FROM: The Wheeling (WV) News
Intellegencer
DATE:Saturday, August 20, 2005
Authority to Ban Smoking Clear
http://www.news-register.net/letters/story/0820202005_let02.asp
Editor, News-Register:
Now that the court has ruled that
the Ohio County Clean Indoor Air Regulation is legal, the strategy
of those who oppose it is to propose that the smoking ban be put
to a public vote. There are many public safety issues in our
society which are mandated either by legislation or by rules and
regulations and are not put before the public for a vote. Certain
members of society may feel that they have the right to drive
their vehicle at any speed which they feel is safe, or even that
they can drive safely after they have been drinking, but these
activities are a health risk not only to the person driving, but
to members of the general public who are exposed to the driver.
Motor vehicle speed limits and driving under the influence of
alcohol were not left to voters to decide.
Asbestos has been proven to cause
serious health problems to people who are exposed to it. It is
banned from use in building and other materials, despite an
individual's desire to use it in his own home or business. The use
of asbestos was not left to voters to decide.
Tobacco products have been proven
to cause serious health hazards to those who use them and to those
who are exposed to second-hand smoke. If an attempt were to be
made to introduce tobacco as a new product for public use today,
it would be denied for public health reasons. The only reason that
tobacco is still available to the public is because of the
influence of the powerful tobacco lobby on politicians. As a
compromise, tobacco sales were banned to people under 18 years of
age. Even the federal government bans smoking in federal
buildings, as do several states and multiple cities throughout the
country. These indoor smoking bans were not left to voters to
decide. Neither should the provisions of the Ohio County Clean
Indoor Air Regulation.
Congratulations to Abbey's
Restaurant & Lounge on Wheeling Island for displaying a banner
announcing that they are smoke-free, as well as to all of the
restaurants and bars who are complying with the Clean Indoor Air
Regulation, and shame on those who are not. Fines and legal
actions have been used against industries to clean up outdoor air
pollution. Apparently the same will be needed to clean up indoor
air pollution in Ohio County. So be it. And by the way (you
guessed it), outdoor air pollution regulations were not left to
voters to decide.
Barton Hershfield, M.D., Wheeling
Dr. Mercer Applauded
http://www.news-register.net/letters/story/0813202005_let01.asp
Editor, News Register:
I feel the need to address the
letter that attacked Dr. Mercer. I cannot believe that the people
who are making this a personal affront, as if Dr. Mercer has a
personal vendetta against them. He is doing his job, which is
protecting the citizens' health of Ohio County.
How can you attack someone who is
protecting your children, your parents, your loved ones? If you
are smoker and know the harm you are doing to yourself and you are
OK with it, fine, but don't subject non-smokers to this known
toxicity. How can you think it is OK to be the cause of future
lung problems and potentially cancer because YOU want to smoke and
disregard anyone else's wishes?
The letter states that non-smokers
can just go somewhere else. Where are we supposed to go to avoid
smoke if it is not a mandate? This should not be put up to vote as
this is for the public's good. This isn't just a nuisance issue;
there are real, scientifically documented health issues that are
at stake here.
Dr. Mercer should be praised for
the stand he is taking, not persecuted. The elected official(s)
who were not following the law and made it public that they
disagree with the best interests of the citizens do have their own
personal reasons, such as perceived financial gain. Bigger cities
such as Columbus, Ohio, which has also gone non-smoking in public
places, haven't had this much resistance.
Smokers, step back and look at the
whole situation - not just that you can't smoke whenever and
wherever you want to. You should want to protect your children and
others from harm. Can you honestly in good conscience think it is
OK to smoke around others and not care how it affects them
physically? For the persons with breathing problems such as a
person who has to carry oxygen with them (highly flammable),
cancer, asthma, and other health related issues, we thank you, Dr.
Mercer for making it possible to once again be able to go to a
restaurant and not worry that you cannot breathe because of the
smoke haze.
Dr. Mercer should be applauded for
looking out for the citizens' health in Ohio County.
T. Stanley
Wheeling
_______________________________
Smoking ban is a blessing
http://www.news-register.net/letters/story/0813202005_leteberhard.asp
Before the smoking ban was
implemented, non-smokers rarely complained that our rights were
being violated. Before the health risks of second-hand smoke were
known, we thought the only discomfort we were forced to endure in
the workplace and other public places was the unpleasant smell of
someone else's cigarette smoke.
Now, however, despite the fact that
second-hand smoke is known to be a very real risk, the only
"right" we hear is the "loss" of some imagined right of smokers to
befoul the air around them. It is suggested that if non-smokers
don't like to breathe the smoke, we should stay home. Why not the
other way around? If you can't go without smoking long enough to
eat a meal, stay home! If you can't enjoy a beer with friends
without smoking, invite them to your house! If you don't want to
go outside to smoke at work, get another job! Doesn't sound so
good, does it? The obvious solution is for you to smoke in the
open air and let others breathe freely. Your rights have not been
taken away. You can still smoke.
As you insist upon pointing out,
smoking is legal. So are lots of other things that are restricted.
You can drink alcohol legally but you can't drink alcohol and
drive. It is certainly legal (and essential) to urinate, but you
can't do it in public-even though no one is put at risk if you do.
Every time a smoker lights up in a public place the right of
others to breathe air free of carcinogenic substances is taken
away. I'm tired of hearing the whining of smokers that it is their
right to light up anytime and anyplace just because smoking is
legal. You don't have a right to infringe upon my rights,
especially when you put me at risk for heart trouble and cancer
that I have chosen not to take.
The other complaint I hear is that
the smoking regulation was imposed by non-elected officials, as if
we are so nobly served by our elected officials that we can trust
them in everything, without question. First of all, our rights are
restricted every day by non-elected officials. Perhaps you have
heard of the United States Supreme Court. Non-elected, appointed
for life, and accountable to no one! Yet their decisions often
have the effect of changing our lives and restricting our rights.
Non-elected federal and state
agencies and administrations have regulatory powers that are
equivalent to law. The Food and Drug Administration absolutely
restricts when, where, how and why you are permitted to buy and
sell legal, prescribed, but controlled, drugs. The Federal
Aviation Administration restricts where and when you can fly your
plane, assuming you have a pilot's license. I am required to have
a nursing license, issued by the non-elected West Virginia Board
of Nursing, in order to work. They have the power to make
regulations about nursing practice in West Virginia, and to take
my license away if I don't follow their rules, on and off the job.
The Board of Medicine has the same power over the practice of
physicians in the state. No one complains about these restrictions
or suggests that they should be put to a vote. There is absolutely
nothing unusual about non-elected officials regulating aspects of
our every day lives.
The Wheeling-Ohio County Board of
Health was given the authority to regulate smoking in public
places by the West Virginia Supreme Court-an elected body.
The issue is health, not rights.
The Board of Health, unlike elected officials, are not beholden to
special interests and contributors. Their decisions are based on
their mission, which is to protect the public health, not whether
they will lose votes in the next election.
The smoking ban is a blessing for
all of us, smokers and non-smokers alike. Because smokers are
breathing in second-hand smoke as well as the smoke they inhale,
they are put at a second risk on top of the one they chose to
take. We should be thanking the Board of Health, not criticizing
them with cliches that miss the point entirely, or soliciting
signatures on petitions to put the ban to a vote.
Sally Eberhard
Wheeling
_______________________________
Wakim Wrong on Ban
http://www.news-register.net/letters/story/0813202005_let02.asp
Editor, News-Register:
Christopher Wakim's contention that
the Wheeling-Ohio Clean Indoor Air Regulation should be put to a
vote is tangible proof that he hasn't even a rudimentary grasp of
the functions of government. Agencies that issue regulations have
been in place for many, many years and any legislator should know
that. The boards and commissions that write regulations are
usually made up of members of the public who have been appointed
because of their special expertise, professional qualifications,
and a willingness to serve, usually for no compensation.
What else does Mr. Wakim want the
voters to approve? Food service regulations? Environmental and
coal mine regulations? Electrical contractor regulations?
What this boils down to is that Mr
.Wakim sounds like a tobacco company lobbyist, just like Mayor
Fred Peddicord of Kingwood, a Philip Morris lobbyist who similarly
tried to foil the regulation in Preston County a few years ago.
The good people who have served on
county health boards in West Virginia have sometimes had to take
on the tobacco industry, suffer ridiculous and expensive lawsuits,
and otherwise bear the brunt of an assault by a bunch of phony
tobacco lobbyists. It's to the boards' credit that very few have
backed down, and they have done an outstanding job of protecting
the public from threats to their health.
Mike Harmen
St.Albans, W.Va
__________________________________
Doctors Should Back Ban
http://www.news-register.net/letters/story/0813202005_let04.asp
Editor, News-Register:
Is there a doctor in the house? Why
do local doctors stay out of the fray that Dr. Mercer has started?
To my knowledge not one doctor has been outspoken in support of
Dr. Mercer's courageous stand on the smoking issue. Why not a
full-page ad with all the doctors signing on in support of the
health commission's effort to curtail, arguably, the largest
health risk in our society. Surely the doctors, trained in
research and reading research, know that smoking and its
inevitable companion, passive smoke, are not just a fiction of
someone's imagination. The voluminous amount of research in
medical science leaves no doubt about the effects of tobacco smoke
causing lung cancer, emphysema, and coronary disease, just to
mention a few of smoke's effects.
The doctors had no problem banding
together, raising money and putting their names in the public
sector when they were opposing the unreasonable high insurance
rates.
I can't believe that there is one
doctor who rejects the research on smoking. If the doctors would
learn their important names to the cause, the importance of them
to their patients, and the respect they get and deserve from the
public will, in my estimation, put a tremendous force behind the
ban - an important move to deal with one of the most significant
health problems of our lives.
Al Blatnik
Wheeling