Wednesday, April 15, 2009

New Study of National Heart Attack Admissions and Mortality Finds No Evidence of a Short-Term Effect of Smoking Bans

First the source link to the story.  Also posted on my http://freedomtoact.com  http://tobaccoanalysis.blogspot.com/2009/04/new-study-of-national-heart-attack.html

Redrant:  The money quote:  "The Helena, Montana study examined  304 heart attack admissions in one community over a period of six months.  This study examined a total of 217,023 heart attack admissions and 2.0 million heart attack deaths in 468 counties in all 50 states over an eight-year period."

I recall reading and the Consumer report website about an IBM executive who complained of "chest pains"  $150K of diagnostic work and testing it was finally determined that he had taken up yard work and was experiencing "weed wackier muscle strain", a common condition if you are not adapted to this type of "lifting".  Also, we have to assume that if didn't balk at even the co-pays, he had a rather large residence that required a lot more weedwacking than my 40 foot city lot.    I recently sniped at a doctor posting at http://minnpost.com who wrote that the Framingham heart study "contained few women" when the charter group was over 50% women.  http://freedomtoact.blogspot.com/2009/03/minnpost-doctor-claims-framingham-heart.html

A glaring error but this doctor and it indicates a mindset.  The charter Framingham group contained no minorities (Framingham, MA had a very low percentage of minorities in 1948, somewhat comparable to the Twin Cities at the time).  If you use "victimology logic" you might conclude that the Framingham study charter group must not have included women because it didn't include minorities!  Of course, a few seconds of fact checking  on the Internet could dispel this.  

That is point one.  The mindset.  If you think you are fighting "social injustice", evil corporations or whatever, you are  not likely to question the idea that the the Framingham study contained few women.

Actually, the doctor writing this column is pretty good.  He tends to write about how doctors don't tend to adapt to research and the huge disparities in diagnosis and treatment rates.  I can't recall him taking on "heart attack" hospital admissions rates and I don't know if the aforementioned IBM executive was admitted there is wild inconsistency in hospital admission rates for "heart attacks".  First off, these are for hospital admissions, not actual verified heart attacks.  Someone complains of chest pain and someone calls the ambulance.  (They don't call it "heartburn" for nothing.)  For starters, except for a true serious heart attack where you are "down" an actual heart attack is very  difficult to diagnose.  Basically, an EKG, preferably with a past reference EKG.  Also if heart tissue actually dies there is detectable blood and urine waste tracers which apparently are different for the typical "sore muscle" waste tracers.  

That said, the Framingham heart study found that at least in males 25% of heart attacks were "silent".  They did yearly EKG's so I would assume the diagnosis was done with EKG variances.  On the other extreme I knew the late  "Meet the Press" Tim Russert's family.   I happened to know that Tim got "top notch" medical treatment, had an exercises regime and a there was an on site heart defillabrator.  
For a second example a now retired co-worker (who was very "high strung") was basically forced to go to a doctor after he became totally tired after carry a rather heavy computer a couple of hundred feet (endurance and energy recovery are good hints).  The doctors ordered him admitted and he had (as I recall) a quadruple bypass.  

Basically, "walking wounded".  He looked in rough shape but he took more asprin than I did (dollar stores have a bottle of 200 USP asprin for $1.  Cheapest insurance around!)  The Framingham study found the link between asprin and dramatically reduced heart attack risk.  He could have gone a long time this way as walking wounded.  If he had a massive heart attack and died that would not be a hospital admission.  It would have been a "statistic". 

The point here is that if a reduction in "admissions" occurs" after a smoking ban there could be a number of reasons.  Smokers might stay home more or frequent more "smoke friendly" establishments (Minnesota Indian casinos, exempt from the smoking bans have greatly expanded smoking sections) and if at home, the person might take an aspirin or die in their sleep.  I am wondering if nowadays the "patient harvesting" hospitals are advising the admission of more people for "heart attacks" with good insurance versus non-insured?  We would have to look at initial hospitalisations recommendations versus actual hospitalisation.  

Yet another variable.  Basically, the Helena study was "cherry picking" data, a "gotcha" of sorts.  This is a very large study where the "law of large numbers" applies.

Of course the anti-smoking "family" has no problem sacrificing science for "propaganda".  They don't debate.  I wonder why?  Greg Lang

Smoking Ban Appeal this Thursday

MARK W. BENJAMIN

Criminal Defense, P.A.

237 Second Avenue SW, Suite 111

Cambridge, MN 55008

763-691-0900 (office)

763-670-9664 (mobile)

markbenjamin@msn.com

www.markwbenjamin.com

 

Press Release

REMINDER – Theater Night – Oral Arguments at Court of Appeals – April 16th at 10:40 a.m. in Duluth.

This Thursday morning, April 16th at 10:40 a.m., at the St. Louis County Courthouse, 100 North Fifth Avenue West, Mark Benjamin will argue before the Minnesota Court of Appeals on behalf of his client Tom Marinaro, owner of Tank’s Bar in Babbitt, Minnesota. 

Factual Background.  On the afternoon of March 14, 2008, Mr. Marinaro received a citation for violating Minnesota’s smoking ban, even though his bar was participating in “Theater Night” at the time.  Mr. Marinaro demanded a court trial and claimed he was innocent, given that the ban allows smoking during “theatrical performances” by “actors” and “actresses”.  This exception provides no guidance, standards or restrictions on what constitutes a “theatrical performance”.  Mr. Marinaro, a former steel worker, put on the best play he could and claimed that smoking in his bar was legal as long as the play was being performed.  The trial court disagreed and fined him $300.  Mr. Marinaro appealed.

Legislative Background.  In the closing days of the 2007 legislative session, a conference committee was formed to iron out differences between the House and Senate versions of the smoking ban.  Rep. Tom Huntley of Duluth – as a favor to the Guthrie Theater – introduced a “theatrical performances” exception in the committee.  One of the legislators warned that the exception’s language was broad enough to allow acting (and smoking) in bars, not just playhouses.  He was greeted with laughter and the new exception was voted in as written.

Theater Night Background.  The first Theater Night was performed on February 9, 2008 (3 days before the new legislative session) at Barnacles Bar in Aitkin.  Within three weeks, approximately 100 bars across Minnesota were hosting their own versions of Theater Night.  Despite this, the legislature refused to limit or clarify the language of the “theatrical performances” exception.  The Department of Health cracked down on several bars with administrative penalties.  Nobody appealed these actions and Theater Night seemed doomed.

Our Goal.  We hope the MN Court of Appeals will properly rule that the legislature shirked its duty to define its terms and declare that Mr. Marinaro comported his conduct within the admittedly broad language of the “theatrical performances” exception.  Bar owners are hoping for a favorable ruling so their businesses and employees’ jobs can be saved.  We ask the legislature to examine the law and provide reasonable accommodations for our blue collar bar owners and veterans clubs – just as it did for the Guthrie.

Our show goes on.

Friday, March 27, 2009

Minnpost Doctor claims Framingham Heart Study had "very few women".

Key quote in this otherwise good article: "Early risk-factor data on cardiovascular disease came from the likes of the Framingham Heart Study, which Grimm describes as "very famous; but as a study it was tiny by today's comparisons, and it included essentially no blacks and very few women."

My posted comment:
The Framington Heart study was essentially all "white" in the beginning but the majority of the original participants were women, contrary to what is written. This is very relevant to the "second hand smoke" debate because back in 1948 most men smoked and few women did. Also, most women didn't work out side the home so we have an good, long term study of the effects of second hand smoke that is ignored by things like the Surgeon Generals report on second hand smoke. Framingham asked about these things.
Here is a breakdown of the "charter" 1948 participants. 
Age 29-39 40-49 50-62 Totals
Men 835 779 722 2,336
Women 1,042 962 869 2,873
Totals 1,877 1,741 1,591 5,209
http://www.framinghamheartstudy.org/participants/original.html
Redrant:  My calculator says that the Framingham original 1948 participants were 55% women.  Often I have gone into a bar or party that is more than half women and concluded there were few women there but hey!  I was usually looking for a date!  As for the original group being almost all "white" this may not be PC but if you are Italian are you you going to reject the Mediterranean Diet Heart study because almost all participants are Italian?  Because it is not "PC"?  Of course not!  

The Framington Heart study turned 60 in 2008 and has followed three generations.  The youngest original cohorts would be in their 90's by now so most have passed on.   Almost all participants agreed to autopsies after their death.  The key was getting a good look at the heart but if you crack open the chest it's easy to also get a look at the lungs.  

Also, children in smoking and non-smoking homes could be studied since many participate.  As I mentioned most women did not work outside the home back then and the questions asked about smoke exposure in the home and outside the home.  Framingham could not find any specific relation to domestic secondhand smoke and illness.  Framingham, also found that occasional male smokers, what we call "chippers"  smoking less than ten cigarettes a week had a lower heart disease rate than non-smoking males!  My guess is that that the non-smoking males tended to have more sedentary "desk" jobs which often had a lot more stress.   

Physical activity and stress are two factors that are hard to quantify.  I have seen several shows on primates where CAT scans and autopsies showed that the "submissive males" in the group tended to have a severe hardening of the arteries due to stress.  As one researcher noted, these primates couldn't sneak out for to double cheesburgers, booze and cigarettes but the effect was dramatic with these variables controlled.

I downloaded the 650 page Surgeon Generals report on second hand smoke.  I tried searches with assorted variation of "Framingham" but the Framingham study did not rate a mention.  To paraphrase the man who claimed to have helped create the Internet, Al Gore, the Framingham study seems to contain "Inconvenient Truths".   Greg Lang

Thursday, March 19, 2009

Theater Night – Oral Arguments at Court of Appeals – April 16th at 10:40 a.m. in Duluth.

MARK W. BENJAMIN

Criminal Defense, P.A.

237 Second Avenue SW, Suite 111

Cambridge, MN 55008

763-691-0900 (office)

763-670-9664 (mobile)

 

Press Release

Theater Night – Oral Arguments at Court of Appeals – April 16th at 10:40 a.m. in Duluth.

Mark your calendar.  On Thursday morning, April 16th at 10:40 a.m., Mark Benjamin will present his oral argument to the Minnesota Court of Appeals on behalf of his client Tom Marinaro.  Mr. Marinaro is the owner of Tank’s Bar in Babbitt, Minnesota.  On the afternoon of March 14, 2008, he was issued a citation for violating Minnesota’s smoking ban, even though his bar was participating in “Theater Night” at the time.  Mr. Marinaro demanded a court trial and claimed he was innocent of any wrong-doing, given that the ban allows smoking during “theatrical performances” by “actors” and “actresses”.  This exception provides no guidance, standards or restrictions on the venue of the play, the quality of the performance or the credentials of the performers.  Mr. Marinaro may not be a patron of the performing arts, but he put on the best play he could and claimed that smoking in his bar was legal as long as the play was being performed.

The trial court disagreed, found Mr. Marinaro guilty and fined him $300.  Mr. Marinaro appealed.

Mr. Benjamin will argue that the language of the exception to the state’s smoking ban is clear and unambiguous, namely, that smoking is allowed by actors and actresses during a theatrical performance as long as non-actors are advised ahead of time. 

Mr. Marinaro displayed posters outside of his establishment and performance programs inside – all advising patrons that “The Gunsmoke Monologues” would be performed from 3:00 p.m.. to closing every day and that there would be some smoking during the performance.  Any patron who wanted to perform (and smoke) in Mr. Marinaro’s play had to wear a clearly-marked ID stating that he or she was an actor.

Although the media has had a good chuckle at the Theater Night “loophole”, many participating bar owners claimed it to be a “lifeline”, allowing them to retain waitresses and bartenders and pay their bills.  For instance, before he started participating in Theater Night, Mr. Marinaro laid off his office manager of 18 years, shut down his restaurant on Sundays and Mondays, and cut the hours of his bartenders.

Our hope is to win at the Court of Appeals and then petition the legislature to make reasonable accommodations for our struggling bar owners.  In this way, we hope to achieve a healthy balance between physical and fiscal health for all Minnesota citizens.

Join us at the St. Louis County Courthouse, 100 North Fifth Avenue West in Duluth on April 16th.

Our show goes on.

Thursday, March 12, 2009

Survey: Minnesotans want higher state tax on smokes

Redrant: How about a survey asking if a public transit users should pay higher costs, perhaps double the current fares to pay the cost of public transit?
No skin off my back! I rarely use public transit. ...... The point here is that only a very small percentage of people regularly use public transit so higher fares won't affect them. ......... Past Twin Cities transit strikes have shown negligible impact on traffic.......How about using using the same method of this survey for a survey on users paying public transit costs? .....Same survey logic! Greg Lang


Survey: Minnesotans want higher state tax on smokes.

http://www.startribune.com/local/41148317.html

Monday, March 9, 2009

Theater Nite Update 3-8-09

Hello Everyone,
 
It has been a while since my last update and a few things have been happening. First of all, Mark Benjamin has received the date (April 16th) for his appeal hearing and will be issuing a press release soon.  A few other things have been going on in the Legislature and I have noted them below......a Senate bill for an employee smoke room (SF 898), a House bill to REMOVE the smoking exception for patients in psychiatric wards (HF1142), and the Senate version of  the bill "no smoking in cars with children" is proceeding through committee hearings.  Further down the e-mail is an update from the Tavern League that you may find interesting....interlocking devices are gaining momentum.  One last item, I have been hearing of several establishments that are getting fined/ticketed for "over-pouring customers".....apparently the state does not like missing out on it's tax revenue.
 
Don't forget to visit www.freedomtoact.com and read about the former US surgeon General accused of scandal and the Rasmussen Poll (51% oppose outdoor smoking ban).
 
On with the Show!!!
 
Sheila
 

 
 
 
 
 Employee Smoking Room
 

Senate Authors   
Tomassoni Day Vandeveer Sparks

S.F. No. 898,  as introduced - 86th Legislative Session (2009-2010)   Posted on Feb 19, 2009 

1.1A bill for an act
1.2relating to health; creating an exception to the Clean Indoor Air Act; allowing 
1.3employee smoking rooms under certain conditions;amending Minnesota Statutes 
1.42008, section 144.4167, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2008, section 144.4167, is amended by adding a 
1.7subdivision to read:
1.8    Subd. 10. Employee smoking rooms. (a) Sections 144.414 to 144.417 do not 
1.9prohibit smoking by employees in a designated smoking room, provided no common door 
1.10exists between the place of employment and the smoking room.
1.11(b) A smoking room that satisfies the conditions in paragraph (a) may be heated and 
1.12cooled, may have a roof and four walls, and may share a common wall with the place of 
1.13employment.
 
 
 
 
 
 Smoking ban exception for patients in locked psychiatric units eliminated.
 

 
House Authors   Huntley Greiling

H. F. 1142, A bill for an act relating to health; removing an exception to the smoking ban for patients in a locked psychiatric unit; amending Minnesota Statutes 2008, section 144.414, subdivision 3.

Smoking ban exception for patients in locked psychiatric units eliminated.
 
 
 
 
 
 
 Smoking in motor vehicles with children prohibition
 

Bill Name: SF0359 
Bill Text
Companion: HF0379 
Companion Text 
Companion Status 
House Search
Revisor Number: 09-0811 
 

Senate Authors   Pappas Marty Prettner Solon Higgins

Short Description   Smoking in motor vehicles with children prohibition

Long Description   
Committee Hearings and Actions   
Division Reports      Committee Engrossments 
Senate Counsel & Research Summary   

SENATE Actions      HOUSE Actions      Top

Date ↓ActionDescription / CommitteeTextPageRoll Call
02/02/2009 Introduction and first reading    Intro 149    
02/02/2009 Referred to  Health, Housing and Family Security       
02/12/2009 Author stricken  Dille    235    
03/02/2009 Comm rpt: To pass as amend & re-ref to  Judiciary 1 360a    
03/09/2009 Comm rpt: To pass as amend & re-ref to  Finance 
 
 
 

Tavern League MN NEWS BRIEF WEEK OF FEBRUARY 27, 2009

ALCOHOL

 

Indiana House Passes Repeat-Offender Interlock Bill

The state House has unanimously approved HB 1020, a bill to require ignition interlock devices in the vehicles of repeat drunken drivers with a blood alcohol level above .15. (WIBC TV, IN) The bill was originally a first-offender mandate, but was amended in committee. HB 1020 has been transmitted to the Senate and referred to the Senate Judiciary Committee.

 

Wyoming House Passes Repeat-Offender Interlock Bill

On Thursday, the state House passed SB 88, a bill to require ignition interlock devices in the vehicles of repeat DUI offenders with blood alcohol levels of .15 or higher. (Associated Press) SB 88 has already been approved by the Senate, and all other interlock bills from earlier in the legislative session have died.

FOOD

 

Maine Menu Labeling Proposal to Be Introduced

House Speaker Hannah Pingree (D-North Haven) will introduce a state menu labeling bill that would require foodservice chains in the state with 15 or more locations nationwide to provide calorie information on menu boards and at drive thrus. Rep. Pingree is proposing the bill in order to address obesity. (Maine Public Broadcasting Network) The proposal has not yet been assigned a bill number.

LABOR/WAGE

 

Alaska Minimum Wage Hike and Indexing Bill Passes Senate Committee

SB 1, a bill to raise the state minimum wage to $8.75 and begin annual indexing increases to the Consumer Price Index (CPI) on January 1, 2010, has passed the state Senate Labor and Commerce Committee. The bill is sponsored by three Senators on the Labor and Commerce Committee, and has been referred to the Senate Finance Committee next. (Alaska Journal) Alaska?s unemployment rate increased 19 percent from December 2007 to December 2008.

 

Rhode Island Minimum Wage Hike and Indexing Bill Introduced

HB 5233, a bill to raise the state minimum wage from $7.40 to $7.75 on July 1, 2009, has been introduced by 5 state Representatives. The bill would also begin annual indexing of the minimum wage to the CPI starting July 1, 2011. HB 5233 was heard in the House Labor Committee on Wednesday and is pending decision making. (Providence Journal, RI) Hopefully legislators take into account that Rhode Island?s unemployment rate has increased 92 percent from December 2007 to December 2008 when considering this mandate.

 

Mandated Paid Sick Leave Bill Introduced in Minnesota (Read This)

A bill to mandate up to 9 days of paid sick leave per year for almost all workers in Minnesota, the Healthy Families, Healthy Workplaces Act, has been introduced. HB 612 (and companion bill SB 416) would require employers with 10 or more workers in the state to provide 1 hour of paid sick leave for every 30 hours worked, for up to 72 hours of paid sick leave per year for employees. Employers with fewer than 10 employees would only have to provide 40 hours of paid sick leave per year. HB 612 was heard in the House Commerce and Labor Committee on Tuesday. (Workday Minnesota)

SMOKING

 

South Dakota House Passes Smoking Ban Bill

The state House approved a statewide smoking ban proposal on Monday by a 43-27 vote. HB 1420 would ban smoking in bars, video lottery casinos, and restaurants that serve liquor, and was also amended by the House to ban smoking in gambling halls. The bill now heads to the Senate (where another version of a smoking ban was defeated earlier this year).Senate Majority Leader Dave Knudson (R-Sioux Falls) says he will ?enthusiastically? support the House?s version of the smoking ban, but is ?cautiously optimistic? that it will pass. (Associated Press) South Dakota?s legislative session ends on March 30, 2009.

 

North Carolina Smoking Ban Bill Reintroduced

The state House Health Committee held a hearing on HB 2 (companion bill SB 205)--a bill to ban smoking in public, indoor workplaces, including restaurants and bars--on Thursday. The bill, sponsored by Rep. Hugh Holliman (D-Davidson), will be heard again on Tuesday. Previous smoking ban legislation failed in the House in both 2005 and 2007. (WRAL TV, NC)

 

Bill to Weaken Ohio Smoking Ban to be Introduced

State Sen. Bob Schuler (R-Cincinnati) will introduce, within the next two months, a bill to allow exemptions for the state smoking ban that went into effect in May of 2007. Sen. Schuler says he has heard from businesses in the state--like bowling alleys, bars, and private clubs?whose  business has decreased since the ban was enacted. Sen. Schuler?s legislation is likely to allow exemptions to the ban for private clubs, family-owned and other small businesses. (Dayton Daily News, OH)

Thursday, February 26, 2009

Bill to ban smoking in cars with kids moves ahead


Story link.

comment link (scroll down to last entry).


Constituents, the hit list-
Let's see who's behind this nonsense besides Pappas. The other 3 co-authors are Marty (SD54, DFL), Prettner-Solon (SD07, DFL), & Higgins (SD58, DFL). Dille (SD18, R) was also, but wisely withdrew his name. So if you are a constituent of either of those 4, you know how to vote next time around, forget about party for once and throw the meddlers out. The committee this got through is Health, Housing, Family Security- chaired by Marty, no surprise. Also seated among the 13 are Prettner-Solon & Higgins. The other 10, for their constituent's consideration are Torres-Ray (SD62, DFL), Koering (SD12, R), Berglin (SD61, DFL), Doll (SD40, DFL), Erickson-Ropes (SD31, DFL), Fischbach (SD14, R), Hann (SD42, R), Johnson (SD49, R), Lourey (SD08, DFL), & Lynch (SD30, DFL). Unfortunately its difficult to get a good report on the breakdown of the vote to pass this forward, but motivated constituents can chase that down on their senators themselves through contact. Last but not least, I can't resist having some fun with the generalities involved here. It so happens that eight of the 13 on this particular committee are female by way of gender. Should we be surprised, given that stat....that we get legislation that looks like it was generated by a pack of ol' nannies? (LOL). The thing goes to the Committee on Judiciary next, hopefully it gets the death sentence it deserves there.

posted by chris5144 on Feb. 25, 09 at 9:57 PM |   
3 of 4 people liked this comment.