smoking rights

Monday, October 25, 2004

smokers fight back

Butt ban burns �MB, CA
Selkirk restaurant openly defies province�s non-smoking order

By Andrew Buck
Wednesday November 10, 2004

Selkirk Journal � Leslie Dumas and Finley Michaud have a message for the government of Manitoba: butt out.
Dumas and Michaud co-own Selkirk�s Finley�s Restaurant, which, as of last week, was the only Selkirk-area restaurant to publicly defy the province�s indoor smoking ban in public places.
The ashtrays were out at the pair�s Main Street restaurant, and a couple of patrons were putting them to use while Dumas and Michaud spoke about their decision last Tuesday.
�We�re doing this because they�re taking away our common law rights,� Dumas said, lighting a cigarette. �The government doesn�t have a right to take our ashtrays away.�
�Smoking is not a privilege,� Michaud added, �it�s a right.�
Dumas and Michaud have already received a warning from a provincial health inspector, but they say the prospect of a fine doesn�t scare them. In fact, they say, it�s exactly what they want � they�ve retained a Winnipeg lawyer to fight the new anti-smoking legislation on the grounds that it infringes on their common law rights.
�I need the fine in order to take this to the Court of Queen�s Bench,� Dumas said. Their lawyer has also been hired by other Manitoba businesses that have chosen to defy the smoking ban, including a Treherne hotel owner, they said.
�Smoking is not illegal,� Finley said. �Why don�t they go after the bars and tell people not to drink alcohol? It�s the same thing.�
If the province was serious about cutting down on smoking it would go to the root of the problem and attack big tobacco companies, Finley said.
�But they�ll never do that because they know they won�t get very far with them,� he said. The pair are prepared for a legal battle, Finley said, and plans for a benefit social are already in the works.
�We�re prepared to fight,� he said. �For how long? Until we beat it or they beat us. We�re not giving an inch.� The fee for first time offenders caught violating the ban ranges from a minimum of $500 to a $3,000 maximum.
In the meantime, Finley said the restaurant will continue to do business as usual, albeit at a quicker pace. Since the ban kicked in, Finley�s has seen an increase in new customers on top of its regulars.
Increased business
�Business has increased,� Dumas said, �we�re getting all of our regulars plus new people. Yesterday we had a lady from St. Agathe come up so she could have a smoke with her breakfast.� The restaurant�s guest book is also full of names.
�Smoking or non-smoking, our customers are supporting us,� Finley said. �About 75 per cent of our clientele are non-smokers, and they�re still coming here.�
Ultimately, the pair said, they�d like to see businesses across Manitoba return ashtrays to their tables en masse and force the government to call off the ban.
For those businesses that are observing the ban, the picture is a lot hazier. Brad Cyncora, who owns Brad�s Place in Selkirk, said his restaurant is feeling the heat.
�Our business has definitely dropped off by at least 20 per cent,� said Cyncora, who is observing the new butt ban. �I don�t smoke, so it doesn�t matter to me, but we�re supposed to be living in a democracy. Instead, they�re making rules and forcing them on us � where�s our choice?�
Though he�s not happy about the ban, Cyncora says he�ll still abide by it.
�It�s not fair, but it�s something the government has made a decision on, and the law is the law and you have to follow it.�
Smokers have also been forced to butt out a Gaffer�s Restaurant and Lounge in Lockport. The move is a small piece in series of government regulatory moves that have served to undermine the hospitality industry, Gaffer�s owner David Truthwaite said.
�(The ban) is what�s come into force and until there�s a collective movement to deal with this and other issues the hospitality industry is facing, it will be a wait-and-see thing.� While not a smoker himself, Truthwaite said businesses should have the option of offering smoking.
�This isn�t about smoking,� he said. �This is about the right of businesses to survive and the rights of individuals to have a place to smoke.�

http://selkirkjournal.com/story.php?id=121151

CLASS ACTION LAWSUIT REGISTRATION �ON,CA

October 21, 2004

October 23 - We have 25 Registrants so far

If that does not seem like many, consider this story from February 2004,
when just FOUR smokers attempted to get filed:

Justice Warren Winkler of the Ontario Superior Court said the multi-million dollar lawsuit, which accused Canada's three major tobacco makers of conspiring to hide the dangers of smoking, did not meet the legal test for class-action certification.

The plaintiffs appear to have little in common except they smoked, Winkler said in his 22-page decision.

"In essence, the plaintiffs seek certification of an amorphous group of people comprised of individuals of different ages, covering different decades, who knew different things concerning the risks inherent in smoking and who began to smoke for different reasons," the judge said.

Link to Registration Form

or YOU likely will not get your stolen Tobacco Taxes back when we win.
steve hartwell, director
www.SmokersRightsCanada.org

http://168.144.6.51/src//class-action-lawsuit.htm

Truth bends in war on drugs --Canada

By PAUL CAMPOS University of Colorado law professor
TORONTO - The University of Toronto has just played host to an important conference, titled "The Politics of Obesity," at which scholars from various academic disciplines examined the claim that North America is facing a health crisis because of increasing weight. The consensus was that we are not: a conclusion that will only surprise those who rely on diet doctors, rather than social scientists, for information on the topic.

America loves to export health hysteria, as illustrated by the comments of U.S. drug czar John Walters, who is upset by signs that Canada is implementing a rational policy in regard to marijuana. "The kind of marijuana coming from Canada is the crack of marijuana," Walters says. "It is dangerous. It is destructive."

Referring to recent Canadian legislation that has decriminalized possession of small amounts of marijuana, our drug czar fumed that "the political leadership in Canada has been utterly unable to come to grips with this. They're talking about legalization while Rome burns."

Rome is burning, according to Walters, because the marijuana being sold today is vastly more potent than that of a generation ago - as much as 30 times more powerful. "This isn't your parents' marijuana" (i.e., the kind smoked 20 years ago by a large proportion of the government officials who now prosecute the drug war), Walters warns our ever-vulnerable children.

Even by the abysmally low standards of truthfulness employed by public health officials in regard to drugs in general, and marijuana in particular, these statements are remarkable for their dishonesty. The claim that today's marijuana is 30 times more powerful than the schwag once enjoyed by our current leaders is true only in the Clintonian sense that it isn't 100 percent false.

This figure was produced by comparing the most powerful marijuana now available - which, because it is both extremely rare and extremely expensive, will only be smoked by a tiny handful of marijuana users - with the lowest-grade pot seized by police agencies 30 years ago: weed far weaker than that smoked by the average bell-bottomed Led Zeppelin fan.

The truth is that the average THC content of marijuana today (THC determines the drug's strength) is about 4.5 percent, as compared to about 3 percent a generation ago. Thus the claim that today's marijuana is 30 times stronger than the product Bill Clinton claims not to have inhaled exaggerates the situation by approximately 1,500 percent.

Even this understates the dishonesty of our drug warriors. There is no evidence that stronger marijuana leads those who use the drug to ingest more THC, or that it increases the very modest health risks associated with its use (indeed, the biggest health risk - smoke inhalation - is lessened by stronger marijuana, because it requires less smoking to produce the same effect).

Last week, the academic year got off to an all-too-familiar start when Samantha Spady, a 19-year-old Colorado State sophomore, was found dead in the lounge of a campus fraternity. She apparently drank herself to death - something that almost anyone can do with a bottle of vodka, and a fate that will befall many other college students before the year is done.

By contrast, an "overdose" of the "crack of marijuana" -the extremely rare and expensive stuff smoked by almost no one -will cause those who smoke it to fall asleep, and wake up a few hours later with a headache.

Tens of thousands of Americans are in prison today because we treat a drug that has never killed anyone as if it were far more dangerous than a drug that kills tens of thousands of Americans every year. Truth: the anti-drug-war drug.

http://www.polkonline.com/archives/index.shtml

Health fix may mean cuts �KY, USA
By Amanda York
Post Frankfort Bureau Chief
FRANKFORT -- The health insurance package approved by lawmakers last week means they'll have less money to spend on other state-funded projects when it comes time to pass a budget in February.

"Kentucky will have to arrange its priorities for the purpose of determining what projects and programs would be affected by an expenditure of that level," state Budget Director Brad Cowgill said.

Lawmakers decided in a special session to make health insurance less costly for state employees by spending approximately $200 million to fund it.

So far, the plan has worked.

Kentucky teachers are appeased for now and a strike planned to begin Wednesday is off. Gov. Ernie Fletcher called the special session when the high cost of the insurance plan he proposed created an outcry among teachers and state employees.

Both the House and Senate agreed on spending $172 million out of the general fund -- the source Kentucky uses for funding a myriad of programs including Medicaid and postsecondary education. Another $25 million will be spent from three sources: federal, restricted and road funds.

Deputy State Budget Director William Hintze said the road fund would likely supply about $5 million. The Transportation Cabinet already is overloaded with road projects it can't afford. The cabinet's budget and fiscal management director said efficiencies first would be achieved in house before any projects were delayed.

Legislators seem confident the health insurance plan can be financed through using predicted increases totaling up to $305 million in the state's revenue forecast. But Cowgill said the revenue increases projected for fiscal years 2004 and 2005 -- $139 million and $95 million respectively -- had already been factored into the spending plan.

What's left is $70 million and that's not available until fiscal year 2006, which starts July 1, 2005. State Rep. Harry Moberly, D-Richmond, on the night House Bill 1 passed through his chamber said he's confident Kentucky could pay for this plan.

"The money is available in the old and new revenue estimates," said Moberly, who chairs the House's budget committee. "The issue is what are your priorities. Are you going to spend the money on programs or people? We spent the money on our most precious resource -- people."

The plan received unanimous support in both chambers. Rep. Tom Kerr, R-Taylor Mill, said the money had to be spent so teachers could educate rather than worry about health coverage.

"We've got to make sure that we can offer our teachers and state employees benefits such as retirement and health insurance that at least makes it worth working in Kentucky," Kerr said noting that in Northern Kentucky teachers can easily make the choice to head to Ohio for more money.

Kentucky's financial situation is complex. For some time now, the state's been in a money crunch though recent forecasts indicate the economy is improving. Still, money paid out has grown, while new revenue has not. Efforts to raise revenue through gaming and a cigarette tax increase fell flat during this past session, which ended in gridlock when lawmakers couldn't agree on tax reform.

No adopted budget resulted in the postponement of road projects and capitol projects, including a special events arena for Northern Kentucky University and the expansion of the Edgewood campus of Gateway Community and Technical College. Fletcher currently is running the state on a spending plan he created that's being challenged in court. The spending plan, which will expire Dec. 31, is not impacted by the increase in funding for health insurance.

The state starts paying for the new health insurance plan Jan. 1, Cowgill said. Northern Kentucky University President James Votruba said he's concerned postsecondary education would end up taking more financial hits. NKU has already seen a 9 percent reduction in its base funding.

"Taking $172 million out of this budget puts stress on all who depend on the budget," Votruba said, though he expressed confidence that Gov. Fletcher understands the important role postsecondary education plays in economic development.

Still, Rep. Steve Nunn, R-Glasgow, predicts the coming session won't be an easy one.

"When we come back -- it's going to be a very difficult situation once again and we will be faced with a lot of tough decisions," Nunn said.

http://www.kypost.com/2004/10/25/budg102504.html

Reynolds American Posts $339M Profit in 3Q
PAUL NOWELL Posted on Mon, Oct. 25, 2004
Associated Press

CHARLOTTE, N.C. - Reynolds American Inc., the nation's second biggest cigarette maker reporting earnings for the first time since the combination of R.J. Reynolds and the U.S. operations of Brown & Williamson Tobacco, on Monday posted a third-quarter profit of $339 million, or $2.66 per share.

The maker of Winston, Camel, Salem and Lucky Strike cigarettes also boosted its earnings outlook for the full year.

The latest quarterly results compared with a loss of $3.5 billion, or $41.31 per share, in the July-September period last year. Those results included restructuring charges of $310 million and trademark and goodwill impairment charges of $3.59 billion, the company said.

Revenue rose to $1.87 billion in the quarter from $1.38 billion a year ago.

The Winston-Salem-based company said it expects operating income of $1.05 billion to $1.1 billion and net income of $765 million to $795 million, or $6.85 a share to $7.10 a share, for the full year.

But shares of Reynolds American were down 93 cents, or 1.4 percent, at $67.26 in afternoon trading on the New York Stock Exchange.

Reynolds American was created as a publicly traded holding company in July with the combination of the nation's No. 2 and No. 3 cigarette manufacturers, R.J. Reynolds Tobacco Co. and the domestic operations of Brown & Williamson and Lane Limited.

"Our third-quarter results and outlook for the year demonstrate the progress we continue to make in streamlining our cost structure and realizing the initial benefits of the business combination and Lane acquisition," said Susan Ivey, chief executive officer and president.

She said the company was "making excellent progress in developing a new brand-portfolio strategy."

The company will finalize the plan by the end of the year with plans to implement a new brand-portfolio strategy by early 2005, Ivey said.

Net income for the first nine months of this year was $612 million, or $6.16 per share, compared with a net loss of $3.3 billion, or $39.55 per share, during the first nine months of 2003.

Nine-month sales were $4.4 billion, up 10 percent compared with the prior-year period.

http://www.thestate.com/mld/thestate/business/10010783.htm

Echo to the rescue

Now a litter alley is given a clean up-UK

A LITTER-STREWN city alley has been cleaned up within hours of ECHO Action stepping in.

Traders on Great Charlotte Street had to contend with half-eaten takeaways, clothes, furniture and broken glass scattered outside their businesses.

The 150 yard service road running behind city centre Tess Riley's pub and JR's Bar and Grill was regularly covered in litter after weekly rubbish collections.

Despite repeated calls to Liverpool council little had been done, until ECHO Action got involved.

Trader Joe Fay of JR's Bar and Grill, got in touch after seeing coverage of the council's clampdown on litter bugs.

He said: "I have called the council at least 15 times to complain about this. Then I read in the ECHO about people getting fined for dropping cigarette butts and I got so frustrated."

Every Tuesday night more than 50 bags of rubbish from nearby student accommodation are left out for collection the following morning. But overnight homeless people and cats rifle through the rubbish.

Some companies who deliver to the businesses have refused to do so because they fear that discarded broken glass will damage their vehicles' tyres.

Mr Fay made his first call to Liverpool Direct about the problem in July.

Within hours of an ECHO Action call to the council a team of street cleaners was busy clearing up the mess.

And Liverpool council has pledged to find a permanent solution to the litter problem.

A spokesman said: "We met Mr Fay on Friday and we want to thank him for bringing this to our attention.

"We are also meeting the owners of the student accommodation to come up with a long-term solution for this problem."

Bar owner finally Gets Street cleaned up

Cigarette-smuggling driver set to lose van -UK

A VAN driver faces losing his vehicle after being caught with 200,000 duty-free cigarettes in the Lothians.
James McEwan, 36, of South Gyle Road, Edinburgh, was found guilty of the fraudulent evasion of duty totalling �33,549.44 on cigarettes and tobacco.
He will be sentenced in November 2004 and is now subject to a proceeds of crime investigation which could see him lose his van and any other assets linked to the crime.
On July 8, 2002 McEwan was intercepted by police officers and Customs in Loanhead whilst transporting more than 200,000 duty-free cigarettes and ten kilograms of hand-rolling tobacco in a transit van. Today, Customs� head of investigations in Scotland, Gordon Miller, said: "This operation shows the benefits of multi-agency working with Lothian and Borders Police.
"It also highlights our determination to crack down on a crime that takes cash away from schools and hospitals, and puts local shops out of business.
"We want people buying smuggled cigarettes to realise that the main profits from these illegal activities fund organised crime gangs.
"If you know of suspicious activities which may result from drug smuggling, call our 24-hour freephone 0800 59 5000, e-mail customs.confidential@hmce.gsi.gov.uk or fax free on 0800 5280 506."
The Proceeds of Crime Act which came into effect on 30 December 2002 gave Customs new key powers to crack down on smugglers, drug dealers and other criminals.
Customs are now able to seize cash and assets belonging to criminals to the financial value of the duty which they evaded.
The Act gave wide-ranging powers to Customs officials to seize assets from anyone committing any crime anywhere in the UK.
Previously, Customs could only seize money at the border and then only money linked to drugs.

http://news.scotsman.com/edinburgh.cfm?id=1236842004

Swedish health minister opposes anti-smoking campaign � google search line
EUobserver.com, Belgium - 10 hours ago
... minister of health, Morgan Johansson, has rejected a new EU anti-smoking campaign that calls on governments to put photographic warnings on cigarette packs to ...

http://www.euobserver.com/?sid=9&aid=17605

Recycled art contest deadline extended �FL, USA

By SANDI MARTIN
sandi.martin@newschief.com

WINTER HAVEN - Local cleanup group Keep Polk County Beautiful is having a hard time getting people excited about a couple of its contests.

Chalk the lack of interest in the second annual Recycled Sculpture Art and Public Service Announcement contests up to the hurricanes, said Lorrie Delk-Walker, executive director of the organization.

"Sign ups have been a little slow, and I think it's because of the hurricanes," Delk-Walker said.

So to get more students interested in entering the contest, the organization has extended the deadline.

The art contest is open to every public, private and home-schooled student in Polk County. In honor of America Recycles Day on Nov. 15, the recycled art contest encourages participants to create sculptures from things that would normally be thrown away or recycled.

The deadline for students and classes to register is Friday at 5 p.m. The sculptures will be displayed at the Eagle Ridge Mall from Nov. 6 through Nov. 13.

There will be three Best of Show prizes, one each for elementary, middle and high school entries. Those winners will be awarded $100 in savings bonds at the Keep Polk County Beautiful annual meeting and awards ceremony in May.

The public service announcement contest is also drawing few contestants.

"Our PSA contest is hurting even worse," Delk-Walker said. "We really need some schools to sign up for that."

This year's topic is on cigarette litter, and the preregistration deadline is Nov. 12 at 5 p.m.

All entries are due by 5 p.m. on Dec. 10. First, second and third prizes will be awarded for both middle and high school students, winning electronic prizes at the awards ceremony in May.

For more information about either contest, call Keep Polk County Beautiful at (863) 533-8423.

http://www.polkonline.com/stories/102504/loc_deadline.shtml

Judge: testimony by smokers' witnesses getting repetitive

By TRACY FIELDS Associated Press

MIAMI -- Testimony in the first class-action lawsuit by smokers to reach trial is starting to look familiar to the presiding judge.

In this second phase of the trial, plaintiffs' attorney Stanley Rosenblatt has called several witnesses who appeared on the smokers' behalf during the first phase. In July, after eight months of testimony, a jury found that cigarette smoking makes people sick and cigarette manufacturers deceived the public about the danger.

The jury is now hearing evidence about whether class representatives Frank Amodeo and Mary Farnan, both cancer victims, should be awarded compensatory damages. If the panel finds that they do, it could award hundreds of billions of dollars to about 500,000 sick Florida smokers.

Tobacco interests have expressed great concern about the industry's ability to handle such a financial blow.

On Thursday, attorneys argued about whether Dr. Ronald Davis should be allowed to testify. Lead editor of the surgeon general's 1988 report on nicotine addiction, he testified on that subject in October 1998, during phase one.

''When you are losing more and more of your legs and arms and you continue to smoke ... or if you have had your voice box removed and you have to breathe through a hole in your throat and you smoke through the hole in your throat, I can't imagine what is better evidence of the addictive nature of smoking,'' he said then.

Tobacco lawyers claimed Thursday that allowing another witness to speak on the subject would be repetitive.

''We really don't need another armchair expert on addiction,'' said Nedd Dodds.

Rosenblatt pointed out that Davis specializes in preventive medicine, and would be the first such expert heard from in the trial's penalty phase. He also noted that Davis had testified in the case of Patricia Henley, a Californian with inoperable lung cancer who was awarded multi-million dollar damages in February.

''They would do anything in their power to get rid of Dr. Ronald Davis,'' Rosenblatt said.

Circuit Judge Robert Kaye said he would allow Davis to testify Friday about addiction, but probably not about what caused Farnan's and Amodeo's illnesses.

''We are getting very similar testimony from a lot of people,'' he told Rosenblatt. ''It's beginning to show.''

http://www.polkonline.com/archives/index.shtml

Dirty air? Or dirty tricks? -US

By MICHAEL FUMENTO
Scripps Howard News Service Friday, June 25, 2004

How strange. The cleaner our air gets, the sicker we become. At this rate, when the air over Los Angeles becomes absolutely pure, we'll all keel right over. Or so you might believe from "Dirty Power, Dirty Air," a new report from a group called Clear the Air.

You might not think you're coughing and gasping for air, but, trust them - you are. In fact, "fine particle pollution (technically known as PM2.5) from U.S. power plants cuts short the lives of nearly 24,000 people each year, including 2,800 from lung cancer," says the report. And we're not talking about losing a few days, but rather an average of 14 years. Air pollution also causes more than 38,000 nonfatal heart attacks and more than half a million cases of asthma, it claims.

Better, it seems, to smoke four packs of Camels a day than live near a coal- or oil-fired plant. But letting just a little ray of sunshine come through that soot-blackened air, here's what we find.

Since 1970, the total national emissions of the six principal pollutants the Environmental Protection Agency tracks have been cut 48 percent, even as energy consumption increased 42 percent and the population increased 38 percent.

PM2.5 emissions have only been tracked since 1993, but by 2002 had fallen 17 percent. In terms of air quality, they have only been measured since 1998 but by 2003 had dropped eight percent.

This is bad news? We know that Clear the Air is playing pollution prevarication with asthma because even as dirty air levels plummeted, asthma incidence from 1980 to 1999 INCREASED by 83 percent according to the Centers for Disease Control and Prevention.

As to deaths, the report admits the numbers are extrapolated essentially from just two studies. Both were highly controversial and indeed I debunked them in a 1997 article that I later lengthened into the book "Polluted Science."

A 1993 analysis, partly funded by the EPA, was called The Harvard Six Cities Study because it compared PM2.5 levels and deaths among six municipalities. As it happens, four were of no use to the researchers; so it should have been called The Two Cities Study. Of those two, one had significantly higher PM2.5 levels and higher death rates. Voila! 'Twas fine particles that did the evil deed.

Yet among nonsmokers there was no statistically significant difference in deaths. Different smoking rates could have accounted for everything. Likewise, there was no significant difference in deaths if you excluded persons with occupational exposures to "gases, fumes, or dust."

In general, the Six Cities Study was a brilliant exercise in omission of "non-useful" information. The particulate hunters carefully excised from their data any personal habit, any occupational exposure and anything else that would result in anything other than their pre-determined conclusion. They then steadfastly refused to release their data - even to the EPA. They admitted they didn't want others to analyze them.

Carol Browner's EPA, essentially a taxpayer-supported environmentalist group, quickly grabbed onto the conclusion of the Six Cities Study, along with that of an equally skewed one from 1995 (with three of the same co-authors), to demand fine particle regulation. It got it. Yet a subsequent review of all PM studies found no evidence that anybody has ever died from particulates.

On the other hand, stricter emissions regulations inherently raise energy prices. If my utility bill increases, I'll grumble but I can afford it. It's the poor who will suffer, especially the elderly ones. They are most likely to turn off air conditioners during heat waves when the bills are the highest and their bodies can least adjust to the heat.

Last August in France, a mind-boggling 15,000 people died during a single heat wave.

By the standards of much of the U.S., temperatures weren't that high. But air conditioning is rare in France, even in hospitals and nursing homes. Why? Because taxes pushed by the French counterparts of Clear the Air drove up energy costs.

If Clear the Air gets its way, we'll be trading theoretical deaths derived through the use of smoke and mirrors for real deaths with real bodies. But until we eliminate that last piece of soot, apparently that's just the price they're willing to have us pay.

Michael Fumento (Fumento@pobox.com) is a senior fellow at Hudson Institute, in Washington and a nationally syndicated columnist with Scripps Howard News Service.

http://www.polkonline.com/archives/index.shtml

Posted at 3:12 pm by looped_ca
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how the economy is doing

-Consumers spent in Q2. - Canada

Consumers spent as much on alcoholic and non-alcoholic beverages and tobacco combined as they did on gasoline and oil - about $7.4 billion in April, May and June. The total tab for motor vehicles, parts and services was $21.7 billion. Health and personal-care products accounted for $7 billion, as did clothing, footwear and accessories. Prescription drugs took $3.8 billion. In total, $90.3 billion was spent in retail stores in the second quarter of 2004, up from $74 billion in the first quarter.

http://www.cbc.ca/cp/business/041023/b102308.html

Here are the casino results for the Ontario casinos. They stopped allowing smoking in July of this year.

First Quarter 2003/2004 (April - June) - Unaudited Results

Charity Casinos and Slots-at-Racetracks - Consolidated Figures

First Quarter 2003/04 Year to Date 2003/04

Gross Gaming Revenue $502,064,553 $502,064,553

Number of Patrons 656,666 (daily average) 6,326,078

Revenue to Track (10%) $38,840,917 $38,840,917

Revenue to Horse People (10%) $38,840,917 $38,840,917

Revenue to Municipalities* $17,766,409 $17,766,409

OLGC Payroll (estimated annual) $265,948,894

Number of OLGC Employees 6,982

Number of Slot Machines 11,380

Number of Tables 142

*5% gross from slot machines at charity casinos; 5% gross from slots up to 450 machines; 2% gross from slots over 450 at slots at racetracks.

http://corporate.olgc.ca/pdf/03_04_Q1_charity_slots.pdf

Charity Casinos and Slots-at-Racetracks - Consolidated Figures
First Quarter 2004/05		Year to Date 2004/05
Gross Gaming Revenue	$529,701,742		$529,701,742
Number of Patrons	72,629	(daily average)	6,609,221
Revenue to Track (10%)	$40,487,811		$40,487,811
Revenue to Horse People (10%)	$40,487,811		$40,487,811
Revenue to Municipalities*	$18,564,782		$18,564,782
OLGC Payroll (estimated annual)		$300,441,068
Number of OLGC Employees		7,420
Number of Slot Machines		12,033
Number of Tables		144

OLGC operates and manages the following 21 gaming facilities:

Brantford Charity Casino, Slots at Clinton Raceway, Slots at Dresden Raceway

Slots at Flamboro Downs, Slots at Fort Erie Race Track, Slots at Great Blue Heron Charity Casino**, Slots at Georgian Downs, Slots at Hanover Raceway, Slots at Hiawatha Horse Park

Slots at Kawartha Downs, Slots at Mohawk Racetrack, Point Edward Charity Casino

Slots at Rideau Carleton Raceway, Casino Sault Ste. Marie, Slots at Sudbury Downs

Thousand Islands Charity Casino, Thunder Bay Charity Casino, Slots at Windsor Raceway

Slots at Western Fair Raceway, Slots at Woodbine Racetrack, Slots at Woodstock Raceway

**Note:The Great Blue Heron Charity Casino is owned by the Mississaugas of Scugog Island First Nation

http://corporate.olgc.ca/pdf/04_05_Q1_charity_slots.pdf

First Quarter 2003/2004 (April - June) - Unaudited Results*

Commercial Casinos - Consolidated Figures

Windsor, Rama, Niagara

First Quarter 2003/04 Year to Date 2003/0

Gross Gaming Revenue $381,931,949 $381,931,949

Number of Patrons 38,056 (daily average) 3,463,060

Number of Slot Machines 8,438

Number of Gaming Tables 347

Number of Employees 11,801

* The fiscal year runs from April 1 - March 31.

Notes: As compensation for hosting a commercial casino, the host cities of Windsor and Niagara Falls, each receive

$2.6 million annually for ten years, followed by $3 million annually for the next ten years.

The Ontario Government receives 20% of gross gaming revenue from commercial casinos and 100% of net profits from

Casino Windsor and Casino Niagara. Net revenues from Casino Rama are distributed to Ontario's First Nations for economic,

community development, health and education.

http://corporate.olgc.ca/pdf/03_04_Q1_commercial.pdf

First Quarter 2004/2005 (April - June) - Unaudited Results*
Commercial Casinos - Consolidated Figures
Windsor, Rama, Consolidated Niagara
First Quarter		2004/05ear to Date 2004/05
Gross Gaming Revenue	$355,627,536		$355,627,536
Number of Patrons	47,450	(daily average)	3,750,191
Number of Slot Machines		11,049
Number of Gaming Tables		437
Number of Employees		13,749
* The fiscal year runs from April 1 - March 31.
Notes: As compensation for hosting a commercial casino, the host cities of Windsor and Niagara Falls, each receive
$2.6 million annually for ten years, followed by $3 million annually for the next ten years.
The Ontario Government receives 20% of gross gaming revenue from commercial casinos and 100% of net profits from
Casino Windsor and Casino Niagara. Net revenues from Casino Rama are distributed to Ontario's First Nations for economic,
community development, health and education.

http://corporate.olgc.ca/pdf/04_05_Q1_commercial.pdf

*they have a smoking ban for two years now

Chief Medical Officer of Health takes action to protect health of Muskoka-Parry Sound residents

Proposed Legislation Would Give Ontario's Top Doctor More Power To Protect Public Health

Ministry of Health and Long-Term Care

TORONTO, Oct. 14 /CNW/ - The McGuinty government is moving forward with making Ontario's Chief Medical Officer of Health independent to improve public health protection in the province, Minister of Health and Long-Term Care George Smitherman announced today.

"In the event of a health crisis, Ontarians want to know that their Chief Medical Officer is free of political concerns and interference," said

Smitherman. "An independent CMOH will be able to put the health and safety of Ontarians first."

Smitherman will introduce in the legislature today amendments to the Health Protection and Promotion Act. The proposed amendments follow

recommendations made by the Expert Panel on SARS and Infectious Disease Control, as well as those by Justice Archie Campbell in his interim report on the SARS crisis. Both reports called for the Chief Medical Officer of Health to report to the legislature annually on the state of the province's public health, and to have the authority to make other reports to Ontarians whenever necessary.

"We want to make sure that the Chief Medical Officer of Health is free to speak directly to the people of Ontario and to act in the best interest of

public health and safety," said Smitherman. "This is something we promised to do during the last election, and the Campbell and Walker reports offered valuable direction on the best way to do that."

If passed, these amendments would transfer powers and authority from the Health Minister to the Chief Medical Officer of Health, who would be able to act to protect the public in the event of a health crisis without any political interference. There would also be a rigorous and transparent

recruitment process that would see future Chief Medical Officers of Health appointed to a five-year term by the legislature.

"I am delighted to see that this proposed legislation is consistent with the recommendations in our report," said Dr. David Walker, who headed up the Expert Panel on SARS and Infectious Disease Control. "Ontarians can now be confident that their top doctor has the power, and the independence, to devote his or herself to the job of safeguarding the health and safety of the province."

Consistent with the approaches proposed by both Justice Campbell and Dr. Walker, the CMOH would also serve as Assistant Deputy Minister, allowing for an active leadership role in setting public health policy and overseeing operations of the ministry's public health division.

This news release is available on our website at:

http://www.health.gov.on.ca

Assessors Report on the Muskoka-Parry Sound Health Unit -ON,CA

Pursuant to Section 82(3) Health Protection and Promotion Act

Graham W. S. Scott, Q.C. Assessor

October 20, 2004

Executive Summary

1. Appointment

On July 12, 2004, I was appointed Assessor for the Muskoka-Parry Sound Health Unit pursuant to Section 82(3) of the Health Protection and Promotion Act, R.S.O. 1997, c.30 Schedule D, s. 11.

The assessment was requested as a result of growing concern with regard to governance and operations of the Muskoka-Parry Sound Health Unit.

2. The Delivery and Funding of Public Health

The Health Protection and Promotion Act ("HPPA") attempts to create a regime which constitutes a fine balancing act between the role of the government in establishing a comprehensive public health program for the province, while at the same time devolving the funding requirements and program delivery to the municipalities.

Accountability for the discharge of these crucial public services is divided among :

the provincial government which determines mandatory programs and services which must be delivered by every local public health unit;

the Chief Medical Officer of Health for Ontario;

the Medical Officer of Health for each health unit who has extensive statutory powers and responsibilities quite independently of any reporting relationship with the local Board of Health and who is required under s. 67 to report directly to the Board on issues relating to public health concerns and to public health programs and services under the HPPA and all other provincial statutes; and

the local Boards of Health

The key to the success of this relationship lies in the effectiveness of the Board of Health. The municipally dominated Board must recognize that they are responsible for the quality and success of the mandatory health programs and in the execution of these duties they are largely reliant on their Medical Officer of Health ("MOH"). The MOH is responsible to the Board for both medical and administrative matters under the HPPA (Section 67). The MOH position is both demanding and pivotal in the provincial-municipal interface. The MOH must ensure the development of a budget that is sufficient to meet the public health needs while administering a health unit that is efficient, and cost effective. This leadership by the MOH and the policy and approval oversight by the Board should provide the local municipalities and their residents with assurance that the public health is protected and that their public health programs are delivered at a reasonable cost to their taxpayers.

Like all balancing acts, there must be both a reasonable measure of respect and understanding between the parties particularly the relationship between the MOH and the Board.

Executive Summary continued >>

The full report is available for download in PDF format, below :

EXECUTIVE SUMMARY
Operation Health Protection :
An Action Plan to Prevent Threats to our Health and to Promote a Healthy Ontario
10 pages | 58 K | PDF format

FULL REPORT
Assessors Report on the Muskoka-Parry Sound Health Unit

McGuinty government moves to enhance independence of Chief Medical Officer of Health

Proposed Legislation Would Give Ontario's Top Doctor More Power To Protect Public Health

TORONTO, Oct. 14 /CNW/ - The McGuinty government is moving forward with

making Ontario's Chief Medical Officer of Health independent to improve public

health protection in the province, Minister of Health and Long-Term Care

George Smitherman announced today.

"In the event of a health crisis, Ontarians want to know that their Chief

Medical Officer is free of political concerns and interference," said

Smitherman. "An independent CMOH will be able to put the health and safety of

Ontarians first."

Smitherman will introduce in the legislature today amendments to the

Health Protection and Promotion Act. The proposed amendments follow

recommendations made by the Expert Panel on SARS and Infectious Disease

Control, as well as those by Justice Archie Campbell in his interim report on

the SARS crisis. Both reports called for the Chief Medical Officer of Health

to report to the legislature annually on the state of the province's public

health, and to have the authority to make other reports to Ontarians whenever

necessary.

"We want to make sure that the Chief Medical Officer of Health is free to

speak directly to the people of Ontario and to act in the best interest of

public health and safety," said Smitherman. "This is something we promised to

do during the last election, and the Campbell and Walker reports offered

valuable direction on the best way to do that."

If passed, these amendments would transfer powers and authority from the

Health Minister to the Chief Medical Officer of Health, who would be able to

act to protect the public in the event of a health crisis without any

political interference. There would also be a rigorous and transparent

recruitment process that would see future Chief Medical Officers of Health

appointed to a five-year term by the legislature.

"I am delighted to see that this proposed legislation is consistent with

the recommendations in our report," said Dr. David Walker, who headed up the

Expert Panel on SARS and Infectious Disease Control. "Ontarians can now be

confident that their top doctor has the power, and the independence, to devote

his or herself to the job of safeguarding the health and safety of the

provi

Posted at 11:13 am by looped_ca
Make a comment

Sunday, October 24, 2004

what was found today

Nothing 'light' or 'mild' about lawsuit -AB, CA

By Mindelle Jacobs -- For the Edmonton Sun

Just like the labels on cigarette packages, Ottawa continues to take a light and mild approach to protecting the health of Canadians.

The tobacco industry is misleading smokers by advertising certain cigarettes as being less dangerous than others. And three years after promising to ban the "light" and "mild" descriptors, the feds haven't made a move.

Now the fallout of that political stalling is emerging in the form of a lawsuit over the light and mild labels. A B.C. man is suing Imperial Tobacco, alleging that the company promoted the brands even though it knew they were as dangerous as regular cigarettes.

As part of its defence, Imperial Tobacco is alleging that if there's any liability, it's the government's fault because Ottawa encouraged the tobacco industry to lower tar and nicotine levels.

If the judge decides the case can go ahead as a class action suit, a win by the plaintiff - and by extension anyone in B.C. who has ever bought light and mild cigarettes - would mean a massive award in damages.

In Illinois, for instance, a court ordered Philip Morris to pay $10.1 billion in damages in a light and mild case. (The matter heads to an appeal court next month.)

Now that Ottawa has been dragged into the B.C. suit, it finds itself in the uncomfortable situation of trying to get the case dropped - instead of championing the fight against Big Tobacco.

The optics may not look good but the government has "certain legal responsibilities," says Ken Polk, spokesman for Health Minister Ujjal Dosanjh.

In other words, Ottawa doesn't want to be on the hook for millions of dollars in damages in the event the government is found liable.

Already, the government is smarting over the implication of the headline of the Globe and Mail story on the suit last week.

"Ottawa sides with Big Tobacco in court," it said.

Not true, says Justice Department spokesman Patrick Charette.

"We're not siding with Imperial Tobacco," he says. "They've brought us into this and now we have to defend ourselves."

The class action suit is far too broadly defined, he says, adding the government hopes to get the case quashed.

None of this explains, however, why Ottawa never bothered to ban light and mild labelling as former health minister Allan Rock promised in 2001.

"We believe that the use of descriptors such as "light" and "mild" on tobacco product packaging is confusing smokers and misleading them to believe that these products are less harmful to their health," Rock said three years ago.

Nothing happened. He subsequently left the portfolio and the next health minister, Anne McLellan, left the matter alone.

Tobacco manufacturers aren't required to use the light and mild labels, by the way. The regulations don't address the issue. Yet the industry persists in using the terms even though such promotion is misleading.

A tobacco company lawyer admitted as much last month in a racketeering case against the industry in Washington.

"There is no such thing as a safe cigarette, be it labelled low tar or light," the Philip Morris lawyer testified. "We sell a dangerous product."

Les Hagen, executive director of Action on Smoking and Health, says it's "abysmal" that Ottawa still hasn't banned the light and mild labels.

"There is no question that this is one of the biggest consumer frauds in history," he says.

The government shouldn't be cowed by the possibility Big Tobacco will launch a charter challenge if light and mild packaging is banned, he adds.

"They chickened out. That's the bottom line," he says. "It smells very bad."

The European Community has already banned light and mild labels, notes Rob Cunningham, senior policy analyst with the Canadian Cancer Society.

Ottawa should launch a counter-claim against Imperial Tobacco to press its case, he adds.

Instead, it appears the government is running scared.

Is the tail wagging the dog?

http://www.canoe.ca/NewsStand/Columnists/Edmonton/Mindelle_Jacobs/2004/10/24/682590.html

My letter to the editor, and forum of valley times.ca -Drumheller, AB, CA

In Drumheller there were 1,530 votes on the no side against the smoking bylaw and 1,183 votes on the yes side for the smoking bylaw. Since it was such a close vote, the new council will look again at the smoke free aspect.

Considering there was a snow storm I think it was good that 2713 residents decided to vote. There are approx. 6300 people in the city. This means that the election got a better (over 43%) turn out then the federal election does normally. I am surprised the mayor still wants to debate the smoking ban issue. Does this mean that the vote meant nothing, because the mayor doesn't agree with your opinions?

It seems apparent that the mayor would like to legislate, not allow people to express their opinions. The public

still can have the option to have a say on the issue by voting with their money if they don't agree with the

allowance of smoking in places they go to. Just don't spend money. This smoking issue is more about changing the smokers habits then it is about the health issue. Second hand smoke is not as dangerous as car exhaust on the lungs. I would rather sit in a room with 10 smokers then I would sit in that same room with just 1 car running. Now put this in perspective. Are the Cancer Society and council doing much about the larger danger of car exhaust?

Why are they spending millions on prohibitive bylaws that don't affect all of the population? I say this because there are always options for people. Yet the mayor wants to mandate that the business owners, and public, didn't speak loud enough. How loud do people need to be in order to say an opinion? It seems the mayor needs a reality check in order to hear the voters. I suggest you talk, or go to the next council meeting I to make your voice clearly heard. The vote meant nothing to the mayor. The vote was for or against the bylaw, not do you want it to be less restrictive.

"The people have spoken," said Mayor Paul Ainscough. "I think it was more how it was brought up than the smoke-free aspect. I think there is a good chance that council will bring it up again and modify it to make it less restrictive."

Gold medalist lights

fire for cigarettes

Have a smoke, then go for a run?

Olympic hurdling gold medalist Liu Xiang signed a deal to endorse China�s biggest cigarette maker, Baisha Group.

�Everyone likes Liu Xiang and hopes he will �soar� higher and faster, and maintain his sunny, healthy, progressive image,� Baisha chief executive officer Lu Ping said, according to the company�s Web site Thursday.

Liu is appearing in print advertisements and television commercials.

Liu, a Shanghai native won, the 110-meter hurdles at the Athens Games � the first Chinese man to win gold in a short-distance Olympic track event. China won a national-record 32 gold medals in Athens, setting off a frenzy among marketers seeking sports heroes to endorse their products.

Liu, a 21-year-old East China Normal University student, has been among the most sought-after.

http://www.detnews.com/2004/moresports/0410/24/d02-313519.htm

Doyen of Formula One is facing a revolt from his business partners

October 24, 2004 by Alex Duff
Madrid - Bernie Ecclestone, the 73-year-old former used-car dealer who became a billionaire by managing Formula One motor racing, faces a revolt by business partners and team owners that may end his grip on the sport after 23 years.
Bayerische Landesbank, Lehman Brothers Holdings and JPMorgan Chase, which hold 75 percent of the company that owns Formula One's commercial rights, filed a suit in London on March 1, disputing two directors Ecclestone had named to run Formula One's controlling organisation.
Teams backed by Fiat and DaimlerChrysler are threatening to start their own series, and Ford is withdrawing from Formula One racing

.At stake is an estimated $1 billion (R6.2 billion) in television and sponsorship revenue generated by the world's most-watched motor sport, with a worldwide TV audience of 162 million viewers for each race. Ecclestone helped build Formula One's reach from six European races in 1950 to 18 races on five continents.
"If you want to win in Formula One, you have to get involved in a spending race," says Nav Sidhu, a spokesperson for Jaguar Racing. "There's been an explosion in the costs and at some point the bubble is going to burst." - Bloomberg

http://www.busrep.co.za/index.php?fSectionId=&fArticleId=2272255

Restaurateurs take stand against no-smoking law �GA, USA

By Jay Jones

CONYERS � The Rockdale County Board of Commissioners (BOC) may put a hold on enacting the recently approved no-smoking ordinance after a group of restaurant owners told them Friday that the law could run them out of business.
About 20 people, mostly restaurant owners, spoke during the BOC work session and told the commissioners the no-smoking ordinance could cut their business by 30-40 percent by driving smoking patrons to Newton County, where there is no ordinance against smoking in public places.
The group framed its argument as a freedom of choice issue and asked the BOC to amend the ordinance. One recommendation offered was to exempt restaurants from the law if 60 percent of revenue came from food and they meet clean air standards through the use and maintenance of air filtration systems. Another suggestion was posting notices outside of restaurants warning the public that tobacco products are used inside.
Bill Jones, owner of 3rd Base Sports Grill and group spokesman, said smoking is just one of many unhealthy factors people come into contact with daily and argued that the BOC cannot protect the public from all of them.
�I acknowledge that it�s an issue, I acknowledge there�s a way to deal with it and I acknowledge to everybody that there are no absolutes,� said Jones. �The government cannot make us safe. A smoke-free Rockdale cannot keep us living until we are 90.�
The commissioners passed a county-wide prohibition on smoking in public places last month. The city of Conyers adopted a nearly identical ordinance. The law prohibits smoking in all public places and places of employment. The smoking restriction includes �all enclosed areas,� including restaurants and business offices, according to the ordinance.
After the meeting, the commissioners seriously considered delaying the ordinance�s implementation until the first of the year to study the issue further. Rockdale County Chairman Norman Wheeler said he would speak with Conyers Mayor Randy Mills by Monday to coordinate with the city�s no-smoking ordinance. The city�s ordinance will require another vote before implementation due to a technicality in the manner it was first approved. That vote is scheduled for Thursday, Oct. 28.
http://www.rockdalecitizen.net/archive/2004/1915.htm

Monument offers help to stop student smoking �MA, USA

By Ellen G. Lahr Berkshire Eagle Staff

GREAT BARRINGTON -- Monument Mountain Regional High School Principal Marianne Young has unveiled an action plan for addressing student smoking addiction, with a goal of reducing the school's dropout rate and improving attendance.

At the Berkshire Hills Regional School Committee meeting Thursday, she proposed focusing attention on attendance problems caused by smoking at school and on improving intervention efforts.

"We need to understand that we are dealing with addiction ... [and] smoking students are often in a cycle of conflict," she told the committee.

Student smokers may be late to class because they have stepped out for a cigarette, a frustration to teachers and other staff who must dole out detentions or internal or external suspensions, she said.

Some students do not willingly accept the consequences, she said, because they have jobs or lack transportation at the 5 p.m. dismissal time for an in-school suspension, and the cycle continues.

Young said she hopes to break the stereotype of student smokers and to keep them from dropping out because of a nicotine habit. If students want to quit smoking, the school should help, she said, since it already provides on-site counseling weekly for students with drug and alcohol problems.

Of the 13 students who have dropped out of Monument since 2002, 10 were smokers. It's not clear if that's why they left school, Young said, but it may be easier to gauge whether smoking affects academic performance.

"Is there anything we can do to keep these students?" she asked, suggesting that helping them deal with the anxiety and stress that makes them need a cigarette could be a start.

Smoking by anyone on school property is against the law, and the school must impose penalties. But Monument has a "closed campus," which means that students can't leave the property during school hours, not even for lunch.

Young met recently with about 30 students who have identified themselves as nicotine-addicted.

"One of the hallmarks of Monument is that students have a voice. They can say if they think something is unfair," she said. "These are wonderful people who are addicted to nicotine."

The problem of student smoking in school bathrooms has been eased since students have been told that the penalties will be lessened if they respect the rights of nonsmokers and go outdoors, Young said. Still, there's a punishment involved.

School Committee members commended Young for acknowledging the problem in "an open, straightforward and productive manner."

Searles eyes math, MCAS

The board voted unanimously to endorse each of the three schools' action plans.

Ellen G. Lahr can be reached at elahr@berkshireeagle.com or at (413) 528-3660.

http://www.berkshireeagle.com/Stories/0,1413,101~7516~2486634,00.html

* In many studies they skew figures one study lump all support together when the question was: Do you support a total smoking ban, partial ban, or no ban. They then said that majority behind very strict bylaw. Yet only 20% said they wanted total ban. (done by Cancer Society)

Majority of Kiwis support plan to stub out smoking in bars �NZ

By AMIE RICHARDSON24 October 2004
Seven out of 10 New Zealanders support banning smoking in restaurants and clubs, according to a new poll.

A Sunday Star-Times/BRC poll found 70% of respondents favoured stubbing out smoking in the country's restaurants and bars, 28% did not support the ban and 2% were undecided.

Women supported the change more (72% in favour and 26% against) compared to men (68% for and 30% against), while the 30-59 age group showed greatest support for the ban (72% for, 27% against).

The Smoke-free Environments (Enhanced Protection) Amendment Bill will be imposed on December 10, banning smoking from all workplaces, including pubs, clubs and casinos.

ASH director Becky Freeman said she was pleased, but not surprised, the majority of New Zealanders supported the ban - "because the majority of New Zealanders don't smoke".

"I think it's a positive result. December 10 will be a day of celebration."

http://www.stuff.co.nz/stuff/0,2106,3074436a11,00.html

Armed robbers terrorize family for 20 minutes �CA, USA

By LEROY STANDISH/Staff Writer Sunday, October 24, 2004

APPLE VALLEY -- It was a minute before closing time and 22-year-old Ahed Alsamour Heidi was at the cash register of her family run store, the Kiowa Market.

Her 51-year-old mother was outside smoking a cigarette and her brother, 26, was in the back turning off the lights.

"And then a guy came with a gun," Heidi said. "One of them ran to the end of the store to get my brother and the other told me to lay down on the floor."

Both men brandished weapons, one a Tec-9 assault-pistol, according to the San Bernardino County Sheriff's Department. Heidi said she hit the silent alarm and complied with the masked men's orders.

"The floor was so cold I was shaking," Heidi said. "When you see a gun on someone else you love that is very scary."

Heidi is the only one of her family who speaks English and had to translate the robbers orders to her relatives.

"It was so scary," she said. "They didn't want to move until everything was under control. The gun was on my brother's head, the other was on my mom's head."

The masked men ordered Heidi to open the register, then they took all three employees to a bathroom in the back and tied the door shut with electrical wire.

Meanwhile, San Bernardino County sheriff's deputies surrounded the store in the 12000 block of Kiowa Road. About 20 minutes passed as the robbers took their time looting the store, unaware deputies were waiting outside.

"I heard them and they were walking around in the store, but I can't do anything," Heidi said.

The men loaded up on bottles of liquor, cell phones, calling cards, boxes of cigars and $200 in cash, according to Heidi and the sheriff's department.

Eventually the bandits realized that deputies were outside. Both dashed out the back door and one was immediately captured. The other made an about-face and ran out the front door into the waiting arms of deputies.

Sheriff's deputies said they arrested Loumyron Spikes, 22, and Lealbert Roland Jenkins, 18. Both Apple Valley men were booked into the West Valley Detention Center on suspicion of robbery, kidnapping and false imprisonment, according to deputies.

Despite the robbery, Heidi and her family opened up for business Saturday.

http://www.desertdispatch.com/2004/109863222498884.html

*yes they archive

Lynch: I�ll bring integrity to governor�s office- MI , USA

Editor�s note: Democratic gubernatorial candidate John Lynch recently took part in an editorial board interview with Foster�s Daily Democrat.

DOVER � While education and affordable health care are important issues, Democrat John Lynch believes he can bring "integrity" to the corner office, and that makes him the best candidate for governor.

So what�s a "modest increase?"

"In the range of 14 to 15 cents," Lynch said. "For that modest increase, it will end the angst and this constant litigation."

Lynch pointed out the House passed a cigarette tax increase to make up that $22 million shortfall, but under threat of veto from Benson, the proposal died.

"That�s not a decision I would have made," said Lynch, adding instead of the tobacco tax increasing property taxes rose instead.

As for taxes, Lynch, like Benson, has pledged to veto a sales or income tax. While the Benson campaign has attempted to paint the Democrat as a "tax and spender," Lynch said that is just not so.

"I said I would accept a modest increase in the cigarette tax. I don�t see the need for any other taxes," he said.

The candidate pointed to his business background as an example of holding the line on spending. As the CEO of Knoll, Inc., a high-end office furniture manufacturer based in Pennsylvania, Lynch was credited with turning the business around from a $50 million a year loser, to recording a profit of $240 million.

By taking the budgets at various departments at Knoll and starting at zero, he was able to build budgets which eliminated wastes and reduced costs. He believes he can do the same for the state of New Hampshire, even with the political minefield a governor must negotiate.

"I don�t see the need for new revenue. I think we need to decide for ourselves what the cost structure should be and build from there," he said.

On the health care front, Lynch said he would immediately repeal Senate Bill 110, the controversial new insurance rating law which went into effect this year.

SB 110 changed the way insurance companies set rates for small businesses. It repealed legislation introduced in 1994 by former state Sen. Jeanne Shaheen that disallowed using age, medical conditions and the kind of business being insured as factors in figuring rates.

The election is Nov. 2.

http://www.fosters.com/October_2004/10.23.04/news/pol_1023a.asp

Police investigate break-ins of two Rochester Getty stations �MI, USA
By JASON HOWE

Democrat Staff Writer

ROCHESTER � Evidence revealed Wednesday by police indicate the recent "cigarette burglaries" at two Getty gas stations are likely connected.

Police also said they have video of the suspect.

The robberies occurred Oct. 16 and Oct. 8 at Getty stations located at 17 Farmington Road and 74 Hancock St.

Nearly $3,000 in cigarettes were stolen from the two stores after using the same techniques to break into the buildings.

Police said they believe the suspect committed both robberies and are optimistic about the "many solid leads" obtaining during the investigation.

"Our investigation is still ongoing, but we�ve reviewed video evidence from each location and we feel we have a good start on determining where the suspect may be," Lt. Anne Gould said.

She said the tactics used to burglarize the stores, while uncreative, were very similar.

"In each case, the suspect used a rock to smash a window, then enter the stations and steal numerous cartons of cigarettes," Gould said.

The suspect made off with 28 cartons, valued at $738, from the Farmington Road station and 43 cartons, valued at $1999, from the Hancock Street location, according to police records.

Each burglary occurred between 1:30 a.m. and 3:30 a.m., but emergency lighting in the store illuminated the area enough to make the suspect visible.

The suspect is described as a white male between 20- and 30-years-old. He is between five-foot-six and five-foot-nine with a thin build and brown hair. Police said he also had either long sideburns or facial hair.

http://www4.fosters.com/October_2004/10.23.04/news/ro_1023c.asp

Attorney visits town to speak out against proposed state question �OK, USA
By Steve Biehn Staff Writer
Robert L. Shepherd, an attorney representing the Vote No on SQ713 Committee, visited Ardmore Friday to speak out against the proposed state question. The committee represents tobacco companies, convenience stores and other retail outlets. Shepherd has broad experience in tax enforcement and tobacco regulation.

"We're all opposed to Question 713, which would dramatically raise the taxes on tobacco," he said.

According to an Oklahoma Press Association analysis, the question would raise the tax on cigarettes by a net 55 cents on a pack and increase taxes on other tobacco products. The proposal would raise an estimated $150 to pay for a variety of health initiatives. The proposal would also make a permanent reduction in the top state income tax rate.

Shepherd said there is a "dark side" to the proposal, and the measure's approval would come with a variety of unintended consequences.

"It's a bad idea for government; it's a bad idea for business; it's a bad idea for people; and it's a bad idea for kids," he said. "These measures always bring in less money than has been predicted."

Shepherd predicted tax revenues will fall, tobacco smuggling will increase and smokers will change their purchasing habits.

"You can make more money smuggling cigarettes than you can smuggling drugs," he said.

Shepherd said only one half of one percent of the money raised will go into smoking cessation programs and that tobacco taxes are extremely regressive.

Shepherd said smokers will be more likely to go out of state or to Native American smokeshops to buy tobacco products if the measure passes which would hurt Oklahoma businesses.

"Convenience stores derive at least 30 percent of their business from people walking into the stores to buy tobacco," he said.

Shepherd said the risk of store burglaries would increase if cigarettes become more expensive. He also said cigarette smugglers would make cheap cigarettes available to children as well as adults.

"Health care is very important, and smoking cessation is very important" he said. "But this is not the right way to do this."

Steve Biehn, 221-6546 steve.biehn@ardmoreite.com

http://ardmoreite.com/stories/102404/loc_1024040078.shtml

Local jury awards smoker $240,000 �FL, USA

By WILLIAM R. LEVESQUE, Times Staff Writer
Published October 23, 2004

TAMPA - A Hillsborough jury this week awarded $240,000 to a smoker who said defective cigarettes sold by Philip Morris USA caused his lung cancer.

Jurors on Thursday returned a $600,000 verdict after a two-week trial. But they reduced that figure by 60 percent after deciding Ron Arnitz shared the blame for his smoking.

The verdict is the fourth against Big Tobacco in Tampa Bay area courts. The largest verdict was $3.2-million awarded to a Pinellas smoker in 2003.

Unlike many tobacco trials, Arnitz's case didn't hinge on allegations that a tobacco company tried to hide knowledge of the danger of smoking. Instead, Arnitz's attorney presented a simple product liability case.

Attorney Howard Acosta told jurors the method used to cure the tobacco, with propane, made the carcinogen found in the cigarettes 10 times more potent. He argued the addictive nature of the cigarettes made them defective.

Arnitz, 57, whose lawyers had not asked jurors for specific damages, said he was disappointed the award was not higher. But Arnitz, a smoker since he was 14, said he felt vindicated.

"I felt like I deserved more for what I suffered," said Arnitz, a Clearwater resident who said he is now cancer free. "If I had known back when I started smoking what I know now, I would never have touched a cigarette."

Philip Morris said it would appeal the verdict.

"We presented evidence that there is no safe cigarette, and the plaintiff's witnesses agreed," said William S. Ohlemeyer, Philip Morris USA vice president and associate general counsel. "We frankly believe this verdict was based on erroneous legal rulings and improper jury instructions, and that should form the basis of a successful appeal."

Acosta is the one who alerted Arnitz to his potential health problem.

In early 2000, Acosta visited a Hillsborough furniture store where Arnitz was manager to buy a leather sofa and love seat. As Arnitz completed the sales receipt, Acosta noticed he had clubbed fingers, red and bulbous.

He told

Posted at 5:50 pm by looped_ca
Make a comment

what was found today

Nothing 'light' or 'mild' about lawsuit -AB, CA

By Mindelle Jacobs -- For the Edmonton Sun

Just like the labels on cigarette packages, Ottawa continues to take a light and mild approach to protecting the health of Canadians.

As part of its defence, Imperial Tobacco is alleging that if there's any liability, it's the government's fault because Ottawa encouraged the tobacco industry to lower tar and nicotine levels.

In Illinois, for instance, a court ordered Philip Morris to pay $10.1 billion in damages in a light and mild case. (The matter heads to an appeal court next month.)

Now that Ottawa has been dragged into the B.C. suit, it finds itself in the uncomfortable situation of trying to get the case dropped - instead of championing the fight against Big Tobacco.

The optics may not look good but the government has "certain legal responsibilities," says Ken Polk, spokesman for Health Minister Ujjal Dosanjh.

In other words, Ottawa doesn't want to be on the hook for millions of dollars in damages in the event the government is found liable.

Already, the government is smarting over the implication of the headline of the Globe and Mail story on the suit last week.

"Ottawa sides with Big Tobacco in court," it said.

Not true, says Justice Department spokesman Patrick Charette.

"We're not siding with Imperial Tobacco," he says. "They've brought us into this and now we have to defend ourselves."

The class action suit is far too broadly defined, he says, adding the government hopes to get the case quashed.

Posted at 5:49 pm by looped_ca

Saturday, October 23, 2004

What was Found

Hamilton's public health officials are poised to charge a number of businesses for violating the city's no-smoking bylaw.

Since June 1, when the municipality's stricter no-smoking bylaw went into effect, the health department has issued 76 tickets to about 14 businesses who consider themselves "private clubs" for violating the city's no-smoking bylaw, said Stan Yung, manager of the city's Health Protection branch.

Most of the establishments, he said, are in Hamilton, with one located in the rural area.

The bylaw has easier regulations if a business is a private club.

But Mr. Yung said other private clubs, such as the Royal Canadian Legion, do comply with the bylaw when they hold functions.

"The investigation is on going," he said. "We have been busy during the summer."

On June 1, smoking was prohibited in all places, except for businesses that created designated smoking rooms.

Meanwhile, the health department bylaw officers will be out in force conducting a "blitz" over the next few weeks to educate and warn owners of bars and restaurants about prohibiting smoking in enclosed spaces.

During the summer bars and restaurants avoided building designated smoking rooms by allowing patrons to smoke on patios. To get around the bylaw, some bars and restaurants created patios using fences, cutting out a wall and extending the bar to the outside or putting up a temporary roof.

Mr. Yung said his staff have examined all the bars and restaurants in the city that have patios since the tougher no-smoking restrictions went into effect in June.

If any owners of bars and restaurants attempt to create a patio where there wasn't one before, Mr. Yung's staff will know about it.

Bar and restaurant owners need permission from the city to build a patio, said Mr. Yung. He said if not, a patio could block a fire exit, or the structure could damage the existing building.

"Once they have the okay (from the city), they need to get a building permit, he said.

City officials acknowledge the definition of a patio in Hamilton's bylaw is "vague" which is one reason bylaw officials and planning officials met this week to establish proper definitions of a patio.

Some municipalities across the province define a patio differently than Hamilton does, for instance using square footage as a guideline. Hamilton defines a patio as a space with a roof and two walls.

"There should be no third wall," he said.

Overall, Mr. Yung said the compliance rate for bars and restaurants in Hamilton has been high, with owners following the stricter guidelines.

"We are very pleased with the compliance rate," he said.

City officials will be sending owners a letter reminding them of the restrictions on patios respecting the no-smoking regulations, he said.

"As we get the colder weather, we want to re-inform owners that the bylaw is still in effect," said Mr. Yung. "We are checking everybody."

Hamilton is expected to go smoke-free by June 1, 2008 when designated smoking rooms are eliminated.

The Liberal government has promised it will introduce a bill in the legislature to establish a no-smoking policy for the entire province.

"Right now there is no standard," said Mr. Yung.

"We are expecting the province to ban or sunset the no-smoking policy across the province."

rules still in effect