PETITION – Illinois Smokers Rights – Letter to ACS

By Jonathan On Jul 5, 2017

State Update

Sunday Focus: Enforcement clouds smoking ban
Posted Dec 27, 2008
BILL GAITHER/The Register-Mail By SUSAN KAUFMAN The Register-Mail
How are violators prosecuted? Should bar owners, employees be cited?
Nearly one year after Smoke Free Illinois was enacted, questions remain about who will enforce the ban, how violators will be prosecuted and whether bar owners, employees or smoking patrons should be cited.
Monday, Dec. 22, 2008, marked a historic day in Knox County, at least where one law is concerned.

The first two people in the county were cited for smoking in public places — a smoker caught in the act by an officer conducting a bar check at PZ’s Place, formerly Mac’s Place, 2320 Grand Ave., and an employee at Harley’s Pub, 2243 Grand Ave., who permitted a patron to smoke in the bar.

Both women who were cited Monday told police they knew about the smoking ban but believed it was unenforceable. They are not alone.

Nearly one year after Smoke Free Illinois was enacted, questions still remain about who will enforce the ban, how violators will be prosecuted and whether bar owners, employees or smoking patrons should be cited.

Galesburg Police Chief David Christensen said he consulted with officials from Knox County State’s Attorney’s office who in turn consulted with the Illinois Attorney General’s office about enforcement. “According to the Attorney General, we have the go-ahead to issue citations to violators of the law,” Christensen said. “Police in all but one county in Illinois may enforce the law.”

In an October 2008 decision in Bureau County, a judge determined circuit courts had no jurisdiction to handle violations of the law. The judge then dismissed a case against a man cited for violating the smoking ban. However, the law has been successfully upheld in other circuit courts in Illinois.

Confusion abounds

Part of the problem is vague language in the act about how the law should be enforced. But police and health department officials are hoping amendments clarifying the language of the act will be approved sometime in early 2009.

“Clearly there were flaws in the act concerning enforcement,” said Knox Count Health Department administrator Greg Chance. “But much of that language has been clarified to eliminate confusion.” The amended act was sent to the Rules Committee of the Illinois General Assembly and needs to be voted on by the Senate.

If the Senate approves the legislation, local health departments and law enforcement agencies would shoulder the responsibility of enforcing the ban. The amended bill also clarifies the judicial and appeals process for the violators of the act.

Smoking complaints

The Illinois Department of Health does not track the number of violations or how often it is enforced. It does track complaints.

Statewide, the Illinois Department of Public Health has received 5,294 complaints as of Dec. 13. Spokesperson Melaney Arnold said however, that figure may be misleading.

“It really doesn’t paint a complete picture,” Arnold said. “These are only complaints that have been made through our Web site and our toll-free number.” Those calls are then referred to law enforcement officials in the appropriate jurisdictions.

The Knox County Health Department has followed up on 19 valid complaints so far. “These are complaints filed through the official complaint system,” Chance explained. Some complaints without the appropriate information or those left anonymously are not investigated by the health department.

Wil Hayes, Knox County Health Department director of environmental health, said about 20 anonymous complaints have been received but often a valid complaint about the same establishment will come in at the same time. “So many times, those anonymous complaints end up being investigated anyway,” Hayes said.

If health department officials find the complaint is valid, someone in the department makes contact with the establishment in question with either a phone call or in person. The business owner is given an explanation of the law and advised of the penalties.

If the health department receives a second complaint about the same establishment, someone will conduct an inspection to attempt to determine compliance. The business also will be notified in writing of the complaint.

On a third complaint, the matter is referred to the Galesburg Police or Knox County Sheriff’s Department.

Christensen said even if the law was more clear about enforcement, his department still has not had many situations that warrant a citation. “Our experience is people have been self-compliant,” Christensen said. “But we are prepared to enforce the law as warranted.” The GPD has only been contacted to investigate about four complaints.

Knox County Sheriff David Clague said the county has only been requested to follow up on three or four complaints during 2008. “If the proposed amendment passes, we could be looking at more,” Clague said. Like Christensen, Clague thinks smokers are policing themselves by-and-large and law enforcement has not been necessary in most cases.

Economic impact

Dave Goethals has owned The Shady Hill Tavern on Monmouth Boulevard for 25 years. Like many other business owners, it is difficult to determine if loss of business is due to the smoking ban, the struggling economy or a combination of several factors. But one thing is certain, business is down in many taverns.

“I am allowed to sell cigarettes from a machine here that are labeled with warnings,” Goethals complained. “I should be able to put up a sign that says ‘I have a smoking establishment. Enter at your own risk.’ I’m not a restaurant. I don’t have children come in. I’m a bar. Give us a choice.”

It feels like a one-two punch for Goethals whose tavern was a popular destination for Maytag and Butler workers before those factories closed. “Times are hard enough as it is. Now I’ve got smokers that are constantly going in and out and that is raising my power bills.”

“The law has so much gray area,” Goethals said. “As the law stands now, it hasn’t even been written.”

Brenda Lytle, bartender at RPM Bar and Grill, 2035 Grand Ave., said the smoking ban has hurt her employer. “I would guess it caused a 40 percent decrease in business,” she said. Many smokers choose to stay home rather than go to a tavern for a drink, especially in winter months. “We stand outside in rain, snow and bad weather for a smoke now,” said Lytle, herself a smoker. “It is just easier to stay home.”

Prosecuting offenders

Police may have the authority to issue citations but whether or not the two women cited Monday will actually be fined is still up in the air.

“We can’t comment specifically on those two cases yet,” said Knox County Assistant State’s Attorney Eric Gibson. “But we will meet with local law enforcement agencies and health department officials in the next 10 to 14 days to discuss enforcement.”

Gibson said he is not yet sure how his office will handle these cases. “It is not a done deal. We should know more in the next couple weeks.”

The cited women are scheduled for court appearances in late January, if the states attorney’s office decides they have the authority to prosecute. Even if they do, Gibson was not sure if the complaints would be administrative or how much the women would be fined if found guilty.

Even with the many questions and confusion surrounding the law, its passing in 2008 has created a new culture, according to Chance. “We still have some challenges out there,” Chance said. “But the act was good. We know lung cancer is a significant issue in Knox County. Smoke Free Illinois is appropriate public policy.”

To Report a Violation
– Call the Knox County Health Department, 344-2224 Wil Hayes, Greg Chance
– Call (866) 973-4646
– Log on to www.smoke-free.illinois.gov

Area establishments defy indoor smoking ban
Amendment would allow authorities to issue citations
December 27, 2008
By CYNTHIA M. ELLIS The Telegraph
photo-Roper’s Regal Beagle in Godfrey is one of the local bars that have built outdoor seating areas and covered patios to accommodate smoking patrons since the Illinois Smoke Free Act went into effect on Jan. 1.
EDITOR’S NOTE: This is the first of two parts about area compliance with the Illinois Smoke Free Act and its consequences.
The Illinois Smoke Free Act may have put an end to smoking inside public places earlier this year, but some people continue to light up despite the law.
As business owners and smokers adjust to the new law, some agree that it has produced positive results, while others are upset because some have blatantly disregarded it.
Like speakeasies during Prohibition, the area now has “smokeasies.” Almost every town has a bar or two where people know they can go to smoke without being told to extinguish it.
On any given night, a smoky haze fills the Ten Pin in Alton. Patrons gather near the bar in this small establishment on Broadway and puff away as if the Smoke Free Act doesn’t exist.
During the day, patrons usually step outside for a puff, but after 9 p.m., they throw caution to the wind and eagerly light up inside.
“I’m going to smoke in here as long as they let me,” one woman said.
Health officials said most people are adhering to the law, but nonetheless, there are those who are continuing to break it.
Melaney Arnold, spokeswoman for the Illinois Department of Public Health, said that as of Dec. 15, the agency had received 5,294 complaints through its Web site, www.smoke-freeillinois.gov, and by the toll-free number, (866) 973-4646. She said the number of complaints received is only a partial account because the public also can register complaints with any state-certified public health department or law enforcement agency.
Arnold said once a complaint is made, the information is given to the health department, which in turn sends a letter to the business’ owner.
“We really are seeing a lot of compliance,” Arnold said.
Bethalto Mayor Steve Bryant said he has heard of no problems in the village during the past six months. He said there were a few problems in the beginning; however, the establishments were notified by police that if the behavior didn’t cease, there would be further repercussions.
Bryant said that if the village received a second complaint, police were directed to issue a citation to the violators. Even though many believe the state law is toothless, Bryant said, “The law is the law.”
In November, two Joliet bar patrons were fined and sentenced to court supervision after a jury convicted them of violating the Smoke Free Act. The Will County Health Department’s Tobacco Control and Prevention program and Joliet police caught the patrons during random compliance checks.
The patrons, the first to be convicted in the state for the offense, were fined $231 each and placed on six months of supervision. Another three bar patrons also were cited and are facing bench trials set for February.
A Will County official said unannounced compliance checks are undertaken once the health department receives three public complaints alleging violations.
In Madison County, 334 complaints were filed as of Dec. 22; however, the actual number of establishments where smoking is alleged to have taken place is about 132, said Mary Cooper, environmental health services manager with the Madison County Health Department
“Several of the establishments have received multiple complaints,” Cooper said.
The top five Madison County communities in complaints received are Alton, 47; Granite City, 40; Godfrey, 20; Wood River, 17; and Collinsville, 15.
The number of complaints filed in Macoupin County is exceedingly low, compared to its southern neighbor.
“We’ve only had 30 complaints filed,” said David Hopper, Macoupin County’s tobacco program coordinator. “We’ve been really fortunate when it comes to compliance.”
Hopper said once a letter was sent to the business for an alleged violation, there typically were no more problems. He said that 23 of the complaints were received on the state’s hotline and the remaining came directly to the county.
The number of complaints received in other counties were Jersey, 27; Calhoun, nine; and Greene, eight.
Cooper said enforcement is difficult because there is no “bite” in the law.
“All we can do is send a letter,” she said.
However, she said that could change if the county or municipalities were to adopt ordinances preventing the action.
There is an amendment being proposed to Senate Bill 2707, the Smoke Free Act, to change the enforcement section of the law. The proposed amendment states that the IDPH “shall afford a violator the opportunity to pay the fine without objection or to contest the citation in accordance with the Illinois Administrative Procedure Act.”
Arnold said the proposed amendment would allow for citations to be issued, similar to traffic citations.
Several River Bend hotspots – Roper’s Regal Beagle, Fast Eddie’s Bon-Air and Sports Tap Bar and Grill – went above and beyond to accommodate smoking patrons by building outdoor seating areas and covered patios. Others simply have followed the law.
“We really haven’t had any problems with the ban,” said Tim Palermo, manager of Chico’s Lounge in Wood River.
But Palermo acknowledged it’s hard for him to make a comparison because he didn’t work at the bar and grill prior to the ban.
“The previous owner closed the place on New Year’s Day,” Palermo said. “It didn’t open again for another eight months.”
The new owners – Tina and Tom Davis and Chris Stanley – reopened the popular bar and grill at 576 S. Sixth St. on Aug. 1.
“The smoking ban has never really affected us,” Palermo said. “We’ve had a few people light up, but when we tell them they can’t smoke, they either put out their cigarette or go outside to finish. Most of the people who light up are from out of state and are here working at ConocoPhillips.”
Palermo said the longtime patrons who returned to the bar have respected the new owners and the law.
“The only real problem we have is with cigarette butts,” he said. “I’ve heard there are other places out there allowing people to smoke, and that makes it hard on those who follow the rule.”

South Side man is found fatally shot after leaving bar
Tribune staff report
October 14, 2008
A 56-year-old man was shot to death Sunday night after leaving a bar in Chicago’s West Englewood neighborhood to smoke, police said.
Officers were called to the 5700 block of South Ashland Avenue about 10:30 p.m. after the man’s body was found in the street. He had been shot in the head, police said.
Authorities identified the victim as Bruce Peebles of the 7900 block of South Parnell Avenue.

Smoking covered up funny bar smell

CHICAGO, July 26, 2008 (UPI) — A scent scientist says as communities require smoke-free public places, that funny smell that lingers after the smoke clears, or “bar funk,” is smelly people.

Through a series of scientific tests at a popular Chicago bar/restaurant, Dr. Alan Hirsch, founder of the Smell & Taste Treatment and Research Foundation in Chicago, discovered that while the odor of cigarette smoke is gone, equally offensive odors that were previously hidden have surfaced.

The tests showed that bar patrons were a major cause of the stink. Sweat was one of the top odor contributors to the “bar funk” and in addition to armpit odor, smells from patrons’ backs, heads and abdomens were also potent.

While these tests were conducted in only one bar, the results could shed light on why other smoke-free establishments are also experiencing “bar funk,” Hirsch said.

Using scientific odor-gauging instruments, Hirsch performed an “ambient odor concentration” test to quantify how bad the smoke-free bar smelled.

Based on ambient odor intensity levels — 60 being most smelly and zero being least smelly — a smoke-free bar was found to have a 50, compared to a swine production site at 60, an animal rescue facility at 30, a men’s room at 15, or industrial site at seven.

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CLICK HERE TO ACCESS PRINTOUT PETITION
Smoking Ban Rebuttal Petition to Illinois General Assembly

SHAME ON SMOKE FREE ILLINOIS!
Belleville, Illinois, Westfield Manor Apartments –
Statewide Smoking Ban Used as Excuse to Bully and Punish Disabled Seniors
(See photos and read letter)

Claim: Illinois anti-smoking law is flawed
Feb. 5, 2008

BELLEVILLE, Ill., Feb. 5 (UPI) — An Illinois state’s attorney has told police he will not prosecute people who violate the state’s new public smoking ban, it was reported Tuesday.

St. Clair County State’s Attorney Robert Haida has asked Illinois lawmakers to fine tune the law, which went into effect Jan. 1, to give prosecutors clear directions on how they should handle enforcing it, the Bellevile (Ill.) News-Democrat reported.

“It’s incomplete in its present form,” Haida said, “It doesn’t tell you how it is to be enforced. It doesn’t say if cases are to be heard in circuit court, associate circuit court, misdemeanor court. There are several technical flaws that need to be addressed.”

Despite the law’s alleged shortcomings, people who smoke in public buildings could still face fines of $250, while businesses that allow indoor smoking could be fined $2,500, the newspaper said.

“There is no problem, there is nothing to fix. The law is clear. It’s his job to figure out how to prosecute it,” said Kathy Drea, director of public policy for the American Lung Association’s Illinois office.

Look at other side of smoking ban
1/19/2008
To the anti-smoking folks writing letters to the media: There seem to be two major themes coming through loud and clear.
First is a patent hatred of people who smoke. These are your friends, relatives, co-workers, employers and employees, not to mention perfect strangers who have done you no harm. Somewhere between 60 and 90 million of us … depending on who is counting.
It takes a special kind of hate and heartlessness to force people from all walks of life, race, economic status, age, disability, etc. out into the cold to smoke. And outdoor smoking areas –no more than three walls mind you — can’t serve drinks, food, entertainment, TV, heat? This is America?
The second notion is that somehow smokers are forcing you to inhale their smoke. Can someone cite one instance where a smoker forced a non-smoker into an establishment that allows (excuse me, allowed) smoking? Maybe it’s just me, but if there is something about a place I don’t like, I don’t go there. What is so difficult about this concept? A cigar bar? Why then Mr. and Ms. Non-smoker, don’t go there if it offends you. But rather the attitude of these people seems to be “change the world to suit me”. After all, isn’t it “all about me”? No compromise? Again, this is America?
The most successful propaganda is based on the theory that the biggest lie repeated often enough sinks into the subconscious. Then, it becomes religion-like.
Spencer Hendron
Lake Barrington
&
____________________
Has ANYONE ever gotten ONE SINGLE name of 1 of the 53,000 supposed SHS deaths per year? You would think if they can make the claim, they could back it up. And yet when I asked one of these groups how they came up with their number they said “Epidemiologists use moltivariate analysis to estimate the influence of one independent on the dependent variable while controlling for the impact of the other independent variable. It is just that-an estimate”. In plain English, these number are computer generated numbers. They’re MADE UP. Let me tell you the REAL deaths. In Ohio, bars & restaurants are DYING by the 100s. Anheuser Busch sales to businesses are down 7.8%. People are losing their family businesses & homes. The sales & use taxes are down so much that the Gov. is laying off state workers & cutting programs. Unemployment rates soared for the hospitality industry. The REAL cancer is the smoking bans & it’s nationwide. It’s the hatred created towards smokers. The real deaths are our businesses, jobs and homes. The REAL cancer is the lies, deceit & corruption behind the bans. – SEE MY NEXT POST? posted by ohio bar owner on Fri Jan 25, 2008 11:01 PM
So has anyone asked themselves WHO IS BEHIND THESE BANS? Have you ever FOLLOWED THE MONEY? This is the BIGGEST CANCER OF ALL and it’s the Robert Wood Johnson Foundation. This “foundation” paid the Am. Cancer Society, Am. Heart Assoc, Am. Lung Assoc. almost ONE BILLION DOLLARS to impose “RWJF’s TOBACCO CONTROL POLICIES”: smoking bans. Why? Who is this “foundation”? They’re JOHNSON & JOHNSON. J&J; who owns Nicoderm. J&J; who bought Pfizer OTC in June 2006 to get NICORETTE for $16.6 Billion (who promised a per-share profit by 2009). They PAID the ACS almost $1 MILLION to market smoking cessation products. They PAID the ACS to LOBBY to have Medicaid pay for smoking cessation products.They PAID to CREATE THE MARKET, PAID to CORNER THE DRUG MARKET, PAID THE ACS TO MARKET THEIR DRUGS and WE lose OUR BUSINESSES? Someone please tell me how this is legal. Martha Stewart went to prison for less. This is the BIGGEST FRAUD/CORRUPTION ever perpetrated on the American People so Johnson & Johnson profits. Don’t believe me? Read their publications. They’s so brazen, they flaunt it. Write Congress. Demand an investigation.posted by ohio bar owner on Sat Jan 26, 2008 12:01 AM

WE DEMAND the truth! WE DEMAND that congress investigate the lies and deceptions perpetrated upon the American people by Johnson & Johnson, The Robert Wood Johnson Foundation, Big Pharma and the ACS, ALA, and AHA.Sign the national on-line petition to ask for Congressional Hearing into smoking bans. Learn more and sign petition at:

Children’s Home smokers must hide

January 26, 2008

As workplaces and public officials try to figure out the smoking ban, tobacco freaks might shudder at the new policy at the Children’s Home.
The not-for-profit agency has created a new smoking area for employees:

Their cars.

And only in the parking lot.

That’s it. No smoking across the street, down the block or anywhere else. Just inside cars.

And they can’t drive off, either. They may puff behind the wheel, but they can’t punch the accelerator. They must stay put.

“Sound ludicrous? It is,” one angry worker – and smoker – told me.

But the Children’s Home believes the changes best serve their clients.

“We just felt it was time to address issues, giving the change in the law,” says Arlene Happach, CEO of the agency at 2130 N. Knoxville Ave.

For more than 140 years, the Children’s Home has served kids and families – currently about 2,500 people per year. The programs include 120 children in foster care monitored by the organization, 80 youths who live on-site and 140 kids with mental and behavioral needs who attend special classes there.

The large clientele is handled by 450 employees. Until this year, workers on break could smoke in a handful of on-site designated areas.

“We were pretty loose,” Happach says. “We were looser than we should have been.”

But with the change in the law, the organization’s board of directors decided to make smoking invisible. The Children’s Home sees its workers as role models who should not smoke – at least, not within eyeshot of the kids.

That’s where smoking gets tricky.

As part of the organization’s programs, workers are supposed to spend most of their shifts with the kids. Contact is important.

“We need to minimize the amount of time they’re away from work,” Happach says.

So, workers must take their meals with the children they look after. Thus, smoking is out during meals.

Illinois labor law calls for no mandatory breaks, just a 20-minute meal per 7 1/2 hour shift. At the Children’s Home, shifts typically are far shorter than that. So, workers take brief breaks here and there, when time allows.

Breaks last five minutes or so. Thus, workers would not have enough time to drive off the property or walk down the block, out of sight of the kids.

Workers would have time to step off the campus and across the street. But they can’t smoke there – not if they want to keep working for the Children’s Home. The new policy says workers cannot smoke anyplace the kids could see them.

That leaves just one option: smoking in cars in the Children’s Home parking lot. As long as smokers stay inside their cars, the youths can’t witness any tobacco puffing.

“They shouldn’t be able to,” Happach says.

What are the options for a smoking worker who doesn’t drive to work?

“That hasn’t come up yet,” Happach says. “We’d have to find out what to do with that, if it comes up.”

Happach has heard some complaints from workers. But she thinks the Children’s Home has made the right move with the new policy.

“We’ve grappled with it,” Happach says. “We’ve had a lot of conversations. I realize not everyone likes it.

” … I understand that.”

PHIL LUCIANO is a columnist with the Journal Star. He can be reached at pluciano@pjstar.com, 686-3155 or (800) 225-5757, Ext. 3155.

Illinois Smoking Ban Legal Rights Questioned
by: Melissa Crabtree
1/22/08
Illinois’ smoking ban has been in effect for three weeks, but the rules involved with policing the law are still undecided.

No fines have been issued despite 600 violations reported state-wide. Not only do these defiant smokers want to light-up, they’re now worried about their rights if and when they’re accused of violating the law.

The Illinois Health Department and police can issue fines for anyone who violates the smoking ban.

But right now the agency’s are not issuing fines since no appeals process is set up yet.

Bi-County’s Tobacco Prevention Coordinator Adrienne Herron in Williamson and Franklin county tells me they will wait until the state finalizes the enforcement rules next month. Meanwhile, bar owners Mona and Bob Colyer ponder the legal ramifications of a smoking ban violation.

The Colyer’s are so upset over the vague smoking ban rules that they spent four hundreds dollars to post this protest letter in two newspapers this past weekend. They’re asking that people go out of state to buy tobacco products to protest the new law.

A state committee which rejected the public health department’s proposal is expected to finalize enforcement rules some time next month.

Do-Gooders Rat to Smoking Gestapo
January 22, 2008
by John Ruskin
The Southern.com cites that do-gooders have turned in nearly 600 fellow citizens for violating the state-imposed smoking ban. The smokers’ expressions of personal freedom were reported to the Smoking Gestapo headquartered at the Illinois Department of Public Health.
It’s fascinating how state government can be right on top of someone the minute they light up. But they couldn’t find an illegal alien if one hit them while driving without a license on a major Illinois highway.

Long-awaited Illinois Law Bans Smoking In Public Places

Jan 11, 2008
By Jonathan Jacobson

A stiff ban on smoking in Illinois went into effect Jan. 1.

The law, however, does not come as a surprise for many Illinois residents. It is part of a nationwide and even worldwide movement to curb smoking in public places, including France, which also put a smoking ban in place on New Year’s Day.

The Illinois ban, which covers virtually all public indoor spaces, including restaurants, bars, casinos and bowling alleys, makes Illinois the 22nd state to pass a blanket-style regulation on indoor smoking.

“We can all collectively take a fresh breath of air as this long-awaited law finally takes hold,” said Gov. Blagojevich in a statement that claims 16,000 people die of smoking-related illnesses each year.

Illinois’ nearly 3 million smokers, should they want to smoke indoors, will be relegated to their homes, some hotel rooms and retail tobacco stores, the only places the ban exempts.

All businesses not exempted are being called on to remove ashtrays and put up “no smoking” signs. Fines of $250 can be imposed on individual smokers and even higher fines can be imposed on businesses not in compliance with the new rules.

Although some municipalities had adopted similar regulations over the last few years, such as Chicago, Springfield, Champaign and Urbana, many were concerned the ban would upset local businesses.

“People over the long run are going to go out less often and not stay as long,” said Garnet Dawn Scheuer, president of Illinois Smokers Rights, which, she admits, is something of an oxymoron now. “When the Illinois Assembly passed this law, they took a lot of law-abiding citizens and turned them into potential criminals.”

Scheuer, who claimed her organization is expanding even now, said that Illinois Smokers Rights is planning to continue “civil disobedience” and is “probably going to go into lawsuits” with the state.

“You cannot uninvent cigarettes,” she said.

But one man’s nightmare is another man’s dream.

Nonsmokers and restaurant and bar workers in Illinois stand to gain the most from a smoke-free environment.

“I think it’s an excellent opportunity,” said Department of Health spokeswoman Kimberly Parker. “The fact that Illinois has gone smoke free, we think it’s a wonderful thing.”

At least one business in downtown Chicago is already profiting from the change in smoking regulations.

Mario’s Taco House, in Chicago, has decided to drop both its previous name and the tacos on its menu.

Although Mario’s Taco House had been selling cigars for a long time, the new store, called Caganchos, will sell specialty cigars and tobacco, providing an oasis for smokers with dwindling options.

Illinois’ nine casinos, all of which have been lobbying for an exemption, expect to be particularly hard hit by this ban.

Tom Swoik, the executive director of the Illinois Casino Gaming Association, had previously said that casino revenues may go down by as much as 20 percent.

“I feel as if we’ve been occupied by our own government,” Scheuer said.

Beginning Jan. 1, 2008, business owners must:Not permit smoking at their business, or within 15 feet of entrances, exits, windows that open and ventilation intakes.Post “No Smoking” signs at each entrance to the place of employment or public place where smoking is prohibited. “No Smoking” signs must comply with the specification in the Smoke-free Illinois Act.Remove ashtrays from areas where smoking is prohibited. Source: smoke-free.illinois.gov

Committee rejects rules to accompany smoking ban
Jan. 9, 2008
By Stephanie Sievers , ssievers@qconline.com
SPRINGFIELD — A state committee rejected administrative rules for the statewide smoking ban Wednesday, but that doesn’t mean smokers can go back to lighting up in bars, restaurants and other indoor, public places.
The week-old Smoke-Free Illinois Law and its penalties are very much in place, even if lawmakers and the Illinois Department of Public Health can’t yet agree on all of the rules to administer it.
“The law is in place. The rules are simply there to clarify,” said Melaney Arnold, spokeswoman for Public Health.
“People want to know how to proceed, and the rules would allow them a little bit better idea of how to” do that, she said.
Wednesday, the Joint Committee on Administrative Rules, a bipartisan legislative panel, rejected Public Health’s proposed rules, saying they were concerned that a violator’s due-process rights weren’t adequately spelled out.
Under the law, an individual who violates the ban can be fined between $100 and $250. A business that fails to comply can be fined at least $250 for the first offense, with higher fines for additional offenses.
“The rulemaking contains no process by which an accused violator can argue that no violation occurred, appeal a finding of a violation or appeal the amount of the imposed fine. An alleged violator’s only options are to pay the fine or challenge enforcement action through the circuit court,” said Rep. Lou Lang, D-Skokie.
But Marilyn Thomas, chief legal counsel for Public Health, said the fact that violators can seek redress in the state court system does provide due process.
JCAR asked the agency to take another 30 days to negotiate possible amendments, but Thomas said the law is already in place and the rules, which cover everything from ashtray removal and the design of “no smoking” signs to designating areas smoke-free, are needed now.
Gov. Rod Blagojevich has previously questioned JCAR’s authority to block agency rules, but Ms. Arnold would only say that Public Health will continue to work on the rules and evaluate its next step.
Mike Grady, director of public policy and government relations for the American Cancer Society, said the ongoing debate over rules shouldn’t impede the law.
“From our vantage point, it appears it’s a discussion over how best to clarify some of the smaller, outstanding issues that are out there. But the main issue remains the same — the law is the law. It was enforced yesterday, it’s enforced today,” he said.
The smoke ban went into effect on Jan. 1 and the state has already received about 300 complaints through its Web site and toll-free phone number regarding individuals and businesses not complying, Ms. Arnold said.
Jenny Barrie, health educator for the La Salle County Health Department, said the state has been forwarding a few complaints about possible violations to the county each day.
The Illinois Department of Public Health, local public health departments and local law enforcement agencies have been charged with enforcing the law.
Formal administrative rules would be helpful, but don’t preclude the enforcement of the ban.
“We were hoping the rules would be passed just for additional guidance. They do tend to clarify the law,” Ms. Barrie said.
So far, a lot of the local effort has involved educating people and businesses about what is expected of them under the law, said Linda Hildebrandt, with the Kankakee County Health Department’s Health Promotion Program.
“In my opinion, the majority of people want to be compliant,” she said.
The Rock Island County Health Department did not return a call for comment Wednesday.

Public vs. private property

December 28, 2007
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I never heard any big outcry from the public to ban smoking. I only heard in a newscast that they did it. I also never heard any of the arguments from the side of the people against the ban.

I have no idea why it is I that has to tell our elected officials that a school, a firehouse, a courthouse, a police station, a library, etc. are public places and that our learned elected officials are in charge of those properties. A restaurant, an office building, a hotel are PRIVATE PROPERTY!!! They are owned just like your home by individuals and corporations.

Where in the name of God do they think they can ban the use of a legal product on private property?

Our rights as property owners are being taken away from us by these socialistic politicians and no one seems to be able to stop them, because even the judges who are supposed to protect us from this tyrannical behavior do not understand the Constitution of the United States of America.

For years I’ve had to listen to these overpaid idiots talk about “public places,” including my restaurant as part of them. They only understood the difference between public and private property when I asked that if my walk-in refrigerator broke down, may I have tax dollars to fix it? OH WAIT! Now they understand the difference between public and private property.

Second-hand smoke has killed no one as a 35-year study from England has proven, which the mainstream media has chosen to ignore. If in fact second-hand smoke killed, it would have left many victims in the baby boomers age bracket and the pets they grew up with dying of lung cancer.

Speaking of lung cancer, I would prefer dying of that excruciating pain than to live under a socialist government.

Raymond Weiland
Lake Villa, Ill.

NEW
Open Letter to the American Cancer Society
Requesting Documentation for Smoke Free Illinois Health Claims

PETITION – Illinois Smokers Rights – Letter to ACS

ATTENTION SMOKERS
Illinois General Assembly “FINAL ACTION” dates have been extended to January 10, 2008 for:

HB0556 – PROPOSED CIGARETTE TAX INCREASE
11/30/2007 House Final Action Deadline Extended-9(b) – January 10, 2008
Last Action – 8/10/2007

HB0025 – RIVERBOAT GAMBLING-ADMIN
11/30/2007 House Final Action Deadline Extended-9(b) – January 10, 2008
Last Action – 6/1/2007

HB2035 – IDOT-FUNDING GRANT PROGRAMS
11/30/2007 House Final Action Deadline Extended-9(b) – January 10, 2008
Last Action – 9/19/2007

Senate Floor Amendment 8: “…Creates the Chicago Casino Development Authority Act. Creates the Chicago Casino Development Authority and vests its powers in the Chicago Casino Development Board. Provides that the Board shall select casino operators to develop and operate a land-based casino in Chicago…”

HB3740 – BUDGET IMPLEMENTATION-FY2008 (Illinois State Fiscal Budget)
11/30/2007 House Final Action Deadline Extended-9(b) – January 10, 2008
Latst Action – 6/28/2007

“…Creates the FY2008 Budget Implementation Act. Provides that the purpose of the Act is to make the changes in State programs that are necessary to implement the Governor’s FY2008 budget recommendations.
Effective July 1, 2007…”

Garnet Dawn Scheuer Skewed statistics to create smoking bans
December 15, 2007
The Smoke Free Illinois Act (Senate Bill 500) has been based upon health claims from the American Cancer Society. On behalf of Illinois Smokers Rights, the 2.8 million smokers and the thousands of small businesses who will be affected, I am requesting clarification and validation for those health claims.
To institute this invasive and extreme smoking ban, the public needs to learn if any concrete evidence can be provided to validate these claims. A law of this magnitude, with widespread social impact and based upon ACS epidemiological studies, needs to be documented for public review and shared in understandable format.
Reports containing computer-generated statistics of mortalities and illness are not sufficient. Also insufficient are the previous Surgeon General’s 700-plus page smoking report, which simply rehashed previous Surgeon General claims and republished previous tobacco studies which had never been able to document any conclusions more definite than finding a “casual relationship” between environmental tobacco smoke (ETS) and health threats.
One particular abuse example for this fully justifiable request to require accurate documentation for Illinois tobacco smoke health threats claimed by the ACS, tobacco control agencies and our Illinois elected representatives is the currently distorted “16 cigarettes” claim www.smokefreeillinois.net/info.php : “One eight-hour shift in a smoky workplace is the equivalent of smoking 16 cigarettes.” (In actuality, the equivalent is approximately one-fifth of a cigarette.) Why the need to be deceptive?
An in-depth study analyzing the dangers from ETS was published to help fuel the promotion of smoking bans in all enclosed establishments, including bars and restaurants. That study proved that measurable amounts of n-Nitrosodimethylamine (NDMA) could be found inside smoke from cigarettes and was published, not identifying the offending carcinogen or placing it in proportion with similar amounts also contained in our water, food and other common substances.
The American Cancer Society has implied through incomplete references that breathing in an environment containing (or that has contained) secondhand smoke is the same thing as actively smoking. This leaves 98 percent of those who have listened to current ETS health dogma misinformed. While the scientific community defends themselves by saying that even attempting to explain the epidemiology of secondhand smoke would not be practical for public consumption.
The bulk of blame still remains upon the manner in which ETS statistical findings have been originally presented and manipulated. Most were intended to create smoking bans. This distortion has been perpetrated by tobacco control with full intention of deceiving and creating false health claims.
The public is being terrorized by phony health claims and needs clarification that n-Nitrosodimethylamine is the referenced element for the “16 cigarette” media blitz, and that NDMA is another common carcinogen and threatens us most seriously in our drinking water and food supply.
Solid proof is required for Illinois (or any other U.S. governing body) to justify bending our constitutional republic’s governmental framework and dismissing the protected liberties in several amendments. The Smoke Free Illinois Act basically ignores our First, Fourth, Fifth, Ninth and Fourteenth constitutional amendments. Considering the serious statewide repercussions from this law, justification is required, not vague interpretations of “casual association” health threats.
In addition, ACS financial ties with nicotine replacement products manufactured by the pharmaceutical industry, who hope to increase sales because of this ban, should also be published to avoid misrepresentation of charitable interests and to supply full and honest disclosure to interested parties.
Garnet Dawn Scheuer is a spokeswoman for Lake Bluff-based group Illinois Smokers Rights

Illinois smoking ban goes into effect Jan. 1

December 13, 2007
BY CHRIS WETTERICH, GATEHOUSE NEWS SERVICE

SPRINGFIELD – The Illinois General Assembly’s Joint Committee on Administrative Rules will not vote on proposed rules for the statewide smoking ban until Jan. 9, but the law will go into effect as written Jan. 1.

“The law supercedes the rules,” Kimberly Parker, a state Department of Public Health spokeswoman, said Wednesday. “The law goes into effect as announced.”

JCAR consists of 12 senators and representatives from both parties. It reviews rules made by state agencies and can make suggestions, object to and prohibit rules from taking effect, according to its Web site.

But Gov. Rod Blagojevich, in a recent controversial decision related to his desire to expand state health-care coverage, decided that JCAR has no power to block administration actions.

Rebecca Rausch, a spokeswoman for the governor, did not return a phone call seeking comment.

The specifics of the smoking ban were turned over to JCAR in late November, so it has until Jan. 9 to approve them. JCAR and the administration could agree to an extension of that deadline. Jan. 9 also is the next day the panel will meet in Springfield.

Rep. John Fritchey, D-Chicago, said JCAR’s delay in voting on the rules is because questions remain about the best way to enforce the law.

“There’s stuff statutorily that should be in there that’s not,” said Fritchey, a member of JCAR. “There’s a strong concern that the implementation of the act follows the intent of the legislation and does no more or no less.”

Among the questions that still need to be answered is whether State Police should enforce the ban, how people can contest citations they receive, whether facilities where smoking research is conducted should be exempt, and how to interpret the part of the law banning smoking within 15 feet of entrances.

For example, Fritchey said, does a business get ticketed if a person waiting to cross the street in a rain shower is standing under a canopy smoking?

“There’s a gray zone. I don’t believe anybody intended for a private business to be liable for the actions of a private citizen who’s not a patron,” said Fritchey, who voted for the bill. “One would always hope common sense rules the day. But history has shown we need direction for those who show less common sense than others.”

There also is no provision for fines to be contested under the state law, a concern brought up by local health officials at a recent meeting to discuss the law.

Springfield and the unincorporated parts of Sangamon County do have a hearing process under their local smoking bans.

The efficient thing to do would be to send a “trailer bill” through the legislature to clean up the language, Fritchey said, but there is a concern that “when you open the door a bit, you have a number of folks that would try to kick it all the way open.”

Another potential problem is that there does not appear to be an exemption for tobacco research being done at Northwestern University in Chicago, said Sen. Maggie Crotty, D-Oak Forest.

“I think a lot of these things can be worked out,” Crotty said.

In the meantime, Fritchey said, the law as written should be enforced starting Jan. 1.

The statewide ban affects all indoor workplaces and spaces open to the public. The only exceptions are for private homes not used for adult day care, child care or health care; private vehicles; private nursing home rooms; retail tobacco stores; and designated hotel and motel rooms.

Countdown to smoking ban in Illinois
Dec 5, 2007
by: Chris Minor
26 days from today, you can’t smoke in bars like O’Keefe’s Sports Pub in Moline. That’s a fact. Still, there are some grey areas when it comes to the new law and enforcing it.

Opposes smoking ban on constitutional grounds
December 5, 2007
I have just finished reading your latest Sunday morning sermon on the upcoming statewide smoking ban. I shall respond to this by commenting not so much on what was said, but on what was not said.
You failed to mention in this sermon, that a least a dozen establishments went out of business either partly or totally because of the local smoking ban. Some of these had been part of the culture of this city for decades. The Fairview, George Ranks and Spillway Lanes are among them.
You did not give specific numbers on the sales tax revenue increase from bars in this sermon. You really only were specific about the restaurants and I can see why. While there was an increase after the ban for bars, it was only an average increase of 8.5 percent for the two quarters after the ban took effect, compared to an average increase of 20.28 percent in the three quarters before the ban took effect. You were also silent as to the fact that more than 1,000 communities in this state did not pass the ban. Among these were the city councils of Peoria and Carbondale, which did vote on this and said no.
My basic objection to this statewide smoking ban is on constitutional grounds. The Constitution is supposed to be the supreme law of the land. And yet, the smoke-free coalition backed by this newspaper and others, has in effect suspended the Constitution and imposed medical martial law on this state. This is wrong. It violates the takings clause of the Fifth Amendment since it deprives property owners of the use of their property without just compensation. If you take part or all of the property, you have to pay the owner.
Because of this new edict and others like it, I have to wonder if Illinois is really still part of these United States anymore. I can now see why more folks are really starting to like Missouri.
John M. Palmer Jr.
Springfield

Does Illinois ‘seem to do everything wrong’ as other states may think
?
December 2, 2007

It’s no surprise that the bumbling in Springfield has been noticed by folks outside the Land of Lincoln.

Last week, Ernest Yelton, executive director of the Indiana Gaming Commission, spoke at a symposium about the state of gambling in Indiana. My colleague at the capitol in Indianapolis, Patrick Guinane of The Times of Northwest Indiana, covered the event.

Of particular concern to Yelton and other Indiana officials are casinos in surrounding states that might cut into state revenues. Kentucky is talking about an expansion of gambling. A casino is operating just across Indiana’s northern border in Michigan.

But it seems clear from Yelton’s comments that Indiana officials are not too concerned about a proposed expansion of gambling in Illinois.

“One of our advantages to Illinois is they, historically, seem to do everything wrong. Everything they seem to do has backfired and it has been to our benefit,” Yelton said.

As an example, Yelton pointed to the passage of Illinois’ statewide smoking ban, which goes into effect Jan. 1. Casinos are not exempted from the law.

“Well, when Don Barden bought the Trump (Casino in Gary) he made one floor smoke-free and within two weeks he had to change it because people wouldn’t go. Gamblers smoke. I don’t like it. I don’t smoke, but they do,” Yelton said.

Yelton pointed out that the disagreements that have dominated Illinois politics come at a time when Democrats control all branches of state government.

“I just see no agreement from those people,” Yelton said.

So, there you go. Now even the Hoosiers are making fun of Illinois.

Smokers attack language of statewide ban
By Jake Griffin
11/15/2007
Smokers’-rights advocates know they can’t stop the pending statewide public smoking ban, but they’re continuing their attack on the language contained in the law.
With just days left in the public comment phase before an Illinois Department of Public Health review panel signs off on the wording, smoking advocates are urging supporters to demand certain language be clarified or deleted to make the law fair.
“With the language as it is now, they could be going after business owners who aren’t even on the premises, and that’s against the basic tenets of law,” said Joe Fay, who leads a group called ProSmoke Naperville.
The public comment period ends Monday, but the law takes effect Jan. 1. State public health officials said they have received about 30 submissions so far. Most comments express concerns about enforcement and outdoor patio exemptions, spokeswoman Melaney Arnold said.
Arnold said residents can visit the agency’s Web site at www.idph.state.il.us/rulesregs/proposedrules.htm or call (217) 782-2043 to submit comments.
Much of Fay’s criticism of the new law is aimed at those aspects that affect restaurant and bar owners.
“I certainly don’t know how it’s going to be enforced, first of all,” said James Bergeron, a restaurateur and chairman of the Downtown Naperville Alliance. “I’ll just have to wait and see because I have no idea how the state or county will try to enforce it.”
The current language leaves punitive enforcement in the hands of local public health departments and municipal police departments. However, it also requires a certain level of enforcement from business owners and employees without specifically spelling out what level that should be.
Fay said such vagueness of enforcement components in other smoking bans around the country have led to ticketing business owners and lawsuits.
Bergeron also complained about vagueness in the law regarding smoking on outdoor patios.
“The way I understand it is you can smoke outside as long as it’s 15 feet away from a door or window,” he said. “My patio goes out about 25 feet. Am I supposed to put a line down the patio?”
Bergeron said he may just wind up entirely banning smoking on the patio at Jimmy’s Bar & Grill.
“That’s a very possible reality because it may be too difficult to enforce smoking in one place and telling someone they can’t smoke 12 inches away,” he said.
Rick Sweeney, chairman of the Restaurant Association of Naperville, expects growing pains as the law is enacted and is hopeful police and health officials will be cognizant of that when responding to any complaints.
He also is worried the patio law may give some businesses an advantage.
“Certain people are going to lose business because they don’t have patios,” he said. “I foresee a time when you can’t even smoke outdoors.”
The Naperville City Council has the power to make a citywide smoking ban more restrictive, but not less. However, city officials said there are no current plans to modify the state’s proposal.

PLEASE HELP!
Challenge
“Smoke Free Illinois Act”

Choose and print
Your
Public Health letter

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Please Take Action! Send your letter!
Public Health Comment Letters
Challenging “The Smoke Free Illinois Act” Rulemaking Process

Please reference the October 5, 2007 issue of the Ilinois Register here.
(Volume 31, Issue 41) Pages 622 through approximately 648.

The Illinois Register provides the guidelines to comply with the January 1, 2008 smoking ban.
The public has until mid-November to submit comments and responses.

The enforcement aspects of Smoke Free Illinois are consistent with the Austin, Texas ban. In October of 2006 the Austin ban’s Bar/Restaurant enforcement penalties were enjoined by Federal Judge Samuel Sparks for being “Constitutionally Vague”. We have the same issue here in Illinois. Have our representatives and their legal advisors done any homework on this important issue?

We need to strike down the enforcement aspects of the Illinois law placed on Restaurants and Bars. This will a least allow bar and restaurant owners to “Look the other way”.
Smoking is everywhere in Austin Texas again since the injunction.

Please review the long and short standard letters linked here and choose the one you prefer.
They are already formatted.

Illinois Public Health Comment Letter
Illinois Public Health Comment Letter – Short Version

Simply click on either link and print out the letter you choose, sign and mail it to the supplied address for the Illinois Department of Health, Legal Services Division. These letters will have a far more significant effect sent through the United States Post Office as hard copies.

We also need to mail our letters to the Illinois Department of Health within the next two weeks to be delivered by November 15th. Please also share these with our Illinois Bars and Restaurants.
http://ilsos.net/departments/index/register/home.html
______________________________
Garnet Dawn – Illinois Smokers Rights – http://www.illinoissmokersrights.com/
The Smoker’s Club, Inc. – Midwest Regional Director
The United Pro Choice Smokers Rights Newsletter –
http://www.smokersclubinc.com