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Of Smoking, Bans, and Healthcare

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This entry was posted on 12/13/2006 3:37 AM and is filed under Health, Politics.

The following letters are real.  They were not altered in any way-except that I removed the name of the sender.  I simply copied them from my email inbox to this post.  I'll make a few comments after the letters...

6-20-06 e-mail:

Dear City Council Member,

I commend the City Council for its commitment to community well-being. However, I believe that to implement a smoking ban without grandfathering provisions is misguided and would have a very negative impact on the community, most particularly the elderly.

When implementing the Americans with Disabilities Act, one of the most important pieces of social legislation of our time, the federal government took the precaution of grandfathering in all existing businesses. This provided the social stability and continuity to allow communities to adjust gradually and created a win/win situation for all concerned. For the good of the entire community, I urge you to follow this precedent and the wisdom on which it was based.

From my years of social work in geriatrics and Public Health, I can assure you that there are many much more serious health problems than second hand tobacco smoke. One of these is social isolation. Another is alienation. Likewise, profound depression and disorientation can result when social change comes too quickly. While these and other problems could be talked about in conjunction with many populations and many issues, my immediate concern is with the elderly and the potential negative impact of a ban without grandfathering provisions on their ability to live independently.

The small restaurants in our community like Taffies, Sam's Café, Sammy's, and Carmen's are a godsend for the elderly. They provide a major, sometimes the only, source of nutrition and social interaction for the senior citizens that frequent them. Often the act of getting to and from their favorite restaurant is the only form of exercise, the only activity that our senior citizens engage in outside the home. If any of these restaurants were to close their doors as the result of a smoking ban, it would have a very negative impact on the quality of their lives and effect the ability of many to continue to live independently

Most of the local restaurants were not informed of the anti-ban petition drive. If they had been, the number of signatures would have been greater. I dropped a few copies of the petition off at Taffee's at noon the day before the Urbana City Council meeting. By 6 PM the next evening, more than 80 signatures were collected. Many of these were elderly. Many of these were non-smokers. I believe that if the public was aware of how these businesses and their patrons would suffer as a result of the ban, it would be universally in favor of grandfathering provisions.

For the sake of the senior citizens of this community, I urge you to grandfather in all existing restaurants and bars.

Sincerely, XXXXXXXXXXXXXXXX CEBS, MSW

7-11-06 e-mail:

I wanted to express some further concerns about the processes that went on with regard to the smoking ban.  There are three major areas that I feel are of concern.

The first concerns the rights of self-determination and how and why comprising the rights of self-determination of the small businesses will in the end undermine the freedoms, liberties, and rights of all American.  If you would like to explore the reasons that I know this to be true, I would be glad to elaborate.

The second concerns the Smoke Free Alliance and their panels of paid lobbyists for big business medicine.  In October, they were in the City Council actually threatening the council members.  Why was this issue even brought up again in less than a years time? And why were not only votes changed, but entire ethical positions on the concept of conflict of interest?

The medical industry is a very powerful and prestigious lobby, but usually when the public acts on its advice, we do not see the benefits that are promised and, in fact, conditions, medical and otherwise, often get worse.   For one small example, the cost of medical care has not become more affordable as the result of HMOs as was promised.  Medical care is now less available, not more.  The same is true for the health benefits of other policies that they have lobbied for.  Is this an issue that the council will be discussing this evening?  Is this an issue that you would like more information about? 

People are saying that the Smoke Free Alliance is not a grass roots effort but a group of unsuspecting pawns being used by the pharmaceutical industry.  The allegation is that their ads were paid for by a branch of the Cancer Society funded by a foundation that is in turn funded by a leader in pharmaceuticals.  Is this true? 

I have tried to get more people involved in advocating for themselves with regard to the smoking ban.  As one waiter put it, "They don't care what I have to say.  They only care about themselves."  Is this true?

As a citizens and taxpayer in this county, I have further concerns.  Would anyone like to hear them?  Some are health related, some are economic, some are related to concerns about liberty, self-determination, and the democratic process. 

Is there anyone on the city council interested in these concerns?  Does anyone feel that they are worth discussing further?

Thank you for your time.

Sincerely, XXXXXXXXXXXXXXXXXXX CEBS, MSW

Regarding second hand smoke, the Surgeon General has deemed it to be quite a serious health hazard.  You may read the report or a future Fact or Fiction column about it.

Here are a few questions to ponder.  Wouldn't the "health lobby" want you to smoke so that you eventually needed more healthcare?  Similarly, wouldn't the pharmaceutical lobby want you smoke so that they could sell you drugs when you get sick or in order to quiit?

I suppose the insurance lobby would want people to quit smoking or avoid second hand smoke to keep their costs down.  But, wouldn't they only want this if and because they thought that avoiding smoke would actually have a positive effect on people's health?

 

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Comments

    • 12/14/2006 9:51 AM Matt wrote:
      What is ironic about the first letter is that it attempts to be health-focused for the sake of the elderly (encouraging mobility, etc.), yet seems to see nothing wrong with the very same elderly being exposed to second-hand smoke (or perhaps even smoking, themselves?)

      I think the anti-ban folks were strongest when they were using the 'property rights' and 'individual choice' arguments. When they started trying to downplay - or even question - the second-hand smoke factor, they lost the ear of many people (myself included).

      The highly negative effects of smoking are well-proven. To think that inhaling second-hand smoke is somehow ok is not a logical next step. I mean, it's smoke for goodness sake.
      Reply to this
    • 12/14/2006 10:48 PM Rochelle Weber wrote:
      Dear Mr. Piroc: I am one of the people who spoke to the City and County Councils and I can assure you and the social worker who wrote the previous letter that none of the members of the C-U Smokefree Allicance are "paid lobbiests." I drove my own car to the meetings, paid for the gas myself, and testified on my own behalf as a citizen and a veteran who has difficulty breathing in public places where smoking is allowed. I am grateful for the legislation that was passed and for the fact that soon I will be able to spend an evening out without having to pop nitroglycerine pills on my way home. Would the other person care to tell me how inhaling second-hand smoke improves the lives of senior citizens? I really would like to know.
      Reply to this
      1. 12/15/2006 9:03 AM Matt wrote:
        Rochelle,

        I just wanted to say that I checked out your website and blog, and thought they were very interesting. You should update the blog!

        I, too, would like to know how the other person thinks that senior citizens' lives are improved by inhaling smoke (why do we even call it second-hand anymore?)
        Reply to this
    • 12/15/2006 10:22 AM CUObserver wrote:
      Councilman Pirok,
      I've often been surprised how both sides in the debate have made large errors in presenting their position. The people against the ban seem to lose their potential audience when they stray from the economics into trying to argue that secondhand smoke isn't harmful, while the people in favor of a ban lose their argument when they start trying to talk about the economics.

      It seems the most effective argument for each side would be:

      Oppposed to ban - The economics will hurt us. We've built our businesses and should be able to run them. We know what our customers want and we are delivering it.

      In favor of a ban - The science is clear. Secondhand smoke creates a real and serious health hazard for employees, patrons and even inspectors. In any other industry, this hazard would be unacceptable. In any other industry, compromising your workers safety or your customers safety in order to make a buck would be unacceptable.

      For me, when you look at the two strongest arguments each side has, then the course of action is clear. (And I commend you for voting how you did, especially given the amount of grief you were given for doing so.)
      Reply to this
    • 12/15/2006 1:47 PM Ken Pirok wrote:
      1. If you want to generate traffic on your blog, write about smoking bans.
      2. No paid lobbyists from either side contacted Champaign City Council Members about smoking issues. This also includes contact from "big tobacco" as well. The City Council was also accused of succumbing to the tobacco lobby by considering a law making teen tobacco possession illegal.
      3. A future installment of Fact or Fiction will analyze Champaign food and beverage tax data to learn the true effect on local business.
      Reply to this
      1. 12/15/2006 2:14 PM CUObserver wrote:
        In your future installment, can you also include how many licensees closed up shop (if any) and how many new licensees (if any) there are? Also, is there the potential for a business to under-report their sales in order to claim a loss of business? If so, then in the analysis, it might be good to see if all businesses lost money, or only a certain percentage of businesses.

        One thing I've noticed is that there does not seem to be a lot of squawking about the ban from restaurant owners (even the owner of Taffies was on the news saying that as long as it was across-the-board, he didn't have a complaint).
        Reply to this
    • 12/15/2006 2:55 PM Ken Pirok wrote:
      Measuring the true effect on business is a lesson in facts and fictions, itself. I won't be able to get sales data on individual businesses, but some will no doubt claim that their business is down.

      Likewise, if a business closes, some will claim that the smoking ban had something to do with it. This is already a favorite argument of opponents of smoking bans. They cite all kinds of bars that have closed in other cities. I can't help but think that these are places that would have closed anyway.

      On the other hand, Champaign and its attraction as a place to visit for entertainment is growing, so we should actually expect to see growth not just the same numbers.
      Reply to this
    • 12/18/2006 11:17 AM MattVarble wrote:
      "This also includes contact from "big tobacco" as well. The City Council was also accused of succumbing to the tobacco lobby by considering a law making teen tobacco possession illegal."

      Ken, I take exception to this. If that was stated, it was incorrect as the official position I recall was that the youth possession argument (coming from the Mayor himself) was strangely aligned with the position of tobacco organizations and lobbies as it seeks to shift the focus away from the retailers (suppliers) and punish the youth. Numerous studies dispute the effectiveness of a punitive youth ban on reducing overall smoking rates (as the Champaign ordinance only contained punishment and no alternative treatmnent provisions as a diversion to a hefty fine). I believe Nurse Ennen said something to the effect of "hitting them hard" to "teach them a lesson" referring to children.

      Additionally the youth possession ordinance was eerily similar to the ILBA's position on the issue whom was/is working through some advocates in C-U on this matter, so there isn't a total disconnect here. Similarly we were also working with the Illinois Lung Association for information.
      Reply to this
    • 12/18/2006 12:15 PM Ken Pirok wrote:
      Facts and fictions regarding Champaign youth smoking ordinance:

      1. Fact: The ordinance originated from requests of citizens and police officers, not from the mayor and not from any other source.

      2. Fact: Council Members, including myself, specifically commented that night about the need for issuing both warnings and educational programs to first-time offenders.

      3. Our goal was not necessarily to reduce the "overall smoking rate" with either the youth ordinance or the smoking ban. That would be a very nice effect, but it wasn't our stated goal. The youth possession ordinance simply closed a loophole in the law. I think most people would like it to be illegal for teens to possess tobacco, just like most people would like it to be illegal to smoke in a restaurant.
      Reply to this
    • 12/18/2006 4:10 PM Mattvarble wrote:
      Ken,

      I recall Vic McIntosh and the Mayor discussing a youth posession of tobacco ordinance far before Unit 4 made the big push following the fight at Centennial. In fact Scott Hays had talked with Vic McIntosh about it for quite awhile before it was a even a real proposal way back in September of 2005. The Mayor took credit on WDWS for proposing it, (which is no surprise) even if it did originate from Unit 4 and "Concerned citizens".

      Although you may have "discussed" the need for issuing both warnings and educational programs to first-time offenders, that was NOT and is not currently included in the ordinance as what stands today is purely a punitive instrument with a fine as the only remedy as there is not a codified alternative or earmarked educational component to it.

      I agree with you and I do think most people would like it to be illegal for teens to possess tobacco, just like most people would like it to be illegal to smoke in a restaurant. But I think the missing loophole here still exists, which is that there is no significant penalty (that I am aware of) for the mini-mart or gas station that sells the cigarettes to the underage kid. Why not include this and run an operation campus tap type program with tobacco sale to youth?
      Reply to this
    • 12/18/2006 7:47 PM Ken Pirok wrote:
      FACT: The issue of a Champaign youth tobacco possession ordinance came up WAY before September 2005. I first heard about it at a police-community dialogue, not from city staff or any elected official or from any lobbyist. (Actually, the comment I heard did come from a plain-clothed Champaign Police Officer who was in the audience-not part of the official group of presenters. Where it came from doesn't matter. The point is that the issue did not arise from nor was it ever discussed with any representative of any lobby on either side.)

      FACT: MANY laws (perhaps MOST criminal laws, traffic laws, and ordinance violations) have systems of warnings or education for offenders. The place for these is in policies and procedures and courts, not in the laws themselves. That's just how it works. It's efficient.
      Reply to this
    • 12/18/2006 10:56 PM Mattvarble wrote:
      Ok so can you assert that there is any diversionary program offered to first time offenders? That would be ideal. However the intent of legislature is hard to determine by a court when you don't codify it into the statute itself. As a legislator you do wield that authority to expressly state the intent of the statute when crafting a new law so it is applied in the manner you thought it should be when you created it (i.e. to not harshly punish a first time offense), however in this case the intent is not expressed and left up to interpretation of lawyers and the court system as you suggest. So if an offender comes across a harsh judge or prosecutor then they are left to their mercy instead of what the law intended.

      I personally don't think the courts are so efficient and doesn't (or shouldn't) surpass your wisdom, judgment, and intent as the creator of the ordinance. Thus I present a strict constructionist theory and (in my humble opinion) don't like the concept of an active judicial interpretation of the statute since that should be the elected official's role, not theirs.
      Reply to this
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