Tuesday, September 2, 2008

Sheila Kromer: Theater Night Update

Hello Everyone -

It has been a while since my last update. I have read and continue to keep myself informed of the "anti-smoking" policies cropping up all over the nation and beyond. The strategy that the anit-smoking groups use is at least consistent, “Divide and Conquer”. Think about it. They are successful in getting laws passed at a local level (most often with behind the scenes tactics) and this then puts the community at an economic disadvantage with surrounding communities that do not have those laws. Well, guess what follows… a rift between hospitality venues is born, which then divides the industry and everybody logically looks out for themselves. Does “leveling the playing field” sound familiar? If the “anti’s” can encourage “in-fighting” then they gain the upper hand and it is easier for them to conquer small factions then it is an entire army. A fairly good strategy, I must admit. I suggest that all of us in the hospitality industry should also have a strategy, “Do not let them divide us but instead we should all stand together and fight for all of our rights to make our own decisions…be a bar or restaurant. We do not need a law to tell us to go smoke-free...we are smart enough to decide for ourselves to go the smoke free route or not. The only way to have a level playing field is when we in the hospitality industry are free to make our own choices concerning a "legal" product. If we don't band together and look out for each other, many more "choices" will be taken from us in the future. In the future...we should become familar with the word "Preemption" so that we can put a "chink" in the armor of the "do gooders" so that they cannot divide us on a local level !


Did you know that Clearway Minnesota has been "lurking" on the www.banthebanminnesota.com website? I wonder what they were doing there? Well, I would just like to give Clearway a big "WELCOME" to the website and to please feel free to visit anytime and spend as much time as you want. Apparently, the site must be noteworthy since they spent nearly an hour on it.

For any of you that are not familar with Clearway, below is a letter that Sue Jeffers (KTLK 100.3 radio show host) sent to the Attorney General regarding Clearway (aka MPATT).


Letter to Attorney General

To: Attorney General Lori Swanson,

In 1994 MN sued the tobacco companies in the legendary lawsuit netting a judgment of $6.1 billion. In 1998 at judge approved the state plan to create MPAAT and allocating them 3% of the judgment. MPAAT was given a clear mission: to help smokers quit. The plan called for $102 million into a smoking cessation account. Another $100 million was to be used for research.

The tobacco settlement was the first time in MN history that a MN Attorney General and the legislature allowed the collection of litigated funds. Using state and federal offices these funds were specifically to be used by un-elected, non-profit and politically active citizens without legislative oversight. This is a clear violation of our constitution to divert money that rightfully belongs to the people of MN with no public accountability or legislative authority.

Instead, MPAAT/ClearWay has pursued prohibition as its centerpiece. These organizations have provided millions of dollars for campaigns to pass no smoking ordinances including the 2007 state wide smoking ban that has divided communities and damaged businesses, jobs and revenues.

History:
MPAAT was an independent, non-profit organization that improves the health of Minnesotans by reducing the harm caused by tobacco. It serves MN through grant-making programs, QUITPLAN stop smoking services and statewide outreach activities.

Without judicial or legislative approval MPAAT changed its name, missions and goals, clearly outside the scope of its original intent. Becoming ClearWay Minnesota its goal and mission is reflected in the following statement:
ClearWay MinnesotaSM is an independent, nonprofit organization that improves the health of all Minnesotans by reducing the harm caused by tobacco. Our mission is to enhance life in Minnesota by reducing tobacco use and exposure to secondhand smoke through research, action and collaboration.

We use our portion of the settlement to help Minnesotans quit smoking and tobacco use, and to fund research, intervention and community development projects around the state. We work to raise people's awareness of the dangers of tobacco use, and to make Minnesota a safer, healthier place.

I have several complaints against this organization:
MPAAT/ClearWay Minnesota has illegally changed the original scope and mission of its organization without legislative or judicial approval.
Millions of dollars, money that rightfully belongs to the people of MN, continues to be spent on projects, lobbying and advertising outside the scope of the original intentions.
MPAAT president claimed in 2005 that "MPAAT has made tremendous progress with our stop smoking programs." Yet in spite of the millions of dollars that have been spent MPAAT/ClearWay Minnesota' web site claims in 2007 to have assisted 7803 to quit smoking. The program is a failure.
MPAAT/ClearWay has not been held publicly accountable to the people of MN on the expenditure of said public funds recouped in the lawsuit.
ClearWay Minnesota reportedly spent $122,902 on illegal lobbying in the 06 legislative session. This practice is a clear violation public funding and its mission. It is illegal, unethical and unconstitutional for a legislature to fund, with public money, using private citizens to lobby against other citizens for legislative approval.
June 27, 2002 Ramsey County judge ordered MPAAT administrator to stop grants for smoke free indoor air efforts until it has spent a comparable amount on individual cessation efforts.
MPAAT ordered a survey to determine the wishes of the citizens of MN and selectively chose to use a small portion of the survey.
MPAAT/ClearWay Minnesota is not held to the same standards as other non-profit organizations. Required only to send the legislature and the court a progress report every two years for a biannual review.
While ClearWay Minnesota has removed its inaccurate claim that secondhand smoke exposure reduces coronary blood flow in healthy young adults no public correction has been published. Ditto for the 4.000 chemicals, the health care costs, the losses, exposure and risk and OSHA standards.
Current statistics show smoking bans do not help people quit smoking and in fact in some studies show an increase in smoking.
I am requesting a lawsuit by the state of MN, in the name of the people of MN, for the return of all monies illegally spent by MPAAT/ClearWay Minnesota outside the scope of the originally intended legislative and judicial directive from the tobacco settlement.

This should include an intensive and complete investigation of ClearWay Minnesota spending practices, full public disclosure of every dime of taxpayer dollars or settlement monies ever spent by ClearWay and MPAAT and the return of all moneys illegally spent by this organization.

Finally, I am requesting a full-page apology printed in every newspaper in the state of MN announcing this organization willfully and knowingly intended to deceive the people of Minnesota about the effects of secondhand smoke. This apology should include OSHA’s statement stating ventilated bars and restaurants are safe.

Sincerely,
Sue Jeffers

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