Thursday, June 26, 2008

Smokers of all countries, unite!"


Greg - This is a good article.



http://forces-germany.blogspot.com/2008/06/smokers-of-all-countries-unite.html

Smokers of all countries, unite!"

Our opening fanfare is a text by Guenter Ropohl, an outspoken critic of “health fascism”. Professor Ropohl has a Ph.D. in engineering (same as the infamous Stanton Glantz, ironically) and later specialized in sociology and philosophy of technology. He has written a couple of excellent pieces on junk science and smoking bans.
The following call, which we wholeheartedly support, is a part of his website translated into English.
Smokers of all countries, unite!
Millions of our people are being deprived of fundamental rights, on a worldwide scale there are hundreds of millions. They are refused the right to enjoy tobacco in public buildings, transportation, and places like restaurants, pubs, and bars. So their basic right to social interactions expressing their own personalities and choices is drastically restricted. This will certainly not stand up to judicial review by supreme and constitutional courts.
This violation of basic human rights is justified by the claim that a higher ranking value is at stake, the health of nonsmokers. The environmental air, it is said, is polluted by tobacco emissions which, involuntarily (“passively”) inhaled by nonsmokers, will cause lethal diseases.
This claim, invented in the USA some 30 years ago, has been examined ever and again. Most of the studies it is based on, however, are nothing more than statistical estimates. The results, inconsistent and highly debated among scientists, are not able to demonstrate causal evidence for the alleged health dangers of environmental tobacco smoke. Activists of public health, however, vehemently maintain the contrary and seek to abolish a basic human right just because of scientifically questionable speculations. To control an unproven hypothetical risk they fight against real freedom.
The smoking bans offend against a fundamental principle of legislation: the principle of appropriateness.(1) Smoking bans are not a suitable means for establishing an additional protection of health. If environmental tobacco smoke really does not harm people’s health, smoking bans are not only unsuitable, but do not make any sense at all.(2) Smoking bans are not required. Even if they may be suitable to protect a minority of sensitive nonsmokers against annoyance, there are measures more moderate that would obtain this protection goal. In public places, separated nonsmoker and smoker areas may be set up, so that everybody has a free choice. This had been successful in railway trains for years, until total smoking bans now are introduced that clearly have no basis at all.(3) The disadvantages of general smoking bans are out of proportion to very questionable benefits. Millions of people have their participation in public sociability and mobility strongly interfered with. In work places, long distance trains, hospitals and retirement homes they are forced to painfully refrain from enjoyment. Finally tens of thousands of restaurant and bar owners are threatened with the loss of their business, and traditional pub and tobacco culture is being destroyed.
The managers of airlines, transport services and public buildings misuse the baseless fear of tobacco smoke as a cover-up for saving money on cleaning and ventilation through smoking bans. Yet the smokers enrich public finances through enormous sums of tobacco taxes. The basic right to full personality and social development is to be sacrificed on the altar of misplaced stinginess.
Managers and organization persons belong to the so-called ”higher circles”, and among those people smoking has come out of fashion. The “higher circles”, however, exercise the power in society. What they on their part, more or less voluntarily, are refraining from, they try to forbid others: the hairdressers and the lorry drivers, the office employees and the workmen, the shop assistants and the labourers, in a word, the “ordinary people”, who cannot stand up on their own.
The fight against smokers is a novel class struggle, a class struggle from the top. Health fanatics and managers form an alliance against the smoking third of mankind to deprive them of freedom and life enjoyment. Just as in former times the labour movement had to fight for their rights by forming powerful organizations, nowadays the smoking people have to resist growing suppression attempts. Smokers of all countries, unite!

Guenter Ropohl (Professor Emeritus of General Technology at the University of Frankfurt on Main, Germany)

Wednesday, June 25, 2008

Lawyer Mark Benjamin RE: MN Smoking Ban

We successfully filed our Notice of Appeal with the MN Court of Appeals on June 9th. We are waiting for the transcript of the court trial of May 23rd. I have two law students who will be working with me to research and write the appellate brief.The city attorney for Babbitt, Mike Kearney, was served with the Notice of Appeal. However, I expect the Attorney General's Office will be involved in the reply to our brief, given that we are dealing with a major piece of legislation.I expect that oral arguments will take place this fall and a decision will come out in late fall or early winter.I will, of course, send out Press Releases whenever anything major occurs. If you want to talk, don't hesitate to give me a call.BTW, Sue Jeffers will be hosting a talk show regarding the smoking ban on KTLK 100.3 FM this Saturday from 5 to 7. I expect that I will be one of the people on the show as will some bar owners.-- Mark Benjamin

Olmsted County fair goes smoke-free

Red Rant: A month before the Olmsead County Fair and they still haven't updated their website, but they have time to play prohibitionist. http://www.olmstedcountyfair.com/

Hey Greg - Can we Post.
Article in Pioneer Press & Star Tribune about Olmsted County Fair being smoke free.Olmsted County fair goes smoke-freeAssociated Press Article Last Updated: 06/24/2008 12:26:20 PM CDTROCHESTER, Minn. — This year's Olmsted County Fair will be smoke-free — even in outdoor areas like the midway. The county's Smoke-Free Workplace Ordinance and the Minnesota Freedom to Breathe Act went into effect after last year's fair, so this will be the first year fairgoers will have to comply with the laws. Rich Peter, Olmsted County's environmental health director, said the fair will be a no-smoking zone because it's part of a public park and young people are at the fair at all hours. The county's residents are already used to smoke-free restaurants, workplaces and public buildings. But fair officials said they will have signs to let visitors know that the fair is now smoke-free. The only exceptions will be inside vehicles in the fair campground and possibly in adult-only smoking areas.

Tuesday, June 24, 2008

Subject: Theater Night Update 6-23-08

Subject: Theater Night Update 6-23-08
Hello Everyone -

Time for another update. Sue Jeffers hosts a radio show every Saturday between 5-7 PM on KTLK 100.3 FM. This Saturday, June 28th, she is having a show on the smoking ban and she has asked me to be a guest on her show. Sue would also like to get input from all of you on "What would you like to hear?" E-mail me with your thoughts and I will pass it on.

Some items of interest below include:
1) The video of the Morning Show with Mike & Juliet. It's a short video which includes Weyco's smoking policy for employees and their spouses (no smoking or get fired). John Banzhaf (of ASH) should be careful of what he preaches, obesity is the next wave and by the looks of him....he could be in trouble! Good thing he doesn't live in Japan!
2) The Iowans are serious about the smoking ban and are planning to go national. I think our state should join the team, I will be contacting them to offer our support.
3) Looks like Japan is serious about obesity. How long will it take to get to that level here? In my opinion, probably not long with the legislators that we have in office....but that can change!

Enjoy!

Sheila





From The Smokers club inc website (http://www.smokersclubinc.com/index.php)

The Morning Show with Mike and JulietSmokers Rights, Firing Smokers, Smoker's Breath Air PollutionJune 19, 2008 The Fox NetworkGary NolanCitizens Freedom Alliance, Inc.
WATCH THE VIDEOhttp://www.smokersclub.com/video/nolan061908l.wmv




Smoking ban fight to go national
Published: June 21, 2008 01:02 amCLINTON — Those fighting to overturn the smoking ban in Iowa are looking to band together with groups from other states and take thefight all the way to the U.S. Supreme Court.Legislature passed the smoking ban last session, which prohibits smoking in most public places. The ban affects restaurants and barsbut provides exemptions for gambling areas of casinos and the Iowa Veterans Home at Marshalltown.In April, the Clinton Organized Bar and Restaurant Association announced plans to join forces with other bar and restaurantassociations and establishments across the state of Iowa to file an injunction against the smoking ban. But, after learning that the actincludes a clause preventing any injunction from stopping the law from going into effect, the group began investigating other avenuesto pursue.During a recent meeting of the Clinton Organized Bar and Restaurant Association, COBRA President Jon Van Roekel noted that he and COBRAmember Gary Sawyer met with "key players" on June 11 in Grinnell. Van Roekel said several states are actively fighting the ban, but said
some are "coming to a wall." He said COBRA officials have decided to forgo attempting to gain a level playing field at the state level andintend to create a unified front against smoking bans by taking the fight nationwide and declaring the matter a personal property rightsissue.Van Roekel said COBRA members have contacted representatives of groups involved in a smoking ban fight in nine states and have 11more states to contact. He said that so far, all those contacted are "on board" with making the smoking ban fight a national issue.Van Roekel said the key objective is to band with groups from other states to pool experience and information, as well as resources andfunding, because it will cost millions of dollars to take the issue to the U.S. Supreme Court. He pointed out that the Supreme Court hasissued previous rulings siding with property owners regarding personal property issues."They cannot tell you what you can and cannot do with your own personal property within reason," Van Roekel said.Van Roekel added that the Iowa smoking ban could be overturned by another legislative vote. He said if four seats in the Iowa House ofRepresentatives can be overturned, or if incumbent Democrats could be unseated by Republican challengers, a legislator could reintroducethe issue and a new vote potentially could overturn the ban.Van Roekel noted that currently, studies have not shown a positive link between secondhand smoke exposure and cancer in a work-relatedenvironment.He said that if information attesting to that can be introduced in a court of law, it would remove the foundation of the smoking banargument and the ban would be overturned. He stated that the only information legislators considered in ruling on the ban was fromgroups in support of the ban and remarked that Sen. Roger Stewart refused to present opposing information. Van Roekel said someDemocrats who based their decision on information that was incorrect, are now seeing negative personal impacts from their vote.He advised the group that the Health Department is sending information about the ban via e-mail, informing bar and restaurantowners of their responsibilities regarding the ban. He said the regulation stipulates that if an owner or staff sees someone smokingillegally, they "should" ask them to stop. If the person continues, Van Roekel said, the person "may" ask the smoker to leave thebuilding and "may" stop serving them. He said if the smoker continues to refuse, the person "may" call police.According to the draft administrative rules intended to supplement implementation of the law from the Iowa Department of Public Health,the primary goal of the IDPH is to promote compliance once the law becomes effective by educating the public and business owners aboutthe Smokefree Air Act. Clinton Police Chief Brian Guy said no intergovernmental agreements have been reached to get local lawenforcement agencies involved in pursuing violations of the smoking ban as of yet. He said if the Clinton Police Department receivestelephone calls regarding smoking ban violations, complaintants will be directed to call the Iowa Smokefree Act Helpline.http://www.clintonherald.com/local/local_story_173010202.html


Japan, Seeking Trim Waists, Measures Millions
By NORIMITSU ONISHIJune 13, 2008
AMAGASAKI, Japan — Japan, a country not known for its overweight people, has undertaken one of the most ambitious campaigns ever by a nation to slim down its citizenry.
Summoned by the city of Amagasaki one recent morning, Minoru Nogiri, 45, a flower shop owner, found himself lining up to have his waistline measured. With no visible paunch, he seemed to run little risk of being classified as overweight, or metabo, the preferred word in Japan these days.
But because the new state-prescribed limit for male waistlines is a strict 33.5 inches, he had anxiously measured himself at home a couple of days earlier. “I’m on the border,” he said.
Under a national law that came into effect two months ago, companies and local governments must now measure the waistlines of Japanese people between the ages of 40 and 74 as part of their annual checkups. That represents more than 56 million waistlines, or about 44 percent of the entire population.
Those exceeding government limits — 33.5 inches for men and 35.4 inches for women, which are identical to thresholds established in 2005 for Japan by the International Diabetes Federation as an easy guideline for identifying health risks — and having a weight-related ailment will be given dieting guidance if after three months they do not lose weight. If necessary, those people will be steered toward further re-education after six more months.
To reach its goals of shrinking the overweight population by 10 percent over the next four years and 25 percent over the next seven years, the government will impose financial penalties on companies and local governments that fail to meet specific targets. The country’s Ministry of Health argues that the campaign will keep the spread of diseases like diabetes and strokes in check.
The ministry also says that curbing widening waistlines will rein in a rapidly aging society’s ballooning health care costs, one of the most serious and politically delicate problems facing Japan today. Most Japanese are covered under public health care or through their work. Anger over a plan that would make those 75 and older pay more for health care brought a parliamentary censure motion Wednesday against Prime Minister Yasuo Fukuda, the first against a prime minister in the country’s postwar history.
But critics say that the government guidelines — especially the one about male waistlines — are simply too strict and that more than half of all men will be considered overweight. The effect, they say, will be to encourage overmedication and ultimately raise health care costs.
Yoichi Ogushi, a professor at Tokai University’s School of Medicine near Tokyo and an expert on public health, said that there was “no need at all” for the Japanese to lose weight.
“I don’t think the campaign will have any positive effect. Now if you did this in the United States, there would be benefits, since there are many Americans who weigh more than 100 kilograms,” or about 220 pounds, Mr. Ogushi said. “But the Japanese are so slender that they can’t afford to lose weight.”
Mr. Ogushi was actually a little harder on Americans than they deserved. A survey by the National Center for Health Statistics found that the average waist size for Caucasian American men was 39 inches, a full inch lower than the 40-inch threshold established by the International Diabetes Federation. American women did not fare as well, with an average waist size of 36.5 inches, about two inches above their threshold of 34.6 inches. The differences in thresholds reflected variations in height and body type from Japanese men and women.
Comparable figures for the Japanese are sketchy since waistlines have not been measured officially in the past. But private research on thousands of Japanese indicates that the average male waistline falls just below the new government limit.
That fact, widely reported in the media, has heightened the anxiety in the nation’s health clinics.
In Amagasaki, a city in western Japan, officials have moved aggressively to measure waistlines in what the government calls special checkups. The city had to measure at least 65 percent of the 40- to 74-year-olds covered by public health insurance, an “extremely difficult” goal, acknowledged Midori Noguchi, a city official.
When his turn came, Mr. Nogiri, the flower shop owner, entered a booth where he bared his midriff, exposing a flat stomach with barely discernible love handles. A nurse wrapped a tape measure around his waist across his belly button: 33.6 inches, or 0.1 inch over the limit.
“Strikeout,” he said, defeat spreading across his face.
The campaign started a couple of years ago when the Health Ministry began beating the drums for a medical condition that few Japanese had ever heard of — metabolic syndrome — a collection of factors that heighten the risk of developing vascular disease and diabetes. Those include abdominal obesity, high blood pressure and high levels of blood glucose and cholesterol. In no time, the scary-sounding condition was popularly shortened to the funny-sounding metabo, and it has become the nation’s shorthand for overweight.
The mayor of one town in Mie, a prefecture near here, became so wrapped up in the anti-metabo campaign that he and six other town officials formed a weight-loss group called “The Seven Metabo Samurai.” That campaign ended abruptly after a 47-year-old member with a 39-inch waistline died of a heart attack while jogging.
Still, at a city gym in Amagasaki recently, dozens of residents — few of whom appeared overweight — danced to the city’s anti-metabo song, which warned against trouser buttons popping and flying away, “pyun-pyun-pyun!”
“Goodbye, metabolic. Let’s get our checkups together. Go! Go! Go!
Goodbye, metabolic. Don’t wait till you get sick. No! No! No!”
The word metabo has made it easier for health care providers to urge their patients to lose weight, said Dr. Yoshikuni Sakamoto, a physician in the employee health insurance union at Matsushita, which makes Panasonic products.
“Before we had to broach the issue with the word obesity, which definitely has a negative image,” Dr. Sakamoto said. “But metabo sounds much more inclusive.”
Even before Tokyo’s directives, Matsushita had focused on its employees’ weight during annual checkups. Last summer, Akio Inoue, 30, an engineer carrying 238 pounds on a 5-foot-7 frame, was told by a company doctor to lose weight or take medication for his high blood pressure. After dieting, he was down to 182 pounds, but his waistline was still more than one inch over the state-approved limit.
With the new law, Matsushita has to measure the waistlines of not only its employees but also of their families and retirees. As part of its intensifying efforts, the company has started giving its employees “metabo check” towels that double as tape measures.
“Nobody will want to be singled out as metabo,” Kimiko Shigeno, a company nurse, said of the campaign. “It’ll have the same effect as non-smoking campaigns where smokers are now looked at disapprovingly.”
Companies like Matsushita must measure the waistlines of at least 80 percent of their employees. Furthermore, they must get 10 percent of those deemed metabolic to lose weight by 2012, and 25 percent of them to lose weight by 2015.
NEC, Japan’s largest maker of personal computers, said that if it failed to meet its targets, it could incur as much as $19 million in penalties. The company has decided to nip metabo in the bud by starting to measure the waistlines of all its employees over 30 years old and by sponsoring metabo education days for the employees’ families.
Some experts say the government’s guidelines on everything from waistlines to blood pressure are so strict that meeting, or exceeding, those targets will be impossible. They say that the government’s real goal is to shift health care costs onto the private sector.
Dr. Minoru Yamakado, an official at the Japan Society of Ningen Dock, an association of doctors who administer physical exams, said he endorsed the government’s campaign and its focus on preventive medicine.
But he said that the government’s real priority should be to reduce smoking rates, which remain among the highest among advanced nations, in large part because of Japan’s powerful tobacco lobby.
“Smoking is even one of the causes of metabolic syndrome,” he said. “So if you’re worried about metabo, stopping people from smoking should be your top priority.”
Despite misgivings, though, Japan is pushing ahead.
Kizashi Ohama, an official in Matsuyama, a city that has also acted aggressively against metabo, said he would leave the debate over the campaign’s merits to experts and health officials in Tokyo.
At Matsuyama’s public health clinic, Kinichiro Ichikawa, 62, said the government-approved 33.5-inch male waistline was “severe.” He is 5-foot-4, weighs only 134 pounds and knows no one who is overweight.
“Japan shouldn’t be making such a fuss about this,” he said before going off to have his waistline measured.
But on a shopping strip here, Kenzo Nagata, 73, a toy store owner, said he had ignored a letter summoning him to a so-called special checkup. His waistline was no one’s business but his own, he said, though he volunteered that, at 32.7 inches, it fell safely below the limit. He planned to disregard the second notice that the city was scheduled to mail to the recalcitrant.
“I’m not going,” he said. “I don’t think that concerns me.”http://www.nytimes.com/2008/06/13/world/asia/13fat.html?_r=1&oref=slogin&pagewanted=all