From: SMOKEFREE@compuserve.com Date: Thu, 08/28/08
The PA Dept of VFW sent the following to VFW posts throughout the
Commonwealth.
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ATTENTION ALL VFW POST OFFICERS:
Important Update about Pennsylvania's Clean Indoor Air Act (SMOKING BILL)
Guidelines
August 18, 2008
To All Pennsylvania Department Post Leaders:
With the recent passage of Pennsylvania's Clean Indoor Air Act (Act 27),
all VFW posts have to choose between allowing smoking-which would mean that
no guests, spouses or family members could come into the post-or choosing
to be a smoke free facility. Choosing to allow smoking would also place
restrictions on when you can hold publicly advertised events and when you
can lease your facilities for private functions.
The PA Department of VFW is pleased to provide you with the following
information to help your post make this critical decision that will impact
your post today and in the future:
- Documentation from the PA Department of Health, which is the lead State
agency in setting guidelines for implementation of the bill, These
guidelines relate to all non-profit organizations that meet the criteria of
being private clubs including VFW posts
- Information on how to ask questions about the guidelines
- Questions and Answers to issues of interest to VFW posts
- A list of contracted regional contractors who can help posts and
individuals develop smoking prevention and cessation programs
- A report on how second-hand smoke causes significant health hazards
- For a copy of the complete Act 27, visit www.leqis.state.pa.us and use
the features to search for legislation (search for SB 246 Printer number
2099) or contact Department HQ at (717) 234-7927.
The Situation
Beginning on September 11, 2008, smoking is not allowed in public places,
workplaces or other organizations including VFW posts. The law classifies
VFW posts as private clubs, which can get an exception to the law to be
classified as a smoking establishment. Act 27 states that private clubs
"must take and record a vote of its officers under the bylaws to address
smoking in the private club's facilities." Failing to take a vote and not
completing any required steps for getting an exception will result in fines
being levied against posts in violation of the law.
To Be or Not to Be Smoke Free - The Rest of the Story
Taking a vote to get around the intent of the law may seem like an easy
step so smokers don't have to go outside to light up, but doing so will
place tough restrictions on the posts that do so. It is the belief of the
Department of PA VFW that voting to get an exception from the law to allow
smoking will severely impact the current operation and future of posts:
- Non-members of the post cannot come into the facility for any reason,
This includes veterans from other organizations and young veterans who are
potential members as well as "guests" of members who can currently come
into the post such as spouses, family members and friends. The bottom line:
getting an exception to allow smoking means that only actual members can
come into the post.
- No public event that is advertised as a club sponsored event can be held
while smoking is allowed in any part of the post facility; this includes
bingo and other fundraisers
- No part of the post facility can be leased or used for an event that is
not club-sponsored while smoking is permitted anywhere in the building;
allowing smoking will render your rental space off limits to non-members
It's critical to understand that these restrictions apply even if smoking
is only allowed in a part of the post that is completely separate from
other areas, even if the smoking area has a separate entrance. If your post
allows smoking at all, the restriction to let in members only applies to
the entire facility.
Look at the Big Picture
I hope you will opt to make your facility healthier for everyone by not
allowing smoking indoors. From a VFW growth point of view, it will be a lot
easier to build your post's future by asking smokers to take a few steps
outside of your facility if they need to smoke than it will be to find new
members. If you find it challenging now to get new members, imagine how
much harder it will be if you rule out all non-smokers and smokers who
occasionally light up but don't want to sit in a smoke-filled room. We want
to VFW to be known for being a healthy, family friend organization that
welcomes everyone- not just those who smoke,
Lastly, while prohibiting smoking may anger some people, at Department HQ
we have heard numerous stories about how posts and other facilities have
Increased the use of their facility by adopting a no-smoking policy,
Smoking among men and women remains on a steady decline, Why would you want
to make such an important decision that goes against this trend?
In addition to this mailing, the PA Department of Health guidelines are
posted on the Internet at www.dsf.health.state.pa.us.
Thank you for closely reviewing this documentation with your post leaders
and for truly understanding and appreciating the bottom-line impact that
your decision will have in welcoming all members, eligible veterans and
family members into the VFW.
Very Respectfully,
Larry M. Wade, Sr. State Commander
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