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Smoking Restrictions Are Proving Popular But Hard to Enforce

Date: 19771117/P
Length: 2 pages
03739075-03739076
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Author
Kennedy, S.
Area
LEGAL DEPT FILE ROOM
Alias
03739075/03739076
Type
NEWS, NEWSPAPER ARTICLE
Site
N14
Named Person
Arnold, J.
Arnold, R.
Campbell, K.
Carnes, B.
Fundenberg, L.
Gordon, J.
Hickman, D.
Kaye, L.C.
Marten, M.A.
Nader, R.
Simek, W.
Stroud, F.
Vilnius, D.
Date Loaded
05 Jun 1998
Document File
03738759/03739179/S and H Re Allergic Responses Effect of Smokers on Non-Smokers Vol 1 82-77.
Request
R1-004
R1-037
Named Organization
Ak Lung Assn
American Cancer Society
Assn for Nonsmokers Rights
Comm Insuring + Guaranteeing Anyone
Consolidated Cigar
Federal Aviation Comm
Federal District Court
Group Against Smokers Pollution
Health Dept
Hitch Inn Rail Bar
Lung Assn
Ma Bay Transportation Authority
Mi Wayne County Health Dept
People United to Fight Fanatics
Characteristic
MARG, MARGINALIA
Litigation
Stmn/Produced
Master ID
03738724/9179

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ley61e00

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Page 1: ley61e00
4 'Smo.fzing Restrictions A re Proving Popular ~:'B ut Ha rd to Enforce C By SHAWN KENNEDY The rising aggressiveness of the non- =amnker, abetted in part by evidence that .other people's furning tobacco holds the potential for harm, ha3 reached the point " that 33 states and many more cities and counties,have adopted some form of re- :" ttrictions on smqjU&„jp,~public places. ~ wAe'!!f"fltg''t~3tes ar,Zlroader than f>~ Federcal 1 l§ l,~t,i"~tlPat started it all, ' an~"StFiei°s are just so much legalistic flab. But whatever the scope of the laws, there Is agreement among concerned indi- s viduals as well as antismoking groups that enforoing the statutes Is almost im- possible, that compliance, then, is mostly a matter of public cooperation and that ~ even if the laws are weak public support for them is growing by the day. While the American Cancer Society is ' pleading with smokers to "quit for your own sake," sponsoring the "Great Ameri- ' can Smoke-Out" today as the latest event In the society's 25-year crusade against smoking, nonsmokers are becoming less timid about saying, in effect, "Smoke if you want, but not around me." Medical evidence that the toxic sub- stances produced by tobacco can affect nonsmokers under certain conditions led to Federal restrictions on smoking in pub- lic areas. In 1973, with Arizona first, ;ttatei and localities began following until today there Is an array of statutes that Continued on Page B13. Column 1 • N, T.C. NOTrrtOLbERt: Jule af In a trllrte t. Juk farCer, whn lxot CUy 11aIt on propo+ed 3-7rar moratorlum. C)ly 1?a1I, Frt., Nor. 1lI, 1p:30 A,M ; no Tund tntdng. Ad Hoc Commtt'ro to honor Drr. FutKr-B9B-4093.-Advt, t - -- .,--__.,_~+...........a~r........+..+~- --- - - i._..i.~ C .
Page 2: ley61e00
. ~ Curbs on Public S Popular but Ar . . Continued From Page Alta11 ~ ort of the Federal model or go well •oc d it. be} 1 But wr et.het statutes are broad or tmit- ed, Wa;ter Simek, the fire marshal in St. cho the words ed to N i l moking Prove e Hard to Enforce illion smokers have not been nearly 53 m so zealous as nonsmokers. An organiza- tion calling itself C.LG.A.R.S. (the acro- ~nym, which stands for Com ' mittee Insur- nn., seem e ; I Pau C ing and Guaranteeing Anyones Right to Smoke, also reflects the group's sponsor- hip-the Consolidated Cigar Corporation held an organizational meeting in New ! of otcers who are supposed to see tha~ York City in June 1976 and has not met " 1 the iaas are carried out: Enforcement-I since. i rd sa'~ it's impcssible." ; L'sPerkeiey, Calif., where the ordinance I proci=:^g for a£50 fine has been in effect But in Lubbock, Tex., Judle and Rick Arnold six months ago organized P.U.F.F., an acronym for People United . mnce Juty, it is tne responsibihty of both I to Fight Fanatics. The group has 500 : the Pci:ce and Health Departmects to en- i members nationwide and a representative force the law. So far there have been I in Washington to keep them informed r no more than a handful of arrests. of proposed legislation regarding bans on il 'Trre major problem is that there Is~smoking and such diverse other matters no way the police could ever find every- I as the 55-mile-an-hour speed limit. The -e who is vtoiatir.g the ordinance," satd , group, whose founders do not smoke, ex- t an !"}lere ce Stroud, the Heal h Depattment pects to be expanding its membership and = director. - publishing a newsletter soon. • / be'kelees Police Captain, Darrell Hlck- Smoken seem to consider from a legal man. added: "It's sornewhat like someone point of view any lack of action in court h t t f us t e a a - ealit^g about a car biocking a driveway;I cases or any mamtenance o or l - f by the time the police come the car has + ~e,• Indifferent Lobbyists - ]r'crcement becomes even more erratic whe_. it is up to restaurant managers, zetaii store clerks and bus end train opera-Drs to see that the no-smoking a!gn9 are observed. "We don'; have the forces to enforce this law," said Ken Campbell, director -..of p•.~::ic relations for the Marachusetts ay Z~nsportation Authority. A state s:at•_e Lprc:~ibits smoking on buses and ~St^a .$. In some cases, Mr. Campbell yknotei. ii e bus cr train driver stops the t~enir ~.rtil r~. <.nnkor e•nnc "aut these ases Lce rare and at :.he driver's discre- on.' a As countervailing lobbyists, the nation's nLOn matters as a s e cuo m legis their position. In New Orleans, for exam- ple, Judge Jack Gordon of Federal District Court ruled against a group of nonsmok- ers who contended that their rights bad been violated when they were forced to inhale tobacco smoke while attending sports and entertainment events in the New Orleans Super BowL • And more recently the Federal AvlaHon Commission rejected a move to ban smoking in the cockpits of commercial airplanes as well as prohibit pilots from smoking eight hours before takeoff. The move, undertaken by Ralph Nader, held that smoking was particularly dangerous for the pilots and therefore could jeopard- ize the safety of the passengers as well. Ironically, the antismokir.g groups that fought to get the laws on the books now ~ - THE NEW YORK TIMES, THURSDAY NOVEMBER 17, 1971 admit that tDs statutes maka ]Ittla differ• eneR - _ L 'They put up a aigtt and a law-abiding citizen will abide. But there'a no one to enforce it," said Lok Fundenburg, acting director of the Lung Association in Kansas, where smoking is illegal in public places such as elevators theaters and ii- braries and carries a 52`5 fine if the per- son in charge of the building has posted a no-smoking sign. Leo C. Kaye, the executive director of the Alaska Lung Association and of a local lobby called G.A.S.P. (Group Against Smokers' Pollution) has felt similar frus trations but has discove M a way of pres- suring those responsible for enforcement When a nonsmoker complains nbout violations In certain buildings, Mr. Kaye reminds the people who are responsible for building maintenance of the law and he continues to do so until the ordinances are enforced Protecting Nonsmokers' 'Rlght.' "So far the soft approach has worked,°, ha taid Betty Carnes, a Scottsdale, Ariz., ornf-' thologist who joined the crusade against smoking after watching a 29-year-old friend die of lung cancer, puts little faith in either the entismoking ord,•nances or the arrest records of the enforcers. Int lawa atop abort of banndng smoking ie grocery stores. Mrs, Carnes'A friend walked out, leaving a cartful of groceries in the aisle, when a clerk Ignored her appeals for he'.p ifn the matter. • qVhen several people ara invo:ved It Is often peer group pressure that per- suades a smoker to stub out his cigarette. A group of patrons at the Hitch Inn Rail Bar in Afton, Minn., decided to do soalething about the pipe smoker who had wandesed into the nonsmoking sec- tion. After he ignored their requests that he leave, they promptly hustled him to the door and threw him out-without opening it first While such drastic measures by militant nonsmokers may be rare, verbal confron- tations are common nowadays. In the past nonsmokers may have been embar- rassed to "make a fuss," but now, said Douglas Vis.ius: health education director for Micsigan's Wayne County Health De- partment, "s:nokers are starting to feel the pub!ie pressure, to feel mtoking is sociallv negative behavior." He added, "hlinety-five percent of them know that It's not good and when nonsmokers speak yp'it adds to their smoking problem." 'YThere's been a tremendous turnaround fn tlte last two years," noted Mary Ann Mart~a a program associate for the iung c~ "I don't care how many laws you have, i asbo tion and director of the Assocla- if you don't have people in the state be- tiap'9or Non-Smokers' Right.s, "Eben hind the laws the law isn't worth the reaise that there should be a paper It's written on," said Mrs. Carnes. ha an smokang in aome public-placea.^ The citizenry must support the spirit as crtg of the icsae,' saldMr. Vilni- we11 as the specifica of the law, Mrs. as, 'k that-anoking san be 3.rmfttl to Carnes believes, If what she holds to be le for two reasons lyrst the rhildren the r ghu of nonsmokers are to be pro- in e hames of mtokers ha;e t.cice as tected. -. -, m - respiratoty Illnnses as vther cfii- Mrs. Carnes tells the story of a frlend dr and'carboa mnamcfbeSs-Jzarrmihl wno asked a smoker next to her in a to people with respiratory tdiseases or " It tas-oome~down+l~ a supermarket check-out line to observe a hesit trotrbie. no-smoking sign. "It's not the law," the I ou4ition of life, but until teerstty.the amoker responded tersely. Apparently he I s.mbkvbad eontrol tn the mortsiUSat i was aware that in Arizona the antismok- and the nonsrnoken did not.^a•?,y y_1 ) ©

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