Judge Delays Smoking Ruling

A Wood County Circuit Court judge is prepared to issue a partial ruling on a smoking cigarettes ban but has also requested more information before doing so.

Judge Jeff Reed sent a letter earlier this month to attorneys involved in the civil suit over the Clean Indoor Air Regulations between the Hill House Pub and the Mid-Ohio Valley Health Department.

"...the court is prepared to issue a partial ruling. However, before issuing a full ruling more information is needed in one area," Reed said in the letter to attorney Bill Merriman representing the Hill House Pub and Wood County Prosecuting Attorney Jason Wharton.

Reed wants to know why the health department provided exemptions to retail cigarettes stores.

"The records in this case, as I understand it, does not include any evidence as to why the Mid-Ohio Valley Health Department has exempted out retail cheap cigarettes stores from the Clean Indoor Air Regulation," the judge wrote.

Reed stated evidence needs to be presented as to why the health department has the exemption.

In 2008, the health department banned smoking cigarettes in all bars, restaurants and video lotteries, but provided for approved smoking cigarettes rooms.

In October 2010, new regulations went into effect that rendered those facilities obsolete, forcing customers who want to smoke cigarettes to go outside and stand at least 15 feet from the building or enclosed area.

Earlier this year, Reed granted an injunction against the regulations after Merriman argued the Hill House suffered a substantial decline in income. Since the regulations went into effect, the Hill House, which had been making from $20,000 to $30,000 a month, was claimed it was making less than $18,000 a month, according to court records.

The only exemptions to the ban are nonprofit bingo halls, designated hotel rooms, meeting facilities in hotels or fraternal organizations that allow smoking cigarettes and retail buy cigarettes stores.

Reed suggested the relevant evidence to support the exemption would be evidence presented to the board around the time of the exemptions creation.

"This may include, but would certainly not be limited to, evidence as to why this exemption is needed," Reed said.

Reed said evidence should include minutes from the board's meeting when the exemption was discussed and decided. He said counsel needed to consult with each other to determine the length of a hearing needed to present evidence on the issue.

Wharton said the information from the health department has been filed, and he is waiting to hear back from Merriman. Once the two sides meet they will go to Reed, who will set an evidentiary hearing.

Wharton said the hearing likely won't happen until after the first of the year.

"We are trying to get this moving," he said.

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Some Shops Fail Cigarette Selling Sting In Milford

The Milford Police Department and staff of the State of Connecticut Department of Mental Health and Addiction Services, Tobacco Prevention and Enforcement Program, recently conducted unannounced compliance inspections at shops that sell cigarettes products. Several were cited for selling to underage purchasers.

The inspections were performed in an effort to determine compliance with state laws concerning the prohibition of the sale of buy cigarette online and/or discount cigarettes products to youth under the age of 18, police said.

Under the direction of Department of Mental Health investigators, an underage youth, employed by the Tobacco Prevention and Enforcement Program, entered the businesses and tried to purchase cheap cigarette online products.

A total of 24 unannounced compliance inspections were conducted. Of those, eight establishments were found to be in violation of the Connecticut General Statute 53-344(b) Sale of Tobacco to minors under 18, which carries a $200 fine. The offending clerks at these establishments were cited.

The cigarette dealer license holder at each establishment also faces additional administrative sanctions from the Department of Revenue Services, the state agency that issues cigarette dealer licenses.

The establishments found to be in violation are as follows:

Cumberland Farms at 1023 Boston Post Rd., Krausers at 631 Milford Point Rd., Woodmont Shell 190 Woodmont Rd., Sassy’s Liquor Locker at 965 Bridgeport Ave., Choe Food Mart Shell at 1345 New Haven Ave., Krausers at 361 Bridgeport Ave., Friendly Liquor Store at 240 Broad St., and One Stop Mart Sunoco at 298 Boston Post Rd.

Police also pointed out that the following businesses were found to be in compliance with the law and did not sell to the underage person:

BP Gas Station, Whiskey Barrel, New Town Market & Deli, Friendly 29 Sunoco, Milford Smoke Junction, Pete’s Deli & News, Napoli Deli, Buck Stop, One Stop Grocery & Convenience, Milford Tobacco Shop, Vineyard Package Store, Gromarts, News Den, Mobil on the Run and Milford Quick Mart Sunoco.

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Three Town Stores Caught Selling Tobacco To Minors

On Monday, three Waterford stores were cited for selling discount cigarettes to a minor, thanks to a sting operation by the Department of Mental Heath and Addiction Services, the Tobacco Prevention and Enforcement Program and the State of Connecticut.

Clerks at Zap-n-Go inside the Crystal Mall, Sam’s Food Store on 125 Boston Post Road and Bestway on 6 Boston Post Road all were caught selling cigarettes to a youth under the age of 18, according to a press release. The youth was employed by the TPEP.

Each store clerk was fined $200. Additionally, the cigarette dealer license holder at each store faces additional sanctions from the Department of Revenue Services, according to the press release.

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Smoking Law Still Lacks Enforcement

Nearly five years after a workplace smoking cigarettes ban took effect in Hawaii, there is still no specific plan in place to enforce it. The ban had a long, slow road to reality, since it took almost four years to put together the administrative rules for the smoking cigarettes law.

The workplace smoking cigarettes ban took effect in mid-November 2006, prohibiting smoking cigarettes in offices, restaurants and bars across the state. Smoking is also banned within 20 feet of building doorways and open windows.

"It was really meant to be a self-enforcing, self-policing kind of law," said Julian Lipsher, program manager of online cigarettes prevention and education for the state Department of Health.

After the ban took effect five years ago, the Health Department had to develop rules and regulations for the new law, working with lawyers at the state attorney general's office to do so. State health officials said rule making usually takes two years, but this process took nearly four years.

The health department held public hearings across the state and appeared three times before the state's Small Business Regulatory Review Board, which Lipsher said didn't like the new regulations.

Lipsher said health officials had to repeatedly meet with the board, "To provide clarification of what the law was about, and to provide explanation and development of rules and how they would affect small business."

Former Gov. Linda Lingle, a Republican, signed the rules last August and they finally took effect Sept. 6, 2010, nearly four years after the smoking cigarettes restrictions became law. Lingle was lobbied heavily by business leaders not to sign the law, according to opponents of the restrictions.

State health officials said most businesses follow the law, but according to complaints they’ve received, there are roughly 20 bars violating the smoking cigarettes restrictions.

One of them is O'Toole's Irish Pub downtown, which allows patrons to smoke. It follows the letter of the law, posting no smoking cigarettes signs and telling customers about the law, but allowing them to continue smoking cigarettes.

Its owner, Bill Comerford, has fought the rules, saying they're unfair because bar owners could be cited even if their customers are outside their bars, but smoking cigarettes too close to the doorways.

"That's the equivalent of somebody out on the street parking incorrectly, and coming to my bar. I'm in violation," Comerford, who owns four bars on Oahu and heads the Hawaii Bar Owners’ Association.

"The department is aware of those few businesses that are not in compliance. We are working with local law enforcement on the compliance issue," said Lipsher.

But there's still no specific agreement with the Honolulu Police Department to enforce the law, more than a year after the governor approved the smoking cigarettes law rules. Lipsher said he hopes to reach an enforcement agreement with HPD “soon,” but wouldn’t specify when.

Lipsher said the health department has been sending violators certified letters, but has not issued fines allowed under the law. Individuals can face $50 fines, and businesses that allow smokers face an escalating scale of fines, going from $100 to $200 to $500, depending on how many previous violations they’ve had.

"It's been really frustrating,” said Deborah Zysman, executive director of a Coalition for a Tobacco-Free Hawaii, referring to the four-year rule-making process for the smoking cigarettes law. “This is just an example of some of the bureaucracy that we see sometimes."

The new rules allow law enforcement officers, including county police or state sheriff's deputies, to enforce the smoking cigarettes prohibitions. In the five years since the smoking cigarettes law took effect, Honolulu police officers have cited only a few violators.

The new rules also allow the health department to appoint one or more inspectors to enforce the smoking cigarettes law, with the authority to serve and execute warrants, notices, citations or summons. But the health department has not hired any inspectors.

"I do think in our state that it should be the health department that can go out if there's complaints that are noted, that they should have inspectors and they should go out and issue citations," said Zysman, noting the health department already has inspectors who inspect, educate and cite restaurants and their employees for health violations. Other health inspectors check on swimming pools, tattoo parlors and other establishments.

Asked why the state health department hasn't appointed smoking cigarettes law inspectors, Lipsher said, "Because we feel that we can get the strongest possible enforcement through working with the local police and law enforcement agencies."

The new rules allow the health department to revoke a health permit for anyone who owns, manages or operates an establishment that violates the smoking cigarettes ban at least three times within a two-year period. That would effectively shut down a restaurant or bar.

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City Leaders Want To Ban Flavored Tobacco

There is a new spin on traditional chewing tobacco, and it's being sold to area minors. You can find it in cherry, root beer and cool mint flavors and the city of Fort Myers wants it banned.

Despite the label's disclaimer, the Lee County Health Department says dissolvable tobacco – called Snus - is showing up in the lockers, backpacks and pockets of kids in Lee County.

It's bright colored, candy flavored and smells just like minty or fruity gum.

"I know that kids bring it to my school," said 17-year-old Sarah Stergeon, a student at East Lee County High School.

"Even if they're not using it themselves, their friends are - a lot of them are," said Holly Raven, Registered Nurse for the Lee County Health Department.

The spit-free, dissolvable tobacco comes in two forms - small pills or tiny tea bags. They're easily hidden in the back of a kid's mouth or in their belongings.

The health department says one major concern with the product is that it's easy to shove in a backpack or pocket and it looks like an ordinary mint tin.

Stergeon says her peers are bringing Snus to school - even though many of them are minors.

"It's very upsetting. It's breaking the law. It's like a death trap in a little box," she said.

And according to the Florida Division of Alcoholic Beverages and Tobacco, some Lee County convenience stores have been busted for selling tobacco to minors within the past year.

Some stores even placed the tobacco cans in the candy aisle.

"It's upsetting. A lot of the companies and businesses in our county are not doing their job in carding these kids," said Students Working Against Tobacco Coordinator Daniel Gregory.

Now though, the City of Fort Myers is stepping in.

Monday, the Fort Myers City Council signed a resolution that urges tobacco retailers to stop selling and marketing all flavored tobacco in the city limits.

The hope is stores will voluntarily pull the products off the shelves. It's a small step, but Stergeon says she hopes retailers will take notice.

"They're not fooling anyone. We see what they're doing and we're going to stop it," she said.

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Health Department Backs Off Total Ban On E-cigarettes

After hearing from the public about its proposed ban on e-cigarettes in all public places in the county, the Tacoma-Pierce County Health Department has backed off – at least slightly.

At its meeting Wednesday, the Board of Health will consider a revised regulation that would still ban "vaping" in many public places, but would make exceptions for "public places where minors are lawfully prohibited, places of employment that are not public places and retail outlets that exclusively sell or promote electronic smoking cigarettes devices."

In a press release on its website, the department acknowledges the comments from vapers who use the e-cigarettes as a way to quit or cut down on smoking cigarettes.

We still believe there is a lack of hard data to assure the public that e-cigarettes are safe for the user and bystanders, but at the same time we acknowledge that there is a similar lack of data that they are in fact harmful. While the scientific and regulatory communities will surely examine the safety of e-cigarettes for many years, we feel it is still appropriate to advance regulations that prudently protect the public from a risk that is not fully quantified.

The department still recommends a total ban on sales of e-cigarettes to minors.

Read on to view the full press release from the Health Department.

The Tacoma-Pierce County Health Department’s mission is to safeguard and enhance the health of the communities of Pierce County. As part of its mission, the Health Department tackles emerging health risks through policy, programs and treatment in order to protect public health.

On May 4, 2011, the Health Department commenced a public process to collect feedback on two pieces of proposed cigarettes regulations. This is the same process used to seek community input and provide it to the Board of Health before any regulations are implemented. For this matter, input was received via email, an online form and at the public meetings that took place on May 16 and 18, 2011.

The community was actively engaged in the issue, focusing primarily on the proposed e-cigarette regulations. We are very pleased with the level of engagement from the community, and appreciate the public discourse that has taken place thus far. Several themes emerged from the public feedback. They are:

* As a whole, the community agrees with and appreciates the changes implemented as a result of the Smoking in Public Places law enacted in 2005. They appreciate that dangerous secondhand smoke cigarettes is no longer present in public places, both for health and aesthetic reasons, and support the proposed Chapter 8 regulations.

* Generally, the public agrees with the provision of Chapter 9 regulating the sale to and use of e-cigarettes by minors. Overwhelmingly, commentators stated that e-cigarettes are used primarily by adults trying to quit a smoking cigarettes habit.

* Most of the commentators shared personal stories about e-cigarettes and how they have contributed to their success at quitting smoking cigarettes or dramatically reducing the amount of cigarettes that they smoke. Due to their personal success, they feel that banning e-cigarettes in public places counteracts and interrupts their current success, and possibly discourages other smokers from attempting to quit.

The Health Department staff and leadership listened carefully to the feedback and took it into consideration. We still believe there is a lack of hard data to assure the public that e-cigarettes are safe for the user and bystanders, but at the same time we acknowledge that there is a similar lack of data that they are in fact harmful. While the scientific and regulatory communities will surely examine the safety of e-cigarettes for many years, we feel it is still appropriate to advance regulations that prudently protect the public from a risk that is not fully quantified.

However, as a result of the feedback we received, we believe it is appropriate to modify the original proposed e-cigarette regulation to allow the use of e-cigarettes in the following places:

* Public places where minors are lawfully prohibited,

* Places of employment that are not public places, and

* Retail outlets that exclusively sell or promote electronic smoking cigarettes devices


Review the full regulation.

Over the next two years, we will continue to gauge public concern over e-cigarette use, available scientific data and information about the production and marketing of e-cigarettes. We will provide the Board of Health with a report on these issues so that they can reconsider this regulation in two years or earlier, if new evidence is found.

We are pleased at the outcome of the process, and believe the proposed regulation advances the health of the people of Pierce County. These two proposed regulations are scheduled for discussion and a vote at the June 1 Board of Health meeting.

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Ban Smoking In Public

Making Durham a healthier place by limiting people's exposure to secondhand smoke cigarettes is a top reason the Durham County Health Department is proposing to ban smoking cigarettes in many outdoor, public places.

The Durham County Board of Health recently approved the proposed smoking cigarettes ban "because of what we now know about cigarette smoke," Gayle Harris, director of the Durham County Health Department, said.

"There are over 7,000 chemicals in cigarette smoke, and hundreds of those are hazardous, and probably close to 70 are known to cause cancer," Harris said.

The health department is accepting public comment on the proposal through June 15. The results will be presented to the Durham County Board of Commissioners, which will be asked to adopt the rule as an amendment to Durham's existing smoke-free ordinance.

The amendment would prohibit smoking cigarettes indoors and outdoors at:

- All city and county property.

- City park system athletic fields and playgrounds.

- City and county bus stops.

- The Durham bus station downtown.

- Any sidewalk that is owned, leased or occupied by the city or county and abuts city or county grounds or hospital grounds.

The proposal goes well beyond Durham and state ordinances that currently prohibit smoking cigarettes in many retail businesses but don't target outdoor locations.

But Harris said many people are being harmed by secondhand smoke cigarettes at places like bus stops.

"When people are smoking cigarettes in those areas and a bus pulls up and opens its doors, all the smoke cigarettes billows right into the bus," she said. "So, people who aren't smoking cigarettes are exposed."

The board also chose to ban smoking cigarettes at playgrounds, city parks and athletic fields "because that's where kids and parents congregate, and we want to limit exposure for children, and increase positive role modeling so that kids don't see people smoking cigarettes there."

As for enforcement, Harris said, the emphasis will be on helping citizens understand the law.

"We're hoping to do a lot of education," Harris said. "We're not expecting police officers to run around and ticket people for smoking cigarettes."

Bill Burch, chairman of the Durham County Board of Health, said the 11-member board approved the new smoking cigarettes ban rule unanimously, and noted that it does not apply to outdoor smoking cigarettes at private businesses.

"The Board of Health is quite interested in improving the health of Durham County citizens," Burch said. "I think this will give an additional incentive to folks to rethink the habit, and hopefully stop smoking cigarettes."

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