St. Charles County Council to Consider Smoking Ban Monday Night
Smoke-free bills appear deadlocked at 3-3; possibility of an initiative petition looms over the meeting.
The proposed St. Charles County smoking ban is likely to suffer a setback Monday night. Three council members support the countywide smoke-free ordinance and three members are opposed.
Council member Paul Wynn, R-District 4, likely will be out of town and unable to vote. Wynn has also adamantly opposed smoke-free laws.
A tie would send council members back to the drawing board or some residents out to begin gathering signatures for an initiative petition.
Councilwoman Nancy Matheny, R-District 3, said she has heard plenty from both sides of the issue over the past two weeks.
“It always seems like more than it really is—I’ve probably had about 50 (phone calls and emails),” said Matheny, of Weldon Spring.
Last spring, Matheny supported a smoking ban bill introduced by Councilman Joe Cronin, R-District 1. That bill, which was vetoed by County Executive Steve Ehlmann, had several exemptions for businesses, including the casino. However, when Cronin re-introduced the smoking ban, it had fewer exemptions and it separated out a casino exemption in a separate bill.
“I don’t think I changed my vote,” Matheny said. “I am in favor of a smoking ban.”
She said that as things stand now, the ban would hurt too many people, affecting the city of St. Charles, school districts and casino employees and other businesses.
“Mostly, it’s the inequity,” Matheny said. “If we can’t do it statewide, as the County Executive says, it just picks winners and losers. You would have St. Louis County operating under one set of rules and St. Charles County under another set of rules. We need to have the same rules in a region at the very least.”
She noted that Ameristar Casino invested $100 million in its St. Charles facility.
“We voted back in the ‘90s to have them come in here. I don’t think we can just throw them under the bus now,” Matheny said.
Taking the initiative?
One possibility hanging over the heads of council members is an initiative petition.
Stacy Reliford, field government relations director of the American Cancer Society in St. Louis, said it’s too soon to say whether St. Charles County residents will start an initiative petition drive to change the county charter assuming the smoking measure fails Monday.
“I don’t think there’s been any final decision on that,” Reliford said. “You never know what’s going to happen in politics. The group will be prudent in its actions.”
She said with the oncoming holiday season, the group is unlikely to take any immediate action.
A middle road?
In fact, Matheny said the council might not be done exploring variations on the smoking ban.
“We have not sat down and discussed a smoking ban as a council,” Matheny said.
She said there might be a middle-of-the-road proposal acceptable both to county council members and the county executive.
One possibility would be banning smoking in restaurants, but not bars or the casino—essentially banning smoking in any establishment that admits people under age 21.
“Most bars and the casino don’t allow anyone under 21 anyway, she said.
However, Reliford said that those who support a smoke-free St. Charles County would oppose a law that applies only to establishments that allow children or those under age 21.
“People 21 and older are affected by secondhand smoke,” Reliford said. “Plus, places that have that rule end up having enforcement issues because people are confused about which places have smoking bans.”
“At the end of the day, there’s no public health benefit because not every place is smoke free,” Reliford added.
BillHannegan
4:23 pm on Monday, November 28, 2011
The latest survey by the Missouri Department of Health and Senior Services found that only 30 percent of St. Charles County residents favor a total ban on smoking in bars.
Elizabeth
9:07 pm on Monday, November 28, 2011
It must be lonely for people like Reliford, who think they should control what other people decide to do. If you don't want to be around smoke, then don't. It really is THAT simple, people. Don't take a job where there is smoking. Don't eat at restaurants where there is smoking and don't go to bars where there is smoking. If you would follow those simple guidelines, guess what! You wouldn't be exposed to second hand smoke. It's not rocket science!
Martin Pion
3:07 pm on Thursday, December 1, 2011
It's a public health issue which has become deliberately confused by arguments having nothing to do with public health.
We can thank Big Tobacco and its present-day surrogates for that.
As for this being a statewide issue, there has always been far too much opposition fro entrenched tobacco interests to get more than a token statewide law, which is what we have now. That law doesn't require a single place in the state to be smoke-free.
I know because initially Missouri GASP, of which I'm president, worked hard for many years at the state level and finally gave up and instead concentrated on local ordinances, which has proved to be far more successful.
(For more information please see MoGASP's blog at mogasp.wordpress.com)
Martin Pion
Elizabeth
3:34 pm on Friday, December 2, 2011
It ceases to be a "public" issue once you are on private property. I challenge you to name a single public place where smoking indoor is allowed. Once you are on my private property, you have CHOSEN to be there. If you would like to avoid smoking, then you should CHOOSE to vacate my property. Likewise if you want to protect the "public" from smoking then you should encourage them to CHOOSE to not go to onto PRIVATE property where smoking is allowed. Ban smoking on all the PUBLIC property you want. That would be property owned by the government, and by proxy, the taxpayers. Private property is owned by individuals, not the government or taxpayers. We can thank the Constitution for that!
Martin Pion
5:01 pm on Sunday, December 4, 2011
The above comment by Elizabeth, disputing that local government can legislate on smoking on private property, repeats a deliberate lie. If it were true then no safety and health laws, such as those relating to building codes or food handling, would exist. Once an entity engages in commerce, and either invites the public in or has employees, it is subject to all sorts of laws and regulations designed to promote the public good and protect public health and welfare. Some of those laws have met resistance, such as those relating to secondhand smoke, to which the tobacco industry objected for decades because of their feared impact on smoking profits. Now it's people like Elizabeth who continue this charade.
Elizabeth
7:44 am on Monday, December 5, 2011
The above reply by Mr. Pion repeats a deliberate lie that it is the government's responsibility to tell you how to live your life. The flaw in his argument that smoking bans are akin to building codes or health codes is that in either of those cases, the patrons are not privy to the information to make an informed choice. For example, food handling. When you enter a restaurant, you have no idea what established rules the owners have for their business or employees, you can't see into the kitchen, you can't make an informed choice on whether or not the business is being run to your standards, therefore the government stepped in and established guidelines. Smoking is not tantamount to food handling. When you open the door (or in some cases, printed clearly on the door) you can tell immediately whether or not smoking takes place on the property. Instantly, you have the option, CHOICE, to turn around and find an establishment that shares your choice. The same with building codes. The government regulates standards that can't be made clearly obvious to potential patrons. Smoking, is BLATANTLY obvious and patrons have the option to CHOOSE whether or not to enter.
Elizabeth
7:45 am on Monday, December 5, 2011
Mr. Pion also deftly fails to acknowledge how much influence Big Pharma has in anti-smoking campaigns. Tell me Mr Pion, how is big tobacco spending money to allow people to smoke any more of a "charade" than RJW (Johnson & Johnson's) promoting ANTI-smoking? RJW is the "philanthropic" arm of Johnson & Johnson's in case readers don't know. It should be noted that J & J are the makers of Nicoderm and Nicorette. So, a smoking sessation product manufacturer spends money on promoting ANTI smoking campaigns. When bans go into effect, a large percentage of smokers decide that if they aren't allowed to smoke, they might as well try to quite. Who would benefit from an influx of new smokers trying to quit, I wonder? Hmmmm, I find that very interesting. What say you, Mr. Pion?
Martin Pion
10:19 am on Monday, December 5, 2011
Elizabeth, It would be nice if you wouldn't hide behind anonymity but regardless, your arguments are ones I've seen repeated over and over by smoke-free air opponents. They have no basis in logic. And this whole conspiracy theory about Big Pharma is just that: a ploy to divert attention from the issue.
As to suggesting that with smoking you have a choice that doesn't apply to other issues of public safety, that is hollow. Patrons are not necessarily greeted by someone smoking immediately they enter an establishment, or other circumstances may apply, such as having a separate room where smoking is allowed.
The facts about SHS are well established, both as regards the sickness and death it causes, as well as its impact on those who are smoke-sensitive and have respiratory disabilities, such as asthmatics.
The US Surgeon General stated as long ago as 1986, when the first USSG's Report on SHS was released, that "To fail to act now on the evidence we currently have would be to fail in our responsibility to protect the public health."
Public health is what this is about, but you try at every turn to obscure that fact.
Jim Pepper
2:03 pm on Tuesday, December 6, 2011
When you all rely on bogus, pre-determined outcome reports, I understand the Kool Aid mentality. I challenge you to document one instance of death from occasional exposure to SHS.
Elizabeth
12:47 pm on Monday, December 5, 2011
Mr. Pion, you can try to impugn me all you want, but as long as anti-smoking groups and the like continue to accept donations from RJW (Johnson & Johnson's) then it is NOT a conspiracy theory it is a fact. And until they cease to accept those funds it is a blatant conflict of interest that is no different than RJ Reynolds donating to pro-smoking groups. You can't argue that they are different just because you throw around the word "health". No one is arguing that smoking can be bad for your health or that breathing second hand smoke may be bad for you. I'm simply stating the fact that patrons can choose not to be around smoke. If that is your argument against choice then the fix is easy. Require businesses to post signage on all door as to the smoking status of their property. Problem solved. Its great that you site the Surgeon General's report, but I can just as easily site an OSHA report that disagrees with risk levels. So while we are, and will continue to be, at an impasse on stats and the like, I like to err on the side of liberty. I don't smoke, I don't like to be around it, so I don't go to businesses that allow smoking. I don't expect someone who owns a businesses to change for me. I'm not that self-absorbed or self-righteous. Smoking is a legal activity and until it is not, I will NEVER vote to take away someone else's right to do it or allows others to do it on their property. Period.
Elizabeth
12:52 pm on Monday, December 5, 2011
In case you doubt the RJW thing...
www.rwjf.org/publichealth/focusareas.jsp - halfway down this webpage there is a link to the anti-smoking efforts.
http://en.wikipedia.org/wiki/Robert_Wood_Johnson_Foundation - Here you'll find the connection between RJW & Johnson & Johnsons
Finally,
http://en.wikipedia.org/wiki/Johnson_%26_Johnson - This link here will show you that both Nicoderm & Nicorette are products of Johnson & Johnsons.
Martin Pion
1:33 pm on Monday, December 5, 2011
I do recognize that the Robert Wood Johnson Foundation gives grants to fund tobacco control efforts, although Missouri GASP, of which I'm president, has never received any such funding. However, I see nothing conspiratorial about that. Certainly, their efforts to improve public health are to be applauded, unlike the behavior of the tobacco industry, which for decades hid the truth about the sickness and death caused first by active smoking and then by SHS exposure. And still works today to defend itself aggressively from any lawsuits from those it has injured.
Trying to equate "Big Pharma" to Big Tobacco" on this issue is a total red herring.
Elizabeth
2:02 pm on Monday, December 5, 2011
Both industries stand to gain financially so no matter how you spin it, it is the same scenario, different players. There are many studies that "prove" smoking or SHS and even 3rd hand smoke is dangerous. There are just as many studies that "prove" those studies to be flawed, inaccurate and in some instances completely biased. But that is not what we're trying to debate here, or at least that's not what I'M trying to debate. Try for a second, to separate yourself from the "health" stats and realize the point I'm trying to make. I have enough reasonable suspicion that smoking is bad for me that I don't smoke as I'm sure you don't either, nor will I let myself be around SHS. Not the point. The point is that I don't have the right to tell other people what to do on THEIR property even if I think it is bad for them, because they have the right to decide for themselves whether or not they choose to believe one side or the other. The choice to smoke or be around it is not equivalent to hand-washing because a patron can determine before entering a business whether or not smoking is present whereas they can't control whether or not the cook is washing his hands or keeping the meat at the right temperature.
Elizabeth
2:02 pm on Monday, December 5, 2011
The only logical argument that you have made is that patrons might not readily determine smoking status. That issue is solved by requiring signage and keeps all rights and freedoms intact for ALL citizens, not just the ones who agree with you or with the "studies", many of which are funded by the very companies that manufacture cessation products. You can ignore the conflict of interest on the part of pharmaceutical companies all you want, but that doesn't make it go away. Banning a legal activity on private property because you are too lazy or self-righteous to exercise your right to avoid it does not make it a "health" issue, it makes it a FREEDOM issue. I vote for freedom. Maybe I just have more faith in my fellow citizens to make the choices that are right for them than you do.
Elizabeth
2:19 pm on Monday, December 5, 2011
One last comment:
http://mogasp.wordpress.com/2011/02/09/20110208-is-research-done-by-tobacco-control-now-more-biased-less-reliable-than-big-tobaccos/
http://tobaccoanalysis.blogspot.com/
Some thought-provoking blogs on conflict of interest when pharmaceutical companies fund research that results in increased demand for their products.
Jim Pepper
1:57 pm on Tuesday, December 6, 2011
How many times must Mr. Pion tell us that he is President of GASP? Self importance? Building codes and health regulations are just that, regulations. NOT Bans. I can build a frame house with wood or a steel frame house, whic is safer. building codes state the minimum standards necessary. Health regs state minimum standards of cleanliness and food prep not banning certain foods. When will these people get off their high horse and quit trying to dictate my life or life style or business operation? WHEN?
Jim Frain
5:17 pm on Tuesday, December 6, 2011
There is such bitter animosity on this thread and in any public or private discussion on the banning of smoking issue. No one is going to change their mind based on what is said here because the same thing is said over and over by both opposing sides. I have decided to never read any of these arguments anymore or enter into any discussions concerning smoking again because the repetition is very frustrating.....and fruitless.
Martin Pion
7:48 pm on Tuesday, December 6, 2011
Please view the various US Surgeon General's reports on secondhand smoke for objective information on the health effects, starting with the very first one, published in late 1986. You can find a description and link here: http://mogasp.wordpress.com/u-s-surgeon-general-reports-etc/ussg-1986-report-the-health-consequences-of-involuntary-smoking/
BillHannegan
8:05 pm on Tuesday, December 6, 2011
Mr. Pion, some experts feel that these reports have overstated both the certainty and extent of the secondhand smoke health risk. We really don't know if any patron or employee has ever died to due secondhand smoke exposure in a St. Charles County bar or restaurant.
http://www.acsh.org/factsfears/newsID.800/news_detail.asp
http://www.acsh.org/factsfears/newsID.215/news_detail.asp
Martin Pion
8:23 pm on Tuesday, December 6, 2011
Mr. Hannegan,
Equally true: We don't know if any smoker has ever died of smoking with absolute certainty. And you won't find smoking as the cause of death on any death certificate. Nonetheless, it's estimated that one in two smokers will die prematurely due directly to their smoking.
Martin Pion
9:45 pm on Tuesday, December 6, 2011
Mr. Hannegan,
You also reference Dr. Elizabeth Whelan's postings on her ACSH website. I find she consistently underestimates the health risk from secondhand smoke and I don't consider her as trustworthy a source as Dr. Michael Siegel ("The rest of the story" blog at http://tobaccoanalysis.blogspot.com/). I agree with Dr. Whelan in the first post you referenced only as regards the following criticism of the USSG, who reportedly made this statement: "the scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke."
That is a meaningless statement, in my view.
I invited Dr. Siegel to comment on these issues and published his reply on my blog at http://mogasp.wordpress.com/2010/12/18/is-u-s-surgeon-general-benjamin-exaggerating-1-cigarette-exposure-risk/
Elizabeth
10:06 pm on Tuesday, December 6, 2011
Can we get past the competing data and get to the root of the issue which is the infringement of personal liberty in smoking bans.? You don't believe one "expert" you only believe another, other people don't believe your "expert", they believe their own. Yada, yada, yada. Obviously, if science had irrefutable proof that smoking or shs kills people, it wouldn't be legal, but it is. The real issue at hand is the weakening of our republic at the hands of political correctness. Look, you clearly think that smoking is dangerous to you. I have no problem with that. What I have a problem with is you, & people like you, who have decided that it is somehow your destiny to save everyone who disagrees with you from themselves. Guess what, it's not. Public property has already been made smoke free. Lots of private property has been made smoke free by decision of the property owner. Go there. Why do you think that you are so superior that you get to tell other people what to do on the property they paid for, worked for and sacrificed for? All these people are asking for is the same freedom you have. The freedom to choose how to live their life. They are not demanding the right to go smoke on your property.
Elizabeth
9:56 pm on Tuesday, December 6, 2011
http://www.surgeongeneral.gov/topics/obesity/calltoaction/fact_consequences.htm
Obesity causes an estimated 300,000 deaths per year. Let's ban all foods that make people fat.
Martin Pion
12:32 am on Wednesday, December 7, 2011
Elizabeth, You start by writing "Can we get past the competing data ..." but write yourself that "Obesity causes an estimated 300,000 deaths per year. Let's ban all foods that make people fat."
That number has since been revised downwards to less than 100,000 I believe, but in any case, this is a digression.
Smokers don't just put themselves at serious risk - at the very least, they create a nuisance for everyone else exposed to the air they pollute.
In contrast, a person who's obese and doesn't exercise is primarily putting him or herself at risk of premature sickness and death. There's absolutely no comparison.
Elizabeth
7:34 am on Wednesday, December 7, 2011
You're right! It is an intentional digression to prove a point. Both sides of this argument have plenty of competing data. Neither side can prove their point without a doubt. However I disagree with your assessment of the comparison. Actually, you can make a comparison between the two. See, some people like to eat...a lot. In fact it has been argued by many health professionals that those people are actually "addicted" to eating. When restaurants offer fatty foods, fried, desserts, large portions, "all you can eat" etc, those businesses owners are exposing people to food that could potentially kill them later. I wouldn't be exposed to "Triple Decker Chocolate Overload " at my own house because I don't have the time or energy to cook it, but it is regularly available at any number of restaurants. Shouldn't, by your logic, we control what is allowed to be cooked for people who can't control themselves too? I mean if we going to create all sorts of regulations based on health even when it pertains to CHOICE, why not micromanage everything that is a health risk?
Elizabeth
7:57 am on Wednesday, December 7, 2011
Consider this scenario. Let's pretend I'm a registered voter in Chesterfield. I decide that I don't like to be exposed to exhaust from cars that are older than say, 2005. I read somewhere that the likely pathogens in car exhaust are: Carbon Monoxide, Nitrogen dioxide, Sulphur dioxide, Suspended particles, Benzene, Formaldehyde and Polycyclic hydrocarbons. That's some nasty stuff! So I gather the needed signatures & petition to have it put to a vote that no cars older than 2005 are allowed to be driven within city limits. Let's also pretend that 51% of voters agree with me. We have now, legally and effectively banned older model cars in our city because of the health "risk" associated with second hand exposure to car exhaust. I guess all of those employees and business owners that aren't Chesterfield residents and can't vote are just out of luck if their car is older than 2005. They'll have to pray that they can find income in another municipality to make up for what they have lost in Chesterfied. Granted there is no apples to apples comparison on smoking, but the "majority rules" issue is identical. The "health reason" ban is identical. Here's the main difference....The people who want to avoid exhaust can't control who drives past them on the street, but non-smokers can, of their own free will, leave the place where smokers are gathered. They have a choice! They just want to force everyone else to do what they want so that they don't HAVE to make a choice!
Michael J. McFadden
1:28 am on Thursday, December 8, 2011
Elizabeth makes some very well written and sound points here, however I feel I actually have to step in a little bit to defend Martin Pion. Martin is one of the few Antismokers (he hates that term but I still feel it's accurate) out there who believes strongly enough in his position that he allows open debate on his MoGasp blog. He also has been willing to examine at least a few of the more extremist (extremist is a mild word) antismoking claims such as the SG's "no safe level" claim. And Martin's identifying himself as president of GASP is quite proper: if he didn't do that at least once while posting to a thread we could rightly poke at him for "hiding" his special or conflicting interest (although Gene Borio might accuse him of "shameless self-promotion" when he DOES mention it! LOL!)
Now... after saying all that... make no mistake about it: I strongly disagree with Mr. Pion on about 99% of our views relating to smoking, smoking bans, etc. But I feel he is more of a "misguided idealist" rather than a "greedy liar" (a category I place a lot of the Antis in.)
Michael J. McFadden
Author of "Dissecting Antismokers' Brains"
Michael J. McFadden
1:42 am on Thursday, December 8, 2011
Elizabeth, your point about referenda and cars is quite true. If Chesterfield wanted to get rid of some of its less fortunate residents, the middle/upper class (who tend to be more active at the voting booth and better organized through poltiical and club organizations) could pass a law prohibiting unsafe non-4-wheel-drive vehicles on their streets. Those who couldn't afford 4 wheel drive cars would get tired of walking 10 - 20 blocks from where they were able to park outside the city limits and would move!
Or they could try to get a majority vote outlawing Chinese restaurants on the basis of "the fumes and smells" if they wanted to move asians out of their town (They could even cite the comparatively strong lung cancer studies examining cooking fume exposures in China etc ... although that would be a bit bogus for other reasons.)
Or they could vote against cats, citing second-hand cat allergy deaths from asthmatic attacks (at least as real, & probably far MORE real than those for secondhand smoke) or innocent children getting cat scratch fever from neighbor's escaped or outdoor kitties. This is a good way to eliminate those annoying little old ladies and their cats and upscale the town into yuppieville.
The Antismokers are opening a wonderful Pandora's box full of opportunities to get around anti-discrimination laws with their games.
And someday they'll come knocking for you, my friend.
Michael J. McFadden
Author of "Dissecting Antismokers' Brains"
Martin Pion
9:25 am on Thursday, December 8, 2011
First, I don't think I need it, but nonetheless I appreciate Michael McFadden's coming to my defense!
Having said that, let me respond as succinctly as possible to some arguments you and Elizabeth raise.
Given this is a democracy, the potential scenarios you describe as regards legislation are certainly possible but are they likely? Hardly, whereas the public in this part of the US is at last waking up to the issue of secondhand smoke and actively working to rid it from their lives. I don't see that as a bad thing, and I don't see smokers as an oppressed minority either.
Smoking a cigarette is a behavior and society often legislates behaviors it considers against the public interest. It has nothing to do with the smoker, per se. If a smoker avoids exposing others there's no problem.
It's no different in principle from drinking and driving laws, or restriction on outdoor burning of yard waste, or a host of other laws designed to protect the public and curtail anti-social behaviors or those affecting the environment.
Is society perfect? No, but that's not a reason for inaction.
Jim Pepper
1:50 pm on Thursday, December 8, 2011
How about another point of view! Rather than concentrating on smokers avoiding exposing others, non-smokers avoiding a smoking area. FREE CHOICE!
Elizabeth
10:15 am on Thursday, December 8, 2011
Your analogy of smoking bans to drinking & driving laws doesn't really work considering the fact that drinkers can congregate publicly on private property. Smoking bans prohibit smokers from assembly on public & privately owned property where the public is invited. Not the same situation. Drinking & driving laws allow drinkers to partake as long as they remain under a specific limit. Not true with smoking. Please explain why your group will not compromise and allow private owners to choose, say with an 18 & over regulation and clearly marked signage? There certainly was a compromise where drinking is concerned - hence the "legal limit". Do you honestly believe that non smokers are incapable of saying "well there is smoking here I better go some where else"?? Each comparison you have made to smoking bans includes compromise or a "legal limit" component. Not so with the smoking bans....it is a "zero tolerance" approach which is hardly "democratic" and certainly not in alignment with our Constitution or the purpose of establishing our country as a Republic. As for your argument that my scenario is "not likely" you are surprisingly naive. Look at all the impossible to believe laws already on the books. Right now, 4 women can't rent a house together in University City.
Elizabeth
10:15 am on Thursday, December 8, 2011
Again, please explain why no compromise that could satisfy all is acceptable to you?
Admit it, you can't stand the idea that someone else might make what you think is a bad choice. If I am a smoker and I open a bar and all my employees are smokers, and I put a HUGE sign on the front door that says "Smoking on Premises" and then I let the public to choose whether or not to enter, why does that become a problem for you? If hospitals can choose to only hire non smokers, why can't other business choose to hire smokers? Why? Because you don't want people to have the right to choose. You think it is bad for them. It is not up to you to make that choice. I think sky-diving as recreation is CRAZY, but I'm not trying ban the public from doing it, just because I think it's a bad choice and unsafe for them.
Elizabeth
10:26 am on Thursday, December 8, 2011
BTW - How is smoking an "anti-social behavior"?
Jim Pepper
1:54 pm on Thursday, December 8, 2011
Elizabeth, I wish you were on my debate team in college. Would you consider helping out on my re-election campaign if I decide to run again? I couldn't lose.
Martin Pion
2:11 pm on Thursday, December 8, 2011
Elizabeth, You should take up Jim Pepper's offer of joining his re-election campaign but make sure you stand firm for a good remuneration.
As to my examples which you've dismissed, once more I don't find your arguments convincing.
You ignored the one I gave ordinances forbidding outdoor burning of yard waste and just responded to the one regarding drinking and driving. You pointed out there wasn't a zero tolerance limit there. And why is that?
Because, as with Big Tobacco, you have Big Alcohol. In Missouri, that has been Anheuser Busch, which has successfully opposed open container laws and laws on drinking and driving.
Elizabeth
2:45 pm on Thursday, December 8, 2011
I didn't really ignore the yard waste issue. I choose instead to focus on the drinking issue as it most closely compares to smoking, even though it can't be considered a direct comparison. Since it is a source of contention for you I'll comment on the issue...In most cases waste burning is regulated more based on fire hazard than health hazard. Regardless, you can't compare it to smoking fairly because you can't move your home if your neighbor is burning leaves. You CAN however leave a bar or restaurant if they allow smoking.
Dismissing examples and refuting them are two different things. Clearly I don't find your arguments convincing either, but the crux of a good debate is which side proves their point the best, not whether or not they convince each other. Too bad we don't have the luxury of a moderator. By the way, you didn't answer my questions...
1. If I am a smoker and I open a bar and all my employees are smokers, and I put a HUGE sign on the front door that says "Smoking on Premises" and then I let the public to choose whether or not to enter, why does that become a problem for you?
2. If hospitals can choose to only hire non smokers, why can't other business choose to hire smokers?
Why do you continue to pretend that non smokers don't have any responsibility to choose to stay off of privately owned property where smoking is allowed?
Martin Pion
11:46 pm on Thursday, December 8, 2011
Elizabeth, You state that "In most cases waste burning is regulated more based on fire hazard than health hazard."
This is an ill-informed opinion, as illustrated by the following section taken directly from the City of St. Louis's Revised Code Chapter 11:34: AIR POLLUTION, reproduced below
(and on-line at http://www.slpl.lib.mo.us/cco/code/data/t1134.htm):
"11.34.140 Air pollution nuisance prohibited.
The emission or escape into the ambient (outside) air within the City from any source or sources whatsoever of smoke, ashes, dust, soot, cinders, dirt, grime, acids, fumes, gases, vapors, odors, or any other substances or elements in such amounts as are detrimental to, or endanger the health, comfort, safely, welfare, property, or the normal conduct of business, or cause severe annoyance or discomfort to, or is offensive and objectionable to a significant number of citizens as determined by the Commissioner, shall constitute a public nuisance, and it is considered unlawful for any person to cause, permit, or maintain any such public nuisance. (Ord. 65645 § 13, 2002: prior: Ord. 64749 § 15, 1999.)"
Martin Pion
11:47 pm on Thursday, December 8, 2011
You also wrote:
"If I am a smoker and I open a bar and all my employees are smokers, and I put a HUGE sign on the front door that says "Smoking on Premises" and then I let the public to choose whether or not to enter, why does that become a problem for you?"
This idea to simply rely on signage to indicate that premises allow smoking (or not) was originally being promoted by Big Tobacco with the express purpose of sidetracking meaningful regulation of secondhand smoke to head off legislation making venues and workplaces smoke-free. It was tried unsuccessfully in the past on several occasions in the City of St. Louis, and this isn't the first time I've pointed out the absurdity of such legislation.
Jim Frain
12:05 am on Friday, December 9, 2011
Please...Please...Please.....End this O'Fallon Patch Smoking Debate takeover by Martin and Elizabeth by both of you meeting coffee somewhere so that you can debate for days if you wish. This debate is worse than fingernails on a black board because it never stops. Thanks...happy debating wherever you go.
Elizabeth
11:40 am on Friday, December 9, 2011
Mr. Pion, you dismiss my emissions scenario on the grounds that is isn’t likely & then you want to point to the Air Pollution Nuisance code, which is precisely the precedent that makes clearly possible. Thank you for strengthening my point for me. Please explain: "it was tried unsuccessfully in the past on several occasions in the City of St. Louis.” Do you mean that people ignored the signage & exposed themselves to shs? That is a personal choice. Once again, you are not interested in freedom to choose. What you are lobbying for is the dictating of lifestyle. As far as my suggestion that a smoker, hire other smokers & advertise his property as smoking you made this statement: "that was originally being promoted by Big Tobacco with the express purpose of sidetracking meaningful regulation of secondhand smoke to head off legislation making venues and workplaces smoke-free.” I’d like to point out how you have, yet again, avoided answering the question. I want to know…how you would be affected by SHS if the ordinance was written so that my example was real? You can’t answer that because it renders all of your statistics unnecessary and you have to admit that in order to be exposed to shs, one must choose to do so.
Elizabeth
11:41 am on Friday, December 9, 2011
In the interest of respecting Mr. Frain’s request, I’ll simply conclude as best as I can in limited time & space. Here’s what I think. You believe whole-heartedly that smoking should be illegal & no one should smoke. The problem is that there isn’t enough hard, irrefutable proof to make an iron-clad case. Plus, that pesky personal choice issue keeps getting in the way. You want smoking outlawed so badly that you’ve aligned yourself publicly (if not financially) with groups who have engaged in questionable practices to inundate us with half-truths, tainted studies, and blatant conflicts of interest. By doing so, you’ve weakened your case not supported it. I think it’s admirable that you want to protect our society from something you feel is bad for them. I am a big proponent of education against smoking and hope that you are successful in that endeavor. However, I am equally passionate about freedom & all that goes along with it, (even when it is not a choice I would make for myself). I believe this issue is about freedom because at the very root is the matter of choice. I recognize that I can easily avoid smokers simply by making the choices I need to make for myself & family. It is not up to me to make choices for others. You want to pretend there is no choice, because it doesn’t fit neatly into your box.
Elizabeth
11:42 am on Friday, December 9, 2011
My point in this argument was never to change your mind, Mr. Pion, it was so that readers can see that there is other data, other options and other points of view. Thank you for a good debate and I wish you the best!
Elizabeth
12:08 pm on Friday, December 9, 2011
Mr. Frain, I assume you are acting as a representative of Patch.com when you make this request. Your relationship with the website is not very clear. If so, I respect your request to make no further posts on this thread after this one. However, if the Patch doesn’t want readers to comment on contentious issues, why post the article & allow comments? Mr. Pion & I participated in an honest debate about an issue that affects our community. We were respectful to each other & other posters as well. If Patch feels there is “negative” content in our posts, then perhaps you should consider monitoring the comments below the article on the drug-addicted purse snatcher, where the subject’s family very publicly aired their dirty laundry. But I digress.
Jim Frain
12:22 pm on Friday, December 9, 2011
Hi Elizabeth...My relationship with the Patch is just one of a reader and a "some-time" blogger. I certainly didn't mean to speak for the Patch....I appreciate and understand the professional level of your debate. As a reader I just felt that the points you both were making had been well stated several times and since the debate had come down to two people that it might be nice for you to continue it over a cup of coffee. Have a great afternoon.
Jordan Lanham
1:52 pm on Friday, December 9, 2011
Hi all,
We appreciate every person who supports the site and encourage civilized comments, debates and expression of thoughts and opinions on articles. We want Patch to be a place where you can state your opinion and discuss issues with your neighbors. We do our best to monitor comments and encourage readers to contact us if they feel a comment is inappropriate or violates our terms of use. Please feel free to email me anytime at jordan.lanham@patch.com.
Martin Pion
3:17 pm on Friday, December 9, 2011
It’s clear that there will be no closure on the issue of SHS, certainly not in this forum. I can tell you that personally SHS has had a very significant negative impact on both my work life and private life, and I am by no means as smoke-sensitive as some others I know.
At work, during the period smoking was still allowed, I avoided going to meetings whenever possible, which meant I wasn’t able to participate fully in collaborating with my colleagues. That led to one of the people reporting to me eventually heading up the establishment of a new lab. instead of me. It also led to tension dealing with other colleagues who smoked, to the point that the matter went to the company ombudsman to try (unsuccessfully) to resolve.
Because my wife is nowhere near as smoke-sensitive as me it has resulted in her going on vacations on her own, or out to social events without me. This detracts from my marriage and negatively impacts my social life.
Martin Pion
4:32 pm on Friday, December 9, 2011
Smoking, when it affects others, is comparable to drinking and driving. Both don’t simply put the smoker (or driver) at risk: they can directly and very adversely affect other totally innocent individuals.
In a civilized society these issues are addressed rationally. SHS has not been so addressed because of the influence of Big Tobacco and its allies, which have worked hard to prevent appropriate laws being implemented, aided by nicotine addicted smokers who have been persuaded their rights are being trampled.
I believe that eventually smoke-free air will be the norm, and those who continue to smoke (because smoking will not be banned, nor should it be) will accept it as being the norm as well.
Elizabeth
4:59 pm on Friday, December 9, 2011
No, not the same. Other drivers don't know if the other driver is impaired, therefore don't have the opportunity to choose whether or not to share the road with a driver who may be too impaired. Non-smokers can choose whether or not to be around smoke. The risk to injury may be comparable, but what separates them is the issue of choice. An ordinance requiring clear, concise signage designating whether or not (either way) smoking takes place on the property allows all parties the opportunity to decide whether or not to enter the property. This allows ALL involved to have the same liberties. The exception would be true public property, city buildings, federal buildings or taxpayer/government owned property. Those should remain smoke-free. But private property owners should retain their rights. There is no private property where you are required to go. To imply that protecting those rights is somehow uncivilized and falling back on your "big tobacco" mantra / talking points convinces me that you have nothing new to add to your argument. Don't get me wrong, I don't ally with the tobacco company. I believe in personal freedom. Fortunately I recognize that my freedoms don't supercede any other citizens'. When you are so willing to give away another's freedom, don't be surprised when someone else comes along to take away yours.
Elizabeth
4:47 pm on Friday, December 9, 2011
Mr. Pion, it is unfortunate that you had some of those experiences, however, that is not the current situation or the standard. Most places that are "office" type settings do not allow smoking. Those that still do are more sensitive to the issue, and created designated areas so that non-smokers could easily avoid the smokers. As far as "tension with smokers", that is not a health issue, that sounds more like a social issue. You were/are offended by those who smoked. This created an animosity between you. Again, it is an unfortunate situation, but you said it yourself that this is in the past, not the present. Your charge that other people having the right to smoke on their property (or allow others to) detracts from your marriage and negatively impacts your social life is obnoxious and you can't be serious. That is tantamount to a peanut allergy sufferer blaming their marital troubles on DQ for having a peanut desert on the menu. Considering all of the non-smoking venues in the county, I find it hard to swallow that your social life is suffering as a result of freedom of choice for the rest of the places. Lastly, it is painfully obvious that you never intend to answer my question about a smoker, hiring smokers, and properly displaying a smoking warning. Fine, I'll answer for you....it wouldn't affect you, because you wouldn't enter. Freedom for all Mr. Pion, not just those who agree with you. That is what our country is founded on.
Martin Pion
6:51 pm on Friday, December 9, 2011
The reason that tobacco-polluted indoor environments are no longer the norm is the progress made in adopting smoke-free air laws. And there is absolutely no rationale for exempting one privately-owned business from such health rules.
You are trotting out arguments which are totally flawed and using terms favored by the tobacco industry which are inapplicable, such as "freedom of choice."
Your signage proposal is just a cloak for maintaining the status quo and blocking meaningful health regulations.
I would hope that our country is founded on more than the hollow arguments you use.