class valedictorian in medical school....For many professionals with addiction, their attention, their performance is just fine; if anything, it's superior.

"I was doing a damn good job," he adds of his work in Logan Lake. "I knew there was a problem when I walked out the back door of my clinic in 1984 with 10 people waiting for me. I was burned out, but I didn't know what was wrong."

It was only after a counsellor recommended he go to a treatment centre that Baker realized he was addicted. That's when he became passionate about learning more about the condition and helping others. With their relentlessly seductive effects, Baker says tobacco and marijuana are among the hardest drugs to quit smoking, as anyone who picked those as their New Year's resolutions knows.

In the past 10 years, Baker has treated more than 5,000 people with substance-use disorders, some addicted to heroin, others to cocaine, and still others to tobacco.

"The worst is nicotine," he asserts. "The reward for a dose of nicotine is powerfully reinforced. The release of the pleasure hormone dopamine is very sharp and very quick.

"If you're injecting heroin, you might shoot up four times a day and have four spikes--from euphoria to discomfort to withdrawal. With crack, you might do it 10 to 20 times a day. If you smoke 20 cigarettes a day, and every time you inhale you get a dose, that could be as many as 200 per day. And it's the same with any substance that's smoked."

Granted, pot has value when used medicinally, and there are those who argue that marijuana--whose primary psychoactive ingredient is the chemical THC, or delta-9-tetrahydrocannabinol--isn't addictive. But even casual smokers of pot or tobacco face health consequences.

MATTHEW, A 33-YEAR-OLD local carpenter, doesn't smoke cigarettes but will have a joint or two almost every night after work. (Despite the fact that B.C. has a large population of marijuana smokers, not a single user contacted by the Straight--except high-profile pot advocate Marc Emery--was willing to have his or her full name published.) Matthew, who's been using pot regularly since his early 20s, is reluctant to say he's addicted, comparing his love of home-grown marijuana to another's appreciation of a fine Cabernet. "Being in Vancouver, not smoking pot would be like living in France and not drinking the wine," he says in a phone interview. Smoking pot helps him relax and have peaceful sleeps, he says, but he admits he worries about the long-term health effects.

"Obviously being in that state provides some kind of comfort, or else I wouldn't keep going back," Matthew says. "But smoking anything, even in moderation--I don't care if it's organic or not--over a long period of time does concern me. I feel good when I'm not smoking, no question. I have more energy; I'm more on the ball. It does slow you down a bit; the high-grade stuff dulls the mind. You get a residual hangover."

Emery, who heads the B.C. Marijuana Party and says he consumes about four grams of pot a day via joints or a bong, stresses that he has no health concerns whatsoever.

"I haven't seen any negative ramifications, and I've been smoking for 26 years," Emery says in a phone interview. "When doctors say, falsely, that THC leads to cancer, there is no empirical evidence.

"The only downside," he adds, "is that if I smoke late at night, it makes me hungry, so I can't get to sleep very readily."

According to the Canadian Health Network, however, smoking marijuana can lead to chronic coughing and lung infections. The May 15, 1997, issue of Annals of Internal Medicine reported that marijuana contains about 480 substances, including tar and other chemicals and irritants; some say the carcinogens in marijuana are stronger than those in tobacco, while others argue the opposite. The health network says that people who smoke pot and tobacco may develop lung, neck, and head cancers at a younger age than those who smoke cigarettes only. The independent Washington, DC-based Institute of Medicine of the National Academies states that even medical marijuana should not be smoked on a long-term basis (more than six months) because of potential lung damage, cancer risk, and poor pregnancy outcomes.

The Canadian Health Network also states that regular pot use in adolescence may have a detrimental effect on brain development, especially in the area that provides the ability to concentrate. The Canadian Centre on Substance Abuse claims that the use of cannabis may bring about the onset of schizophrenia in some people with a predisposition. Regular use may impair male fertility; scientists from the University of Buffalo School of Medicine in New York presented research at the 2003 annual meeting of the American Society of Reproductive Medicine showing that the sperm of pot smokers travel in fewer numbers than those of nonusers.

Although the so-called gateway effect--which has it that marijuana use (particularly in adolescence) leads to the consumption of other, harder drugs--is hotly contested, even by groups like the Institute of Medicine, it's one theory that Baker believes in. "Show me an adult with a cocaine habit and I'll show you someone who was 84 times as likely to have abused marijuana," he says. "Does everyone who smokes marijuana in adolescence go on to use cocaine? No, of course not, just as not everyone who goes in the water drowns. But with increased exposure and usage, the prevalence of substance dependence goes up.

"If people develop an addiction, they generally don't stay with marijuana," Baker adds. "They might go back to alcohol or add pills or they'll chip away at marijuana then replace it with something else, like gambling, the Internet, sex, shopping. It's like changing seats on the Titanic."

Other potential health consequences come from the toxins some marijuana growers use to eliminate pests and prevent plants from rotting. According to Marijuana-Seeds.Net, fungicide is frequently used to combat mould, while the best way to get rid of spider mites, which are the most common plague in marijuana cultivation, is with insecticides. "Always stop using pesticides a few weeks before harvest, otherwise, you'll be smoking some of the poison later," the site says. To this possibility, many smokers are oblivious.

By contrast, the harmful additives and carcinogens in cigarettes are well-known. They include formaldehyde, hydrogen cyanide, carbon monoxide, ammonia, nitrogen oxides, and benzene. The Canadian Cancer Society states that more than 47,000 Canadians, including 5,600 people in B.C., die each year as a result of tobacco-related illnesses such as lung, throat, and oral cancer, stroke, heart disease, and emphysema.

Matt Pinch, who works as a promoter in the music industry, started smoking when he was 14; by 16 he was up to two or three packs a week. Now 29, he stopped smoking, for the third time, last August. He says daily tasks like writing or driving are among the triggers that make him want to reach for a smoke.

"I would say that from that very first cigarette, nicotine had a hold on me," Pinch says in a phone interview. "Not a single day goes by that I don't have a physical craving.

"In my early 20s, I started to look at mortality a little differently," he adds. "I started to see I could die from this. And the government raising taxes really helped me. I was up to three-and-a-half, four packs a week; at eight bucks a pack... Then there's coughing up phlegm and all the stuff that comes out of your chest.

"When you wake up and realize that this thing, this stick, is controlling your life, that's wrong."

Pinch is quick to emphasize that his opinions on quitting smoking are just that: opinions. He says he hates it when nonsmokers force their views on other people. And there's no question that smoking is a politically charged subject.

Victoria was the first city in Canada to pass aggressive antismoking laws, as local writer Barbara McLintock describes in her new book, Smoke-Free: How One City Successfully Banned Smoking in all Indoor Public Places (Granville Island Publishing, $19.95). Now, the Canadian Cancer Society's B.C. and Yukon branch is urging the Liberal government to implement a provincewide ban on smoking in public areas--a move that Alberta Premier Ralph Klein flat-out refuses to consider in his province.

Last September, the Canadian Tobacco Manufacturers' Council funded an on-line smokers' association called mychoice.ca. The group claims that adult smokers are tired of social stigmatization, never mind increasing taxes.

Tobacco giant Philip Morris, which sells cigarettes in more than 160 countries, has developed a youth-prevention program. "Because of the serious health effects of our products, we believe we must stop children from smoking," the company's Web site says. But most manufacturers' selling tactics are focused squarely on young people. Girls are especially vulnerable because so many use smoking to lose or maintain weight. Camel has even introduced flavoured cigarettes, like Winter MochaMint and Warm Winter Toffee.

BAKER DESCRIBES ADDICTION as a brain disease, an "invisible disability" that has biological, psychological, and social components. Making matters more challenging is that people with substance-use disorders often have other conditions, like chronic pain, depression, or sleep disturbances. "These are all fixable," Baker says. "You just have to find what pieces of the puzzle are missing for each individual."

A common myth about people who can't quit their drug of choice is that they are noncompliers with personality problems, Baker says. Contributing to his own addiction was never having learned how to resolve conflict or express or experience emotions like fear and anger.

"People who develop addictions aren't good at comforting themselves," he explains. "At the treatment centre, I learned a lot from other people. Show me someone with addiction and I'll show you someone who doesn't know how to set boundaries."

A study conducted by the Bethesda, Maryland-based National Institute on Drug Abuse and published in the February 2004 issue of Cognitive Brain Research found that people prone to anger and aggression may be predisposed to develop a nicotine addiction and to express more of the mood consequences involved in quitting than those with more relaxed, happy personalities. Genes could also play a role. Headed by California Institute of Technology scholar Andrew Tapper, a study published in Science last November found that a mutation in a particular nicotinic-acetylcholine receptor in the brain lowered the threshold of nicotine dependence in mice.

When it comes to cigarettes, there are all kinds of approaches to quitting, from hypnotherapy to acupuncture. Newer local initiatives include the Canadian Gay, Lesbian, Bisexual and Transgender/Transsexual Mass Media Tobacco Reduction Campaign, which is operated by the West Coast Gay Men's Health Project and Vancouver Coastal Health and which targets 19- to 35-year-olds. On May 3, the Knowledge Network will launch Kick Butt, its own reality series that will follow five smokers in their attempts to quit.

Baker maintains that the more a patient likes and trusts his doctor, the better his adherence to treatment will be. Clearly, part of what sets him apart from health professionals who have never experienced addiction themselves or who have little patience for those who struggle with it is empathy.

"I was very annoyed at my medical training," Baker says. "No one had explained the neurobiological aspect of addiction, the cognitive distortions, treatment, what one has to do to recover, relapse prevention."

According to Baker, chances of recovery are best when treatment combines pharmacological approaches (like the nicotine patch, gum, or bupropion), psychotherapy, and social and family support. Quitting cold turkey has the lowest success rate.

However, determination also plays a crucial role. "Ninety percent of people quit using willpower," Baker says. He encourages those wanting to stop to do a "costbenefits analysis" of smoking versus not smoking. "Until the costs outweigh the benefits, they won't do it." He adds that when it comes to giving up nicotine, the first two weeks are the toughest.

"The brain is going to resist brutally. Your IQ temporarily drops; you're irritable; it interferes with judgment and thinking."

But simple steps will take cravings away, like taking a deep breath; chewing on "low-cal, crunchy things"; keeping something in your mouth, like a piece of a cinnamon stick; or having a drink of cold water. Exercise helps too, because it releases endorphins.

"You'll feel terrible, but it's only temporary," Baker says of cravings. "Within 24 hours of quitting, your cardiovascular [-disease] risk decreases." Within 72 hours, lung capacity increases; within two weeks to three months, circulation improves and lung function increases; and within six months, coughing, sinus congestion, fatigue, and shortness of breath improve.

Baker says giving up marijuana can be more complicated, given the commonly held notions that the substance is neither harmful nor addictive.

"An adult who continues smoking marijuana is saying, 'My drug is so important to me that I will risk my job, my reputation, my ability to leave the country, my relationship with my wife and family.' That level of compulsion requires more extensive help, but treatment is essentially identical."

For tobacco and marijuana smokers, Baker encourages going to 12-step programs and support groups. He'd like to see family doctors play a more active role in helping patients quit and offering follow-up visits. And he advises smokers to follow this acronym: CARESS, which involves developing coping skills, including learning to set boundaries; being accountable (especially to others, so tell friends and coworkers about your plan to quit); taking responsibility (instead of denying you have a problem or blaming others for it); education; social support; and spirituality.

And this is coming from someone who's been there.

http://www.straight.com/content.cfm?id=7680


Happy to be back with Boreyko, butt... -MB

      Smoke law aside, Russian composer enjoying his visit
       Morley Walker Tuesday, February 1st, 2005
      MUSIC is a subject of great passion for Russia's Leonid  Desyatnikov.
      But there's an urgent topic that gets the distinguished guest composer at the Centara Corp. International New Music Festival hot under the collar.
      Winnipeg's draconian no-smoking laws.
      "This is supposed to be a democracy," Desyatnikov said over an espresso, but minus his customary cigarette, yesterday morning in the Fairmont Hotel.
      "Smokers are a minority. Democracies respect minorities. This is a contradiction. It is not politically correct."
      Other than having to puff outside, the St. Petersburg-based artist is having a fine time at the Winnipeg Symphony Orchestra's signature event, which runs through Friday at the Centennial Concert Hall.
      He is always happy to hang out with Andrey Boreyko, the WSO's  music director. The pair have been friends since their music conservatory days 30 years ago in what was then Leningrad.
      "He was a handsome teenager -- and talented," said Desyatnikov, 49. "I'm very impressed with what he has done."
      Boreyko commissioned Desyatnikov's choral symphony Rite of Winter  1949 for his previous orchestra in Jena, Germany, in 1999. He conducted
it again at the NMF's opening concert Saturday. 
      Boreyko was also the original conductor in Switzerland in 2000 for Desyatnikov's 40-minute concerto The Russian Seasons, which the WSO will perform in the second half of tomorrow night's NMF program. Concertmaster Gwen Hoebig and Russian soprano Yana Ivanilova, another Boreyko  favourite, are the featured soloists.
      In Friday's closing NMF concert, the WSO will perform a shorter Desyatnikov piece, Sunset, which he originally wrote as a score for a 1987 film. It was Boreyko, again, who suggested his friend rework it for  orchestral use.
      "I'm grateful for all he has done for my music," he says. "He's wonderful."
      Which isn't to say that Desyatnikov is without other admirers.  The Latvian violinist Gidon Kremer and his string ensemble Kremerata  Baltica have played several of his works, which are noted for their melody  and accessibility. He enjoys a busy career as a composer of film  soundtracks in Russia, and he has written several operas.
      His latest, Rosenthal's Kids, opens March 23 in Moscow at the famed Bolshoi Theatre. The librettist is the controversial avant-garde writer Vladimir Sorokin, whose previous novel, Blue Fat, incited a notorious witchhunt in Russia in 2002 over its supposed pornographic content.
      This trip marks Desyatnikov's third to North America. In 1997, he travelled with Kremer to several American cities, as well as Vancouver, as the transcriptionist of an Astor Piazzolla opera.
      Two years later, he returned to the U.S. as a juror for the Cleveland Piano Competition.
      The oldest son of three children, Desyatnikov was born in Kharkov in Ukraine to Jewish parents who did not practise their religion. His musical ear was detected early, though his parents were not musicians, and by age eight he was studying piano. Two years later, he was already writing his own music.
      "I knew very early that I would be a composer," says Desyatnikov,  who is single and without children. "Being a performer and being a composer are different things, and I can't understand what it takes to be a  performer."
      A self-described agoraphobic, Desyatnikov says he spends most of  his time holed up in his St. Petersburg flat, painstakingly writing  music. Consequently, the turbulent political and economic climate of the post-Communist era is not the main theme of his work, which quotes numerous eras of European composition.
      "In Canada, perhaps life is a little boring," he says. "If you like extreme tourism, you should come to Russia and live for a while.  It's very interesting."

www.winnipegfreepress.com


Nicotine patches on the NHS for pupils  -UK

RICHARD GRAY Jan 30/05

SCHOOLCHILDREN will receive free nicotine patches in a controversial bid to reduce Scotland’s appalling level of underage smoking.
Children as young as 14 will be targeted under the £180,000 Lottery-funded scheme, the first of its kind north of the Border.
The project - to be piloted in Lanarkshire - will train school pupils to counsel their friends off cigarettes and to recommend whether the smokers need nicotine replacement therapy (NRT) to help them quit.
Adult anti-smoking coordinators will then decide whether to put the youngsters on courses of nicotine patches, gum or tablets. Teenage smokers from schools and youth centres in Lanarkshire will be targeted when it starts later this year.
"Smoking is one of the primary killers in Lanarkshire, accounting for about 46% of all cancer deaths," said Tom Bryce, general manager of Airdrie Local Health Care Co-operative, which is organising the project.
"The areas we are focusing upon are particularly deprived and so there are high numbers of young people who smoke.
"Despite the many problems they face, a lot of them can be very responsible about giving up smoking when given help.
"Nicotine Replacement Therapy will be prescribed, but at the heart of the project will be other teenagers helping the youngsters through their addiction."
The two-year project has been funded by a £180,000 grant from the Lottery’s National Opportunities Fund and health board officials are working with high schools and youth clubs in Airdrie, Hamilton, Coatbridge and East Kilbride to set up the scheme.
But some parents’ groups and experts fear adolescents may not be responsible enough to use powerful NRT drugs sensibly.
They fear many will continue to smoke while using nicotine patches, risking dangerously high doses of the addictive drug.
The sale and supply of nicotine replacement drugs such as patches are currently restricted to people over the age of 18 but doctors can prescribe the treatment to younger teenagers.
But Professor Ian Stolerman, a nicotine expert from the Institute of Psychiatry at Kings College London, warned the effects of using NRT on children is still widely unknown.
No evaluated trials of NRT have been carried out by pharmaceutical firms to test their safety or effectiveness on young people. "Laboratory studies suggest nicotine replacement therapy poses a much greater risk for children than for adults," Stolerman said.
"Children are much more susceptible to become dependent upon nicotine, so great care is needed in prescribing nicotine treatments to young people."
Heather Gordon, project manager for Parents Network Scotland, said: "This is a good idea provided there is a way of making sure the children don’t put on the patches and smoke at the same time."
Professor Barry Jones, an addiction expert at Glasgow University, also warned it is difficult to determine the effect of NRT on helping people quit.
He said: "The actual effects of NRT on children are largely unknown and are still subject to a lot of debate."
Officials in charge of the Lanarkshire project insist teenagers given NRT will be stringently monitored. If they are found to be having cigarettes on the sly, the treatment will be stopped.

http://scotlandonsunday.scotsman.com/index.cfm?id=114312005


Man died after smoking accident, inquest told IR

31 January 2005 16:46

The Offaly County Coroner has expressed concern that evidence has not emerged at an inquest today to explain who gave a 78-year-old man matches or a lighter before his clothes went on fire in a private nursing home.

Roderick Quinn, of Ballydaly, Ferbane in Co Offaly, died from shock after receiving severe burns at the Gallen Priory Nursing Home in Ferbane in July of last year.

At an inquest in Tullamore today his niece said that, although her uncle smoked and was receiving cigarettes from the nurses in the home, she presumed that he was given assistance to light the cigarettes by the staff and was supervised in the smoking room.

Coroner Brian Mahon said that the practice of giving a lighter or matches to a patient in these circumstances was one that should not happen.

He heard Mr Quinn - known to the staff as 'Roadey' - had a bad shake in his hand but was an independent man who smoked three or four cigarettes every day.

On the morning of 12 July last year nursing staff found Mr Quinn 'on fire' in the smoking room. He suffered burns to 50% of his body and died the next day in Tullamore General Hospital.

http://www.rte.ie/news/2005/0131/quinnr.html

*for ban damage.  If he was with others, and not in "smoking room" the staff could have helped him.


Passenger thrown out of running train
January 31, 2005 16:49 IST

Three passengers threw a 24-year-old man out of a running train on December 26, 2004, after he protested against their smoking in the compartment.

Amaresh Panda, who was travelling from Delhi in the Purushottam Express, had asked the three to stop smoking as it inconvenienced the other passengers. When the train left Bokaro railway station in Jharkhand at night, the men pushed Amaresh out of the train, his family said.

Amaresh, who suffered serious injuries, was spotted near the tracks the next morning by two men. They got him admitted to the Bokaro Steel General Hospital.

His family later shifted him to a nursing home in Bhubaneswar.

A case has been registered with the railway police at Bokaro.

http://in.rediff.com/news/2005/jan/31train.htm


Study: Smoking Harms Women More Than Men

Mon Jan 31, 2005 09:52 AM ET

AMSTERDAM (Reuters) - Cigarette smoking is more harmful to women than to men, cutting more than a decade off female smokers' life expectancy but much less for their male peers, Dutch government research suggested Monday.

Statistics agency CBS said a comparison of the numbers of Dutch who died of lung cancer in 2003 and smoking trends showed the habit cut a Dutch woman's life expectancy by 11 years, versus three for a man.

"Women who died from lung cancer were younger than men who died from the same cause. This means the harmful effects of smoking are more serious for women than for men," it said, but did not suggest a reason for the difference.

Cigarette smoking is believed to be one of the main causes of lung cancer as well as other cancers and lung diseases.

The CBS said a rise in lung cancer among Dutch women since the 1970s correlated with an increase in smoking by women.

On average, female lung cancer sufferers died at age 70 versus an average life expectancy for Dutch women of 81.

Male lung cancer sufferers lived to an age of 73 on average, compared with an average expectancy of 76 years for Dutch men.

The CBS said life expectancy for men in the Netherlands has increased by about five years since the 1970s as they have smoked less.

"The fall in cases of lung cancer among men can be attributed to their smoking habits," it said.

http://www.reuters.com/newsArticle.jhtml?type=healthNews&storyID=7485838

*critique to follow


DEADWOOD - State Sen. Jerry Apa, R-Lead, opened Saturday's legislative crackerbarrel session with assurances to South Dakota gun owners that revisions to the state's criminal codes will not damage their rights.

Senate bill 43, section 269 is supported by the National Rifle Association (NRA) and actually eases some of the bans on gun ownership that federal law imposes in cases of misdemeanor domestic violence, Apa pointed out.
"We've been getting a lot of grief from gun owners of South Dakota," Apa told more than 35 people gathered at Deadwood City Hall for the meeting.
He went on to say that state senators and representatives are getting cards and calls from those who incorrectly believe that SB43, Sec. 269, would take gun rights away.
The cards sent to legislators opposing the criminal code revisions are pre-printed, Apa said, and they are being distributed by what he termed as "the Lautenberg-sloggers" or those intensely opposed to any state backing of federal Lautenberg provisions. The federal law the South Dakota legislation would address is known as the Lautenberg 1996 Domestic Violence Offender Gun Ban, and it still carries the name of its primary sponsor U.S. Sen. Frank Lautenberg, D-N.J. The NRA continues its work to overturn the federal legislation which it terms "a horrid federal law" largely due to the lifetime ban on firearm ownership for those convicted of misdemeanor domestic violence.
In the meantime, the state criminal code revision addressed in SB43, Sec. 269, would allow bans on gun ownership imposed by the federal law to be lifted due to the state's restoration of gun ownership rights. Apa read a comparison of the two laws to illustrate his point. Under the Lautenberg law, the ban on gun ownership would be a lifetime ban following a domestic violence misdemeanor. Under SB43, Sec. 269, the same conviction would bring a one year ban on gun ownership. Violating the Lautenberg law is a felony; violating the rules in Sec. 269 would be a misdemeanor.
Rep. Tom Hills, R-Spearfish, also told Saturday's audience that he has heard from concerned gun owners. In a letter Hills is sending in reply to those concerns, the freshman legislator writes, "SB43, Sec. 269, provides relief from this harsh penalty (under Lautenberg) by proposing a one-year ban under South Dakota law. According to our attorney general's office, in practice, the Department of Justice defers to state law under their authority to recognize 'Restoration of Civil Rights' done at the state level."
Apa cautioned those considering donations to the group opposing the legislation as a limitation of gun rights to remember that though the group may be listed on the state lobbyists' list, it does not have 501-C3 non-profit status and because of this the group is not obligated to spend contributions for any certain purpose.
Rep. Chuck Turbiville, R-Deadwood, agreed that the gun bill has been a topic of much discussion, and went on to discuss the work he is doing in the two committees on which he serves. On the transportation and taxation committees, Turbiville said he keeps his eyes open for issues germane to Lawrence County and the district. He also discussed the proposed ban on smoking in workplaces and that there was a tremendous amount of opposition to that ban.
Hills said he voted for the amendment to the smoking ban in large part because he thought of how much he enjoys taking his 12-year-old grandson out to eat and he does not support smoking in restaurants. The amendment failed. The bill was tabled.
Turbiville mentioned that he thought the intent of the bill had been to prevent restaurants from purchasing malt liquor licenses in order to allow smoking in their establishments. Both representatives acknowledged that due to strong opposition to the smoking ban, the bill isn't likely to survive.
Audience member and Lead-Deadwood schools CEO Dr. Mitch Chapel commented that he is in favor of an expanded smoking ban. Chapel shared that his wife suffers from asthma and that makes it nearly impossible for them to go into casinos and enjoy "playing a few nickels" because the smoke is so bad. "I'm really in favor of it," Chapel told the legislators about the ban.
Turbiville also reported on SB61, which gives the South Dakota Science and Technology Authority limited authority to claim eminent domain for subsurface ownership rights for development of an underground lab in Lead. Apa added that those subsurface ownership rights would be strictly for scientific endeavors and that mining is prohibited under the legislation.
Hills and Turbiville mentioned that they were impressed with the amount of work that legislators do in Pierre and the caliber of those working on behalf of the citizens of South Dakota.

http://www.zwire.com/site/news.cfm?BRD=1300&dept_id=156923&newsid=13858589&PAG=461&rfi=9


At the Capitol, not everybody knows your name -MT

ByJason Mohr - IR Staff Writer - 1/31/05

At the Legislature, you don't always look folks in the eye. You read their nametag. During once- or twice-weekly trips to the Capitol, I've also run into folks whose names I already know: City of Helena and Lewis and Clark County officials and staff. (Mayor Jim Smith is there, too, but he says he's concentrating on his lobbying job.)

What's got local officials' attention?
For one, a Helena-to-Great Falls bike and pedestrian trail, using the Burlington Northern Santa Fe railroad route.
Although there are complaints of a $23 million "corporate giveaway" and possible environmental cleanup costs, the "Corridor of Discovery" could be quite a tourist boon, especially in the Wolf Creek-Craig area.
Clean Indoor Air ordinance defenders had smoke blown in their face last session, when legislators overrode Helena's popularly approved smoking ban.

This time around, the city lost a shot at patching up the ban, when the House of Representatives rejected jury trials for civil infractions. (City Judge Myron Pitch snuffed out the ordinance two years ago over this.)
Although legislators may again get in the middle, it's up to three judges to resolve "economic takings" and enforcement issues.
Though not necessarily an advocate, Helena City Manager Tim Burton thinks cities should be able to consider a local option sales tax. One bill allows a 4 percent tax with a public vote.
Sen. Dave Lewis, R-Helena, proposes to allow the formation of a tax increment financing (TIF) district to help pay for new Interstate 15 interchanges. Like the downtown Helena TIF, taxes from new development are set aside for specific improvements. Local officials say it would help bridge funding gaps that bog down projects. (They might need it; a Custer Avenue exit could cost $30 million.)
But some lawmakers are wary, saying a TIF district takes from schools and favors one development over another.
Growth bills aren't front-page drama, but legislation could paint the future of development here.
Among a volley of ideas, city officials favor proposed "quality growth areas," a Smart Growth concept designating likely areas of urban expansion. Impact fees — controversial in Gallatin County and some say applied under another name here — are again on the table.
-- Legislators are employees in need of job supervision, says Joel Blackwell, author of the grassroots lobbying handbook, "Personal Political Power."
Here's some tips for would-be power brokers:
1. You can have significant influence.
2. "Call the ones you can vote for." Or send a fax.
3. "What politicians want from you is to understand what your problem is and what you need to solve it...Be able to explain who will be hurt or helped."
4. "They won't back a losing issue and they can't build the consensus. That's your job."
5. "Once you've communicated, don't quit...follow up politely, respectfully and relentlessly until you get an answer. That means about once a week."
6. "Never show anger or try to threaten."
He can't promise you'll win. "But I can promise you will lose if you do nothing," Blackwell says. He's on the Web at www.JoelBlackwell.com.
-- This week, Great Falls plays host to President George W. Bush.
Security will be corset-like for No. 43. Compare that to John F. Kennedy's 1960 campaign visit to Helena.
A 1988 IR special recalled the details.
Local Democratic Party heavyweight Joe Reber wrote how he hosted the Massachusetts senator at his Floweree Street home, where 500 people crammed the front yard and 100 more waited in the street. Reber's daughters "were infatuated."
Kennedy later hitched a ride in Helena businessman Walter Marshall's "vintage red, white and blue station wagon." Marshall's accompanying cats and dogs "licked the senator's neck all the way to the airport."
"On the Record" appears on Mondays. Lob comments, criticism or kudos to city-county reporter
Jason Mohr at 447-4075 or jason.mohr@helenair.com.

http://www.helenair.com/articles/2005/01/31/helena/a09013105_02.txt


Judge allows smoking ban suit

LARAMIE -- Voters challenging a public vote in favor of a smoking control ordinance will be allowed to make their case in court that there were election irregularities that might have affected the outcome, 2nd District Judge Jeffrey Donnell ruled Wednesday.
Donnell, who has set a non-jury trial in the case for May 18-20, granted in part and denied in part a motion filed by the city to dismiss the legal challenge filed by eight voters. The ordinance is scheduled to go into effect April 6.
"Wonderful," said Sherri Derenzis, one of the eight challengers. "This means we still have a chance to make our case."
City Attorney Peggy Trent said she was "very, v


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