Tobacco Documents Online

MIAP3i, FIA. HIRALD D. 406,341-S. 509,396 MIAMI METROPOtITAN AREA NOV IA 1c: 4". I'avvo-I'ear-Old Srnolcing Ban Works ' - I~ven If It Is ~Inereforceabde By JAMES BUCHANAN Hrrald Slaff Writer The father of Dade County's two- year-old no-smoking laws admitted Thurcday they were unenforceable but claimed 'fthry're going so well an}way it doesn't bother me a bit." In fact, Metro Commissioner (0'^4 any Cain, whose "stamp out ..moking in public places" campaign had its bct;irlnin~ In Dade County elevators in 1973 and spread to de- partment and grocery stores a year later, now has a new goal. "i've got my eJe on the restau- rants," Cain confided. ELI6U.EO SIMON CAIN "All I have to do," the commis- ' sioner said, "is figure out some way that it won't hurt the small opera- tors who don't have room to segre- gate the puffers from the non-puf- fers." WHILE THE countywide statute provides up to $500 in penalties and even, F0 days, in jail, neither the • state attorney's office nor court of- ficials can recall a single arrest. "Let's face it," said County At- torney Stuart Simon, whose staff devised the wording for the ordi- nance. "It's virtually unenforceable by police officers unless some store or office building has so many of- fenders the management makes a complaint to the sheriff." Only then, Cain admits, would it be practicable to assign police for the spot arrests. . "But it's being morally enforced," according to the commissioner. "IT'S TiIE PEOPLE, the people in the elevators; the clerks in the -stores and the nonsmokers in the check-out lines, who by their re- Turn to Page 2A Col. 4 k ~

lirfitactrantq N est, Cn l><>< Says -. `No-Arrest' x FROM PAGE I marks to offenders, are enforcing the law. "It's being enforced by people who want to obey the law, apd I'd say" it was 85 per cent to 90 per cent effective." /ONause violation of the ordi- n!. : is a misdemeanor, a "citizens arrest" isn't legal. "And there's no point In calling for the police," said Assistant State Attorney Ted Mastos, "because he can't make an arrest unless lie's a 'witness to the crime,' " And the of- fense is ended as soon as a cigaret is stomped out. While complaints can be made through channels, "people are too busy to go through the rigmarole," said Mastos, who heads the office's w Smoking Ban ~orking criminal prosecution section for terviewing, the ` witnesses, the County courts. - state attorney's " office believes there is "probable cause" then an IT3 TEDIOUS and time eonsum- information would be filed and the ing to have someone arrested for first of the court hearing dates set. smoking in an elevator, a. depart- , ment store or a grocery. "WE'VE HAD very few persons The person making the complaint even inquire as to the process," must: Mastos said Thursday. "Usually, 1. Get the name and address of those who come in complain about the offender and carefully note the someone smoking in their condo- time and place of the alleged of- minium elevat.or." fense. "We've always managed to get 2. Get the name and address of at the parties together under the Citi- zens Dispute Settlement Program least one witness. and they've ironed out their differ- *n8 ~Somchow-IMUJTt='tht""VIV9191' ences;' he said. offender'a°ttgttT'•or'*cigart't`btttt'gS` Frankly, the state attorney's of- evidancs.--ror-apprapH~tg'?1ts'°lR fice admits it isn't pushing the pros- her pipea ecutlon of offending smokers nor 4. Go to the state attorney's of- asking police to set up an under- fice and sign an affadavit setting cover nicotine squad. forth the complaint. ' "We've many more Important lf, after an ihvestigation and in- crimes to handle," Mastos said. Fedo~'i1l 1La,1 Proposeal for Publaic Places WASHINGTON - (AP) - Legislation to ban smoking in ' elevators, hallways and meeting rooms of all federal i9uildinRs 'was Introduced Thursday by Rep. f~nbert• F. Drinan (D., Mass.). , bItINAN. "More than two-thirds of all Americans are nonsmokers who find ourselvos breathing air contaminated by the smokihg of others," said Drinan, who told a news conference he quit smoking "years ago." The bill wbuld limit.smoking in federal buildings to specially designated areas. It also would ban smoking in waiting lines, passageways and boarding areas of airportsr, train depots and bus stations, brinan said. ' • The Tobacco Institute, reptesenting major ciga- „I ret manufacturers, lssued a statement , saying Dri- nan's "allegations against smoking are unsupported by scientific_ eVidence." The measure also would Increase the federal er- cise tax on cigarets by one cent a pack and require a sterner health warning on the outside of each pack. .