Oklahoma Smokers

Yesterday’s release of a US Surgeon General’s report titled “The Health Consequences of Involuntary Exposure to Tobacco Smoke” has the ‘Smoking Police’ frothing at the mouth in their desire to enact a total prohibition on smoking in Oklahoma.

Immediately after the release of the Surgeon General’s report, which is nothing more than a rehash of previous reports, studies and speculation, and which falsely claims there is no longer any scientific debate regarding secondhand smoke, Wes Glinsmann, chairman of the Oklahoma Alliance on Health or Tobacco, at a public press conference at the state capitol said:

The restaurant smoking ban was a big first step. But we have a duty to protect all workers from the dangers of secondhand smoke. There’s simply no reason that anyone should have to breathe toxins in secondhand smoke to earn a paycheck or as a consequence of patronizing a bar or other venue.

Pat Marshall, government relations director for the American Cancer Society and another ‘Smoking Police’ member chimed in on the issue stating:

We’ve heard the tired, old argument that if someone doesn’t like working around smoke, they can just get a different job. But not everyone has the luxury of just quitting a job and moving on.

She said legislation is needed to protect all workers, including those working in the entertainment and hospitality industries. Marshall is of course referring to greatly expanding the smoking ban enacted in 2003 that allows smoking in bars, veterans halls and separately ventilated rooms in restaurants.

Jim Hopper of the Oklahoma Restaurant Association, in a limp-wristed response indicative of how his organization meekly accepted the smoking ban in restaurants, says changing state law under guidelines proposed by the health advocates would be unfair.

There can be no mistake about it. The anti-smoking zealots such as Glinsmann and Marshall have an agenda, one intended to totally eliminate all smokers rights and the right to choose in the state of Oklahoma. That these proponents of big government couch their biases against and hatred for smokers under a guise of ‘protecting workers’ is as obvious as the noon-day sun.

Not once do the anti-smoking zealots acknowledge the fact that the vast majority, if not all , restaurant employees currently working in the few ’smoking rooms’ currently allowed to exist in Oklahoma are smokers themselves and that as such they want to work the smoking rooms.

Of course truth is the very last thing the anti-smoking zealots, oh what the heck, let’s call them what they are, the anti-smoking nazis want to do is acknowledge the truth that not only do some people want to smoke, others also want to work in a place where smoking is permitted.

Freedom of choice, it’s a scary concept for the anti-smoking nazis. In their own minds they are conviced that they and they alone should be permitted to make the decisions for consenting adults and their view is that no adult to be allowed to consent to being in the presence of tobacco smoke.

That they resort to seeking to use the power of government to force everyone to comply with their view is simply an acknowledgement that their view is not capable of standing on its own and their message is insufficient to convince adults to give up their right to choose to smoke or to be in the presence of tobacco smoke.

Beware of anyone that tries to tell you that they are better qualified to make your decisions than you are. Everyone that tries to convince you to give up your freedom of choice is in reality a thief simply trying to steal your freedom of choice on the theory that they know ‘what’s best for you’.

No one should be exposed to tobacco smoke without their consent. That is a fact.

The other side of the coin, that side that people like Glinsmann and Marshall try to ignore, is that adults have the inherent right to consent to be exposed to tobacco smoke, either as a smoker themselves or to consent to being in the presence of smokers.

The right to choose, that is what Glinsmann, Marshall and their fellow anti-smoking nazis are trying to stamp out, along with all smoking in Oklahoma.

A ’smoking police’ double-cross is taking place primarily in Tulsa but it may extend statewide before long. It is a double-cross intended to force those restaurants that opted to spend the money to provide ’smoking rooms’ for their tobacco using customers to eliminate smoking completely.

The ’smoking police’ at the Oklahoma State Department of Health, arguably the most scandal prone agency of state government, have decided a new interpretation of the statewide smoking ban is in order.

This ‘new interpretation’ of the smoking ban, evidently one snatched from thin air, holds that the smoking ban prohibits any form of entertainment in ’smoking rooms’ of restaurants in Oklahoma. Nowhere in the law authorizing the smoking ban or in the Oklahoma State Department of Health regulations implementing the ban does the word ‘entertainment’ appear. But that has not stopped the ’smoking police’ for acting as if such a prohibition does exist.

A Tulsa World report titled, “Smoking Ban: New Interpretation: Stubbing out fun”, dated 6/18/06 reveals a lot about the health department’s ‘tinkering’ with the rules. That report revealed that as soon as the restaurant smoking ban went into effect on March 1st some at the health department began discussions about whether entertainment, including pool tables, karaoke and live music should be allowed in restaurants’ smoking rooms.

The referenced report quotes Nick Slaymaker, deputy general counsel for the Oklahoma State Department of Health as stating:

“Although the law does not specifically mention entertainment, it was enacted to protect the rights of employees to work in a smoke-free environment. The law only allows for workers who serve food and drinks; other employees such as entertainers cannot work in a smoking dining room.”

The report further quotes Slaymaker as stating:

“It is the state health department’s opinion that the law limits what goes on in a smoking dining room. If the entertainment, such as live music or karaoke, is a substantial part of the operation, that is contrary to the purpose of a smoking dining room, and it would not be legal. Other types of entertainment such as video games would be considered on a case-by-case basis.”

Several Tulsa restaurants with ’smoking rooms’ although approved by the health department now find themselves under fire from the ’smoking police’.

Cowboy Sharkies, a family owned restaurant in Tulsa, spent $20,000 to construct a ’smoking room’ which was certified as meeting all the requirements of the smoking ban by the Tulsa City-County Health Department, which contracts with the State Health Department for restaurant inspections. The restaurant attributes much of its business to live musicians and karaoke in its ’smoking room’ and owner Chris Caughron says if he is forced to eliminate the entertainment or go totally non-smoking his business will suffer greatly.

Elizabeth Nutt, division director for consumer protection for the Tulsa City-County Health Department was quoted in the Tulsa World report as stating:

For the several weeks after the ban went into effect, restaurant inspectors were not told to look for evidence of entertainment when they checked out smoking rooms in local restaurants. Therefore, restaurants that have entertainment in smoking rooms passed the inspection. In hindsight, it would have been nice if we had had that information when we began inspections”

Nutt did not indicate whether she thought ‘it would have been nice’ had the restaurant owners who were considering spending thousands of dollars to construct ’smoking rooms’ also had that information. Of course sympathy for restaurant owners is the last thing demonstrated by the ’smoking police’ intent on intimidating those few restaurant owners with the courage to provide for their smoking customers.

Abdul Alhlou, owner of the Silver Flame Steakhouse says he spent more than $35,000 to build a smoking room in his restaurant. The smoking room, which was inspected and found to comply with the smoking room requirements, includes a piano bar. Alhlou indicates he was never told he could not have entertainment in his ’smoking room’.

Gary Mitchell, the owner of the Elephant Run Restaurant and Club in Tulsa is yet another victim of the ’smoking police’. Mitchell who says he spent more than $25,000 to build a smoking room in his establishment and was then told that he could not have entertainment in a restaurant smoking room. As a result the business went smoke-free on April 6th. The restaurant saw its business decline 33 percent in May compared with the same time last year. Further costly renovations are planned for the business, renovations which will permit it to be classified as a stand-alone bar and therefore able to have smoking and entertainment. That is of course unless the ’smoking police’ decide a new interpretation of the rules are in order again.

Owing to this blatant double-cross of Oklahoma restaurant owners by the ’smoking police, it is obvious that there is no limit to the number of ‘new interpretations’ of the smoking ban that will be thrown in the way of those wishing to provide for their smoking customers. Equally obvious is the fact that restaurant owners and their customers simply can not trust anything coming out of either the Oklahoma State Health Department or the Tulsa-City County Health Department, as they have a demonstrated track record of changing the rules to fit their fancy and whenever they desire.

It is truly unfortunate that those make the decisions and who are creating ‘new interpretations’ from thin air at both the state and local health department levels are appointed as opposed to elected officials. Were they elected official, the voters could hand them a ‘new interpretation’ on election day.

Since our last tobacco war update:

A resolution signed by representatives of 22 of Oklahoma’s 39 Indian Nations and tribes called on Governor Brad Henry to scrap the current tobacco compacts between the tribes and the state and return to the rates of previous compacts. Under the old compacts the tribes paid 25 percent of the tax rate applied to no-tribal tobacco sellers. Prior to the compact busting tobacco tax increase the tribes paid 6 cents per pack as opposed to the 23.5 cents per pack of no-tribal sellers. Under the new tax rate, 25 percent would amount to 26 cents per-pack. The state is wanting the trial shops to pay a variety of tax rates ranging from a low of 6 cents to a high of 88 cents per-pack while non-tribal tobacco retailers pay $1.03 per-pack.

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Attorney General Drew Edmondson filed suit against three foreign tobacco companies for refusing to pay Edmondson’s ‘blackmail’ for not being part of the $2 billion dollar ’settlement’ between Oklahoma and major tobacco companies back in 1998. The companies sued by Edmondson are Prime Mover, a Filipino manufacturer that produces cigarettes under the brand names Desert Sun, Melbourne and Unify; Tabacalera Honnington of Paraguay, which makes Parker cigarettes; and Tabacalera Nazionale of Paraguay, maker of Infinity cigarettes.

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At a symposium on sovereignty at the Cox Convention Center in Oklahma City, state senator Cal Hobson stated:

It is critically important that we have … a fair, level, honest and open system involving all 40 sovereign entities in Oklahoma — the 39 tribes and the state of Oklahoma.

Hobson went on to encourage Governor Henry to include one or two legislators in negotiations and talks involving tobacco compacts with tribal leaders, pointing out that some tribes will no longer talk to state Treasurer Scott Meacham, Henry’s designated negotiator.

State Rep. Joe Dorman encouraged the Governor to appoint an advisory committee. Dorman stated:

I would like to see legislators that are aware of the process be brought in as advisers to the governor. We were elected by the people just like the governor, and I think we have a broader perspective.

Contacted later, a spokesman said the governor is open to suggestions to improve the compacting process. Evidently the Governor is not ‘that open’ as he has not acted on either suggestion.

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The Oklahoma Tax Commission issued a press release reminding smokers that purchasing cigarettes on-line and not paying taxes on them is illegal. The Tax Commission claims that to date it has sent out more than 1,800 letters to taxpayers seeking $287,830 in back taxes and has collected $168,671.

Federal law requires that all on-line tobacco vendors provide monthly reports to the states of all tobacco products sold and shipped to the state’s residents. Of course no such requirement exists on international vendors. However persons contemplating ordering from over-seas on-line vendors should check customs regulations to determine the legalities of purchases

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Officials from Tulsa-area hospitals and medical clinics announced their campuses will become smoke and tobacco free Nov. 16.

The hospitals joining in this move are:

Cancer Treatment Centers, Claremore Regional Hospital, Continuous Care Center of Tulsa, Hillcrest Medical Center, Hillcrest Specialty Hospital, Jane Phillips Medical Center, Bartlesville, Laureate Psychiatric Clinic and Hospital, Parkside Hospital, St. Francis Hospital, St. Francis - Broken Arrow, St. Francis Heart Hospital, St. John Medical Center, St. John - Owasso, St. John - Sapulpa, SouthCrest Hospital, Tulsa Regional Medical Center and Tulsa Spine Hospital.

The clinics joining in the move are:

Cancer Care Associates, Eastern Oklahoma Ear, Nose and Throat, Health South Sports Medicine and Rehabilitation, Oklahoma Heart Institute, Oklahoma Physical Therapy, Utica Park Clinic, Urologic Specialists of Oklahoma, and Warren Clinic - Tulsa.

The announced smoking prohibitions cover patients, employees and visitors. The announcement also indicated that campuses will post signs about the new policy, and a hospital spokeswoman said people will be given cards about the new policy when they come onto the campuses. Enforcement details were not released.

Reese Jackson, president of the Tulsa Hospital Council, says:

“If people want to smoke or chew, they will have to physically leave the premises.”

Jackson did not indicate what if anything would be done about tobacco users congregating on the public sidewalk in front of the various hospitals and clinics. Since the sidewalk is not part of the campuses there’s little if anything that could be done other than clean up the resulting mess, hopefully on a daily basis. Likewise Jackson did not detail what if anything the hospitals planned to do about patients pushing their IV trees out the door and onto the sidewalk while their hospital gowns flap in the breeze. As usual, the devil will likely be in the details…

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Some Oklahoma health officials have their knickers in a knot over the increasing number of hookah bars opening across the Oklahoma City metro area, many in close proximity to colleges and universities.

For those unaware, hookah is a fruit-flavored tobacco smoked through an octopus-like water pipe equipped with multiple tubes. Some health officials argue that smoking hookah is more harmful than smoking cigarettes. For example, the World Health Organization (WHO) claims hookah smokers can inhale the equivalent of 100 cigarettes of smoke in a single session.

In a 2005 advisory note about water pipes, WHO said cigarette smokers take about eight to 12 puffs of a cigarette over a 5 to 7-minute period, while hookah smokers take in 50 to 200 puffs over a 20 to 80-minute period_ and the hookah smokers inhale a vastly greater amount of smoke per puff.

In Oklahoma, hookah bars are outside the recently enacted regulation of ‘the smoking police’ at the State Health Department. Odds are that the anti-smoking zealots will attempt to remedy that oversight during the next legislative session in February, 2007.