From: tac@cheztac.com
Date: Fri, 03/16/07
Our neighbors in Virginia and Maryland are both considering smokefree
laws, if you'd like to support those efforts, please see the stories and
links below.
The Maryland issue is more pressing, the Senate Finance Committee (where
it's died for 4 consecutive years) is probably voting today or Monday.
Contact Maryland legislators at:
www.mdelect.net/electedofficials
<http://www.mdelect.net/electedofficials>
Alexandria is trying a very creative "thinking outside the box"
solution, see the article below. Even if it doesn't go through, if you
live or work in Alexandria you should write the Alexandria City Council
and mayor and thank them for addressing this issue in a tobacco state:
<http://alexandriava.gov/contactus/mailto.pxe?parent=organization&name=p
erson&attrname=Mayor%2C+Vice-Mayor+and+Council+Members>
http://alexandriava.gov/contactus/mailto.pxe?parent=organization&name=pe
rson&attrname=Mayor%2C+Vice-Mayor+and+Council+Members
Hope everyone is enjoying DC's new smokefree law!
Smokefree DC
---------------------------
Smoke Free Maryland
March 2007
ACT NOW to Achieve a Smoke Free Maryland!
WE ARE VERY CLOSE! We need you to send a message to your state elected
officials now! Urge them to support passage of the Maryland Clean
Indoor Air Act of 2007 with no amendments (SB 91/HB 359). This act
would make all Maryland restaurants and bars smokefree. To find out
your state representatives, go to www.mdelect.net/electedofficials. Or
send an "easy message" at
http://tfk.grassroots.com/MD/SmokeFreeMarylandActionLeg.
Senate Hearing This Thursday
The Senate Finance Committee will hold its hearing on the Clean Indoor
Air Act (SB 91) this Thursday, March 15, at 1:00 pm. in Annapolis - more
information is at www.smokefreemd.org <http://www.smokefreemd.org/> .
We need a strong showing of supporters at the hearing!
Recent News
New Mexico Legislature Passes Smokefree Bill
On March 9, 2007 the New Mexico legislature passed a comprehensive
smokefree bill covering all restaurants and bars. The bill now heads to
the Governor for his signature. If enacted, New Mexico will become the
17th smokefree state.
New Hampshire Legislature Likely to Pass Smokefree Bill
The New Hampshire Senate has passed a comprehensive smokefree bill. The
bill will soon be voted on in the New Hampshire House where a similar
bill passed last year. The Governor has said that he would sign the
bill if it reaches his desk.
We All Have the Right to Breathe Clean, Safe, Smokefree Air
www.smokefreemd.org <http://www.smokefreemd.org/>
==============================
Thank the mayor and council and urge them to continue fighting for
smokefree air by going to the Alexandria City Council website at:
<http://alexandriava.gov/contactus/mailto.pxe?parent=organization&name=p
erson&attrname=Mayor%2C+Vice-Mayor+and+Council+Members>
http://alexandriava.gov/contactus/mailto.pxe?parent=organization&name=pe
rson&attrname=Mayor%2C+Vice-Mayor+and+Council+Members
<http://alexandriava.gov/contactus/mailto.pxe?parent=organization&name=p
erson&attrname=Mayor%2C+Vice-Mayor+and+Council+Members00> 00
Alexandria's End Run on Public Smoking
City Wants to Use Zoning Laws to Make Eateries Tobacco-Free
http://www.washingtonpost.com/wp-dyn/content/article/2007/02/28/AR200702
2802200.html
By Annie Gowen
Washington Post Staff Writer
Thursday, March 1, 2007; A01
Frustrated that the state legislature failed to ban smoking in bars and
restaurants, Alexandria officials have come up with a maverick plan of
their own that would prohibit smoking in all new eateries and make it
more difficult for existing establishments to allow people to light up.
The unusual proposal would use the city's zoning authority to mandate
smoke-free restaurants.
If successful, Alexandria would become the first jurisdiction to bar
restaurant smoking in Virginia, where the state legislature severely
limits local authority. That means individual governments do not have
the power to institute outright smoking bans in restaurants and bars,
such as those adopted in the District and several Maryland
jurisdictions.
So Alexandria has decided to use its limited powers to achieve the same
result.
"This is something we all wanted," said Mayor William D. Euille (D). "It
would be nice if the state would mandate and make it happen. But
obviously they're passing the buck on this . . . so we need to move
forward to do what we need to do, and we found the loophole to do it."
Euille said the city's proposal was a result of "creative,
outside-the-box" thinking.
Alexandria would seize control of the smoking issue with such mundane
tools as use permits. When a bar or restaurant came to the city to
request a permit, the city would require it to be smoke-free before
granting the permit. Restaurants that have permits must agree to go
smoke-free in three months or risk future restrictions or even closure.
The state legislature evaluated several proposals to restrict smoking in
public places this year -- always a difficult sell in a tobacco state --
and ended up with a measure that requires restaurants to post signs if
they allow smoking.
Health advocates hope that Gov. Timothy M. Kaine (D) will amend that
bill to ban smoking in restaurants altogether, but even if he did so,
such an amendment could have difficulty winning approval in the House of
Delegates.
The city's proposal won praise from anti-smoking advocates yesterday,
even as others who have watched the smoking battle unfold in the
legislature privately expressed doubt it would withstand a legal
challenge.
"This is a brand-new approach to me," said Teresa Gregson, a lobbyist
for the American Heart Association in Richmond. "I haven't heard of
anybody using their zoning powers. I like it. It stirs up trouble and
throws a whole new mix in the pot."
In a memo, Alexandria City Attorney Ignacio B. Pessoa wrote that if
other jurisdictions protect residents from the dangers of secondhand
smoke, while Alexandria does not, the city is likely to suffer an
"economic disadvantage." Thus, the city is within its local authority to
use zoning to require smoke-free dining, he argued. Montgomery, Prince
George's, Howard, Talbot and Charles counties in Maryland as well as the
District have smoking bans. Baltimore approved one this week, and the
Maryland legislature is considering a statewide ban.
Alexandria's plan would require all new restaurants to be smoke-free, as
well as existing restaurants with outdoor seating on public sidewalks --
which include many cafes in the popular Old Town and Del Ray shopping
districts. Restaurants that want to continue to allow smoking would not
be able to make upgrades or renovations and would risk being shut down,
according to the plan.
"Alexandria would be the first jurisdiction in Virginia to link
maintaining the economic vitality of the city as a restaurant
destination with the abatement of the public health menace of secondhand
smoke," Pessoa said.
The city has 2 million visitors annually and is expecting more when it
is linked by water taxi to the massive National Harbor complex across
the Potomac River in Prince George's County, set to open next year,
Pessoa noted.
About a third of the city's 360 restaurants participate in the Proud to
Be Smoke Free program, begun more than a year ago, officials said. That
program is voluntary.
Others had reservations.
"I don't like it. I'd be against it," said Pat Troy, who owns an Old
Town pub where smoking is allowed in the bar and on patios. "I want to
stand up for people who want a cigarette or a smoke. The rights are
being taken from people right and left. After a while, we'll have no
rights left."
Asked about Alexandria's proposal, David Sutton, a spokesman for
Richmond-based Philip Morris USA, reiterated the tobacco giant's
position on smoking bans: that restaurateurs are the best gauge of their
patrons' needs.
"We believe business owners -- especially those owners of restaurants
and bars -- are most familiar with the needs of their patrons, and we
think they should be afforded the opportunity to determine a smoking
policy for their establishment," Sutton said.
Del. David L. Englin (D), whose district includes Alexandria, said he
does not believe the proposal violates state law. "It's groundbreaking,"
he said. "It's a community making proper but creative use of its
existing authority to protect public health."
The City Council approved an early draft of the proposal at its meeting
Tuesday night and could hold a public hearing as early as next month.
The mayor said he expects lots of public discussion in the coming weeks
-- as well as a possible court battle if the measure is approved.
"I think we're going to be successful at this in the end," Euille said.
"I'm sure there will be some legal challenges, but hey, you never know
until you try it."
(c) 2007 The Washington Post Company
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