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Courts 9ismiss Critics Hit AMA's Ad Ban Proposal; TobaccoCharge Threat To 1st endment

Date: Jan 1986
Length: 8 pages

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Abstract

TobaccoCharge Threat To 1st endment p roduct liability suits a~ainst cigarelic manufacturers met back-toback defeats in California and II"lhe American Medical Associa- tioned that a ban would accomplish one lose it, advertisers or o~herwise." Tennessee late last year. |tion called early this winter for a AMA's stated goal of reducing ciga- Time subheaded its report "The In civil suits brought by Floyd .I.

Fields

Named Organization
ACVA Atlantic (Predecessor of Healthy Buildings International, a PM front g)
Advertising Age (periodical)
Agriculture Department (USDA)
American Cancer Society
American Medical Association (physicians group)
Professional trade group representing American physicians.
American Tobacco Company
ASH (Action on Smoking and Health)
Action on Smoking and Health
Association of National Advertisers (Ad group)
Group of advertising entities nationwide.
British Medical Journal (BMJ) (scientific periodical)
scientific periodical
CBS (Columbia Broadcasting System)
Chicago Tribune
Defense Department (DOD)
Department of Agriculture (USDA)
Government Printing Office (GPO)
*Health and Human Services (HHS) (use United States Department of Health and Hum (US)
Mobil Oil
Newark Star-Ledger
R.J. Reynolds Corporation (second tier subsidiary of RJR Industries)
Senate
Tobacco Institute (Industry Trade Association)
The purpose of the Institute was to defeat legislation unfavorable to the industry, put a positive spin on the tobacco industry, bolster the industry's credibility with legislators and the public, and help maintain the controversy over "the primary issue" (the health issue).
U.S. Department of Agriculture
United States Senate
USA Today
Virginia Polytechnic Institute (commonly known as Virginia Tech)
White House
Named Person
Angel, Steven M.
Barcelo, Antonio
Barley, John
Bell, Sun
Bradley, Bill
Brent, Kelly
Bricker, William R.
Caldwell, Earl
Campbell, Sharon
Donaldson, Sam (T.V. host of Prime Time Live)
Fillmore, Millard
Foulkes, George
Galbraith, John (cancer victim)
Gordon, George
Hawkins, Paula
Hotchkiss, William W.
Keegan, Andrew R.
Ketchum, James
Kilpatrick, James J. (Columnist, Evening Star)
Defense
Korb, Lawrence J.
Lewis, Tom
Martin, Jim
Penn, William
Pol, Virginia
Probst, Eric
Rollman, Alan
Russell, Fred
Sayles, Jeremy W.
Snyder, Luther
Stark, Pete
Treto, Rene
Walker, Cecil
Weeks, Robert G.
Welsh, Eleanor
Wenger, Noah
Wingert, Eugene
Date Loaded
16 Mar 2005
Box
1419

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Courts 9ismiss Critics Hit AMA's Ad Ban Proposal; TobaccoCharge Threat To 1st endment p roduct liability suits a~ainst ciga- relic manufacturers met back-to- back defeats in California and II"lhe American Medical Associa- tioned that a ban would accomplish one lose it, advertisers or o~herwise." Tennessee late last year. |tion called early this winter for a AMA's stated goal of reducing ciga- Time subheaded its report "The In civil suits brought by Floyd .I. ban on tobacco product adver- retie consumption and preventing AMA anti-ad campaign strikes legal Roysdon, 51, of Oneida, Tenn., and rising and quickly was given more teenagers' taking up smoking, sparks;' and quoted three Constitu- the heirs of John Galbraith, of Santa second opinions than a break dancer Editorial writers from Trenton to tional experts critical of the AMA's Barbara. Calif.. plaintiffs blamed cig- with vertigo. . Minneapolis to Sacramento called legal thinking. "A First Amendment arctics as the cause of circulatory The 371-member AMA house o~ the idea "misguided?' "ill-con- absolute? declared an editor of the problems and cancer, respectively, in delegates representing 271,000-odd sidereal" or "off-the-wailY Many Levitttown-Bristol (Pa.) Courier the two smokers. Each sought dam- members, fewer than half of the phy- sicians in the United States, voted pointed out that a decrease in to- Times. "If it's legal to make and sell _a.,~es against RJ. Reynolds of bacco consumption had not followed cigarettes, it's legal to advertise Winston-Salem, N.C. overwhelmingly to push for Coogres- ad bans in some European countries them." A federal iudge in Tennessee and a sianal passage of legislation severely (See January 1986 front page story in A Newark Star-Ledger reader, in a California jury ruled against both restricting sales of tobacco products 770 on tobacco ad ban in Norway). published leller, questioned "il there plaintiffs the first product liability lit- and banning outrigh! their advertis- ABC-TV's Sam Donaldson, fresh is a direct and provable causal link igalion to be brought to trial in over ingand promotion, from making his own headlines by between ads showing people smok- 15 years. There are a number of simi- The first ad ban dissent came right ing and the conscription of new lar cases working through the from the floor. Delegate D. E. Ward, a nation's courts at this time. Lumberton, N.C.,surgeon, calledita ~l~,~l~,~l~l~l smokers." "I don't think these ads encourage Meanwhile, Brown & Williamson violation of tobacco manufacturers' ! people to smoke," a retired cook Tobacco successfully sued CBS News from Westville, 111., told USA TODAY. "Constitutional right to advertise in Chicago, winning a libel suit their products in a competitive man- complaining about smoking in the "1( we decided to ban cigarette ads, against the broadcaster for running a ner:' White House pressroom, said he what product will be next on the news slory claiming B&W sought to The AMA's weekly American Med- couldn't go along with a ban he con- list?" an Atlanta real estate broker entice minors to smoke. CBS is ical News commented subsequently sidereal unconstilutional, asked. appealing the verdict. I~1 that the floor debate on the issue Brickbats also flew in AMA's home Columnist James J. Kilpatrick con- "serves as a reminder thai the dis- town. The Chicago Tribune accused demned the ban, citing his coovic- ,, ,, )ute about smoking--and efforts to the physicians o[ "showing worri- tion that "in a free society, govern- restrict it through stilfened laws--is some symptoms.., of an advanced ment has no business trying to make case of intolerance." Tobacco Tax far from over." pepple 'be good.'" Syndicated columnist Earl Caldwell The Trib admitted that, like other Not surprisingly, the trade papers even suggested AMA's molives. "At newspapers, it makes money from Advertising Age and Adweek took ex- Collections their annual meeting, they've taken to cigarette ads. R added, however, ception, too. As did advertising and pulling a rabbi! out of a hat to get "Newspapers do not depend on ciga- publishingtrade associations, who publicity,. La..st year, they proposed a retie advertising--if tobacco compa- were quick to present opposing Fall in 1985 oartonooxm~:' n|es went out of business tomorrow, views in pfint byletterandonna- And publicity AMA got, though per- this newspaper would survive iusl tonal to. These included the Ameri- haps not what it expected. Much of it fine. But newspapers do depend on can Association of Advertising Agen- sounded First Amendment and Big the First Amendment right of free W~. b~t HINGTON, D.C.~Rising Brother themes. Some of it ques- speech and are not eager to see any- (Continued on Page 6) ate levies apparently took heir toll as tolal tobacco lax- collections fell 2.~- percent in the year ooded,as, -oo 0.oodo rca . i IllOklah a Firefighter Ch llenges consumptiontions for federal,fell starchy 14 andCigaretteS'municipal i For Off-D t Cigarette The numbers come from the latest om a edition of Tax Burden on Tobacco, a statistical profile of the industry_~ub- lished by the Tobacco Institute. Trte report found total tobacco tax collee- ', ~'~. , K_LAHOMA CITY--For Or..eg for his futu.re, the fire depaFlment be- governments droppingto $9.16 bil- ~ k/' [ion last year from $9.36 billion a I, '~ \~1" l| Urusendoff, being a nrenghter gan something new itseit- A new At the same time, TI reported that ~. [ ~, t nis ~ather's ;ootsteps. quire roosie nrenghlers to De non- while federal cigarette tax toilet- ! ' Today, the outcome of a suit in a smokers on and off the ]oh during tions dropped 6.5 percent in the most .. ;1 federal appeals court about his being their first year of employment. Health recent period, stale cigaretle tax col- : "~ ~' ~' a smoker stands between him and was the claimed rationale allhough lectioas rose 2 percent and local ex- • ~?" ~ . his realization of that ambition, firefighters in Oklahoma City alread) eises were up 9 percent on a year-to- ' " | " As a boy, Greg rode his bike to his had their insurance compensation year basis. . ~ I.., father's fire station here and soon de- benefits automatically reduced As of last Nov. 1, at an average o~ ~1~ ~ tided firemen were "Number One." smoked. 16.2 cents per pack, up from 15.6 1 ~ By junior high, he knew there was Interestingly, the city also tried to cents a year earlier, state taxes ex- 1 1 nothing els~ he'd rather do than be make the smoking ban part of the ceeded the federal levy of 16 cents. 1 1 part of that proud department, collective bargaining agreement for National tax-paid per capita sales 1 1 Too young to ioin after high all firefighters, but the union stoutly equaled 122packs for the fiscal year 1 1 school, Greg marked time working refused to budge on the issue. ended June 30, down from 122.7 1 1 for the city as a ianitor and sanitation An estimated fifty percent of the packs a year ago. Federal and state 1 1 truck driver. He though! being on the city's 625 firefighters smoke. But as excise taxes accounted, on average, 1 1 city payroll would work in hi.s laver rookies cannot join the union until for 30.8 pe.rcent of the retail price of 1 1 when it came time to ioin the fire de- their one-year probationary period is cigarettes, down from 32.3 percent a 1 1 partment- completed~and are technically not year ago, while the average retail 1 1 Mter he turned 21, Greg applied union members--city fathers had to price of a package of 20 cigarettes 1 1 and began the arduous testing pro- content themselves with forcing their was $1.04, excluding municipal 1 1 tess. But he failed to qualify the first nonsmokiag restdctioas on the new taxes, up from 97.8 cents a year 1 1 time around. Undaunted, he began recruits. previous. 1 1 preparing for the next round of tests Although Greg had enioved ciga- The [ns~tute report sb.m,,'ed that 1 1 by v.'of~.ng out to buitd up strength reties for s~'era~l years, h~ felt n~- average state excise on cigarettes ~ ~ and intently studying boo~ on [ire ing so minor would stand in the way has doubled since 1S~8 and is up service. ~ut wh~le he pl~_--.ned and for lellhi~flWlT-ulh ut see - 21.4 percent since |9~9 alone_ [~] (C~ntinued sn Pa.~e 2j The Tobacco O~se~:er T153361677
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of Snuff WASHINGTON, D.C.--Notwith- standing contemporary criti- cisms to the contrary, the Senate of the United States has al- ways been up to snuff. That's the message of an exhibit put together by Senate curator James Ketchum which includes a small spit- toon of the early 1800s, a copy of a lacquer snuff box and much else. As the exhibit notes, a large snuff urn was always kept on the desk of the Vice President so Senators could help themselves freely to a pinch of "the choicest and most fragrant 'Maccaboy' and 'old Scotch' brands." Millard Fillmore didn't like snuff, though, so he had a box put on both sides of the chamber, one for mem- bers of each party--both remain there today. For a free copy of "Apropos of Snuff," a booklet prepared by the cu- rator's office on snuff and the U.5. Senate, write your elected official or Office of Curator, United States Sen- ate Commission on Art and Antiques, S-441, Capitol Building, Washington, D.C. 20510. ~[ Chief F_,rrJe Philip, of British Columbia, greets M~'~ael J. Tl~ompson, executive Rdor cf the Tcbac¢~ lusMute ef On~Off-Duty Smoking Bans Threatened Across Nation The on/off-duty smoking ban im- posed by the Oklahoma City fire department is not an isolated case. In t977, Alexandria, Va., be- came the first municipality to ban the hiring of smokers for both its fire and police departments. Since then, a number of communi- ties have followed suit. Justification for these bans is claimed, in many cases, on presumptive heart and lung disease legislalion now in effect in 38 states. According to this legislation, fire- fighters and policemen who contract heart and lung disease are presumed to have done so in the line of duty. Municipalities in states which have adopted this legislation must make disability payments accordingly. Today, municipal smoker hiring bans have been proposed or are in effect in California, Florida, Iowa, Kansas, Ohio, Oklahoma, Oregon, Virginia, Wisconsin and elsewhere. In some cases, police and fire de- partments, unions and state labor iatious boards have successfully dis- suaded city officials from instituting smoking bans. Addressing one such ban recently rejected by the Palm Beach, Fla., county commission, local firefight- ere' unionpresident Fred Russell said, "We feel that our off-duty time is our own time, and we feel this is an infringement of our privacy:' National American Civil Liberties Union associate director Alan Roll- man summed up that organization's position toward actions to make non- smoking an employment require- ment, saying: "Generally, we take the position that anyone should be free to do whatever, unless it might be harmful to other people or there is a proven connection that they would be un- able to complete a part of their job. And it should be based on an individ- ual evaluation, not an absolute ban:' Palm Beach County commissioner Ken 5pifiias has warned other legisla- tors considering such a measure: "You're placing yourself in a position of determining what goes on in their homes:' [~l Oklahoma--(Continaed from Page I) of his dream. He quit, And Grog sailed through the next series of writ- ten and physical tests, placing in the top five percent of 500 applicants last fall. On November 30, 1984, he began classes at the Oklahoma City fire training center, along with 25 other rookies. ]~ow the 24-year-old is the plaintiff in a law suit against the Oklahoma City fire department, somewhat dazed about the chain of events that shattered his dream, his self-confi- dence and his hopes of economic security for his wife and young daughter. How did such a cazefuIly-plalmed life end up in a court battle? Just two weeks after he entered rookie t_ra~ning school, Grog fnund h~self standing bdete department officials, stripped of his job v,ithout e.xpIanation or inquiry, and summa- rily escorted out the back His crime? Being observed smok- ing a cigarette whil~ off-du~" at a local Dairy Queen and later admit- ting his action when questioned by superiors. "[ did sign that nonsmoking agree- ment in good faith, and I did stop. Same as working out... I wanted to qualify," Greg recalls. "In the rookie classes, there's lots of pressure. 1 hadn't done any real book work since high school. The smoking ban only applied to rookies, so you'd see the other firemen smok- ing mound the training center.... Still, when ! was in rookie school, well, I hadn't been that happy in a long time;' he adds, his soft Sooner twang catching with emotion. In fact, other rookies began smok- ing off-duty, knowing the department was not actually monitoring their ac- lions. On December 14, while riding to lunch off duty in a car with three other trainees, Greg was offered a cigarette by one of the other rookies. He lit up, joining his fellow rookie, then entered the ice cream store, ex- tinguishing his smoke. But he was observed by a district fire chief, who reported the incident. Apparently, the district chief had not known which rookie was smok- ing, so the entire rookie lunch group was rounded up and told if the smoker did not speak up, theywould all be disciplined--whatever that meant. Greg raised his hand. Sfientfy, he was taken off to headquarters, where he received his dismissal pa- pers on the spot, no questions asked. Three and a half hours after he put out his cigarette, he was put off the force, out of a lob, disgraced and fac- ing a future very much clouded by what would seem to be a minor in- fraction. "I knew I'd goofed, but [ figured l could tell my story. I did expect to be disciplined;' Greg says, more dis- mayed than hitter. "1 wouldn't have smoked ifrd known the penalty, "I thought it weald be like the mili- tary.., if you were caught, they'd probably have you wash trucks or something. But they definitely made an example of me, i'd seen other city employees disciplined at my old job but it was nothing like this:' Perhaps the hardest part was breaking the news to Glen Grusen- doff, his father. Glen has worked for the Oklahoma City fire department 21 years now, and was overjoyed when his boy was accepted. They'd even had a party. "I never had to encourage breg to loin;' Glen says. "It was something he always wanted to do. He knew I never regretted being a fireman. It was something decent, something I could feel proud about and it paid fair wages. "I'm not ashamed of Greg;' Glen says emphatically. "I'm ashamed of the fire department. I don't have to be around the officials who did this, and ~yco-workers support me. But it's ust so sad. My son's lost his life's ream. You would have thought he'd murdered somebody, the way they\,e handled this. "If it's nnt against the law to smoke, [ don't see why they should penalize Greg for it. Rookies have been fired in the past for regular late- ness, not showing up, failing classes, but the department used common sense," obse~'ed Glen. Greg consulted an altomey. Steven M. Angel, to sue for reinstatement. "Money wasn't on my mind, I lust w-anted my iob back. Nnw rm also suir'~ f~r damages. There's been a l~t of damage.., financial and emo- tional," Greg says. Follo-~,ing his dismissal, he was unemployed for two months, and the fire department successfully con- tested his claim for unemployment benefits, maintaining he had been fired for cause. The US. District Court recently dis- missed Greg's case, ruling that Grog had voluntarily accepted employ- ment with full knowledge that he would be required not to smoke at any time during his probationary pe- riod. But the court did not address Greg's claim that the agreement vio- lated his right to privacy and consti- tuted unwarranted government intru- sion. The case is on appeal to the Tenth Circuit Court in Denver, where Grog may have a better chance to ~rovide details of the case. "The real question here is how far the government can go in legislating ,vhat people do on their own time;' ~ngel points out. "It's at odds with jurisprudence to force a waiver of :anducting your lifestyle in a lawful Manner. "If you're prevented from smoking, is the next step to regulate how you conduct your homelife? They could conceivably look at drinking, your diet, even your sex fife;' Angelsays. The fire department may be weft- intended, he acknowledges. "But it's scary that the court believes all you have to do is make the employ:meat agreement one which forces the em- ployee to waive his rights. There's too much potential for state involve- ment in individual's private lives, The principle is whelher they can condi- tion public employment in such a manner:' While the law suit winds through the courts, Grog has tried to put the pieces of his life back together. He and his wife Deretha hoped to have another child, but that plan is on hold now. Prohibited from returning to his Did city lob because of the law- suit, Greg now works as a truck driver and route salesman for a beer distributor. The hours are Ion8 and the money is better than rookm's pay, but Grog admits it's a job rather than a career. The fire department in Norman, a neighboring town, held tests not long ago, and while Grog placed eighth out of close to 300 applicants, during the interview he was singled out as the rookie fired for smoking. Nor- man, too, has an on/off-duty smoking ban for new recruits, one which ex- tends for the full term of employ- ment. "This firing will be a black mark against me anywhere I go;' Greg sighs. If he wins his case, Grog is pre- pared to return to the fire depart- ment, "l know it would be different after being kicked off and black- balled, But I'd still go back:' Grog admits he's changed be- cause of the incident. "it's made me paranoid. I always trusted people too much... I'm probably too honest, I guess. %Vhen I was being raised, if I'd get in a fight or do something wrong, 1 always told my folks. Even now, if I'm wrong, rfi tell you about it. But here I am, being punished for being honest. I iust couldn't be any worse off if I'd lied:' Grog and his attorney remain opti- mistic that the appeals court will ree- og~ze the no-smoking agreement as an invasion of privacy. =It's no bright ro~d ahead," Greg realizes, "but I wc~Idn't feel right if I didn't see this through. Wen it's over, rl] know I\'e done my best. "You can't keep a good man down," Greg says, finally managing a sr~. CI Ti53361678
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dl. tCIT~COUP~, P~--The sun rises pink in the easL I,n ~,e chill dawn Iight, nothing istums me pastoral calm and maj- esty of the rolling countryside save the gentle lowing of cattle in their barns across the way and the far-off sound of ro~sters singing to the ris- ing sun. . Then it begins, the first taint sug- gestion like the finkfing of bells, the sound of horse shoes ringing along the country roadway with an indis- tinct rumbling behind. Suddenly, from around a bend and rising from the stubbly winter fields, a horse and buggy appear and the racket in- creases as a black-clad farmer rolls into the parking field of Martin Auc- __~ .... fioneers, site of Pennsylvania's first "~l~'~'~"~ ~,"~ "~ tobacco auction in livingmemory. • '~f • ~ '~,~" ~. • Soon the lot fills withbuggies • • ~' ~ ~ ~ eachbelongingtooneofAmarica's ~ ] • • , "~ most unusual groups--the so-called • • • ~. ~, l~__J Pennsylvania Dutch of Lancaster . - ~ m ~ ~ County. In truth, of course, these sim- S, ..,. ,..,..,,..=,..=.~ _ ~ ~ ~ pie folk aren't Dutch [A ~ ~'~"~"]~ A ~ ~1~'~ atall, butoneofhis- I~ ! • ! • hr'~ '[lll~" ~_ tory's after-thoughts, i 1 ~ I ~' ~ I! '~ atribeofreligious ~ • ,~ l • I• • "~ reformers who once ~, ~ • • ,~ ~ [.~l~ ~ sho~edEurope ~ / with the daring sim- ~~ [ pligity of their C~isti~ity and who ~~ ~ today continue to am~e modern ~erica by the enduring austerity of ~ their lives. PENNSYLVANIA AMISH • FARMERS' • FIRST • TOBACCO AUCTION • The Old Order Amish in Lancaster, in fact, are famous for their eccen- tricities, They drive grey horse-drawn carriages, use mules and horses to pull farm equipment in the fields for- swear electricity, hold all worship in their homes and have their own one- room schools to educate their chil-. dren--only to eighth grade. The men wear suits of dark col- ored fabric, straight-cut coats with no lapels, broadfall trousers, solid col- ored shirts, black footwear and black or straw broadbrimmed hats. They let their beards grow and most do not grow mustaches. Women are known by their modest dresses of solid col- ors, with cape and apron, full skirt and long sleeves. They wear long hair and always have a head cover- ing. A bonnet and shawl serve as protection in cold wealher. • Histo.rically, the Amish are part of the Anaoaptlst Movement, tracing their origin back 1o Zurich, Switzer- land, in 1525. Severely persecuted by both Protestants and Catholic author- ities in Europe, they moved to Penn- sylvania at the invitation of William Penn, first arriving in the late 1720s from Switzerland, Germany and Alsaee-horaine in France. No Amish survive in Europe today, but Lancaster County has more than 14,000 and they are divided into 75 or more distinct church districts. Each ~,iroup is small enough to hold set- cos in the home of each member on a rotating basis. The high German language of Luther is used at ser- vices, while a simple German vernac- ular is the everyday language and evel3'one picks up enough English to converse with non-Amish Americans --who are always referred to as "the fish:' They are a brotherhood, the Am- ish. CI-Msfians helping others volun- tarily as need arises and taking care of their own elderly, infirmed and ohildren by themselves. They take no Social Security, no price supports, no food stamps,yet they pay the same taxes required of all Americans. The Amish believe in nonresistance and nonMolence as a way of life. Some S00 gathered, then, on a cold Monday morning in December for the first auction of Lancaster to- bacco anyone can remember. A warehouse full of growers watched as North Carolina tobacco caller Milch Ashby threaded his way down long rows of neatly baled tobacco, taking bids from a train of 12 buyers following on the opposite side. Monday's sale average for 295,000 pounds was $1.09, according to Eric Probst, one of the "Pennsylvania To- bacco Auction" (PTA) organizers. First day prices for "tops" and "mid- dies'L-better grades---ranged from $1.10 to $1.15, while "bottoms" sold for 80 cents to $1.02, and "outgrade" tobacco sold for 35 to 50 cents a pound. Traditionally, tobacco has played a very important part in Amish life in Lancaster. While they produce most of their own food and fodder, raise livestock and build their own barns and houses, sew their own clothes as well as can and preserve much of their food, religious strictures against Amish at the tobacco auction. A leaf from first Amish tobacco auction ~'esceted to luther Sn#er and Eugene ~Z'xgert (center) of tim state's delmrtment of agriculture, from Bill ~rnell (r) and The Tobacco Imtitute's JertN Kuprls (I). "worldliness~ have over the }-ears limited sources of income--the hard, cold cash every farmer needs for seed, equipment and stnre-hought items. For over a century tobacco pro- ,,'ided the Amish with the small infu- sions of cash they need on the farm. And this first auction, according to PTA organizers, represents an effort to boost their income, with nearly 20 million pounds of cigarette, cigar wrapper and chewing tobacco ex- pected to go on the block over the winter months. Not surprisingly, given the impor- tance of tobacco in the Lancaster farm economy, the auction drew con- siderable interest around the state with state senator Noah Wenger on hand to speak at the opening cere- mony, with state rep. John Barley and Pennsylvania Department of Agricul- ture directors Luther Snyder and Eu- gene Wingert coming down from the state capiial in Harrisburg to attend. Lancaster's WGAL television channel sent a crew to cover the action. It would be interesting to know what the Amish farmers thought of the auction, of course. But none would be interviewed for this story, or pose for photos to illustrate it. Their religion requires "modesty;' and talking with the press is consid- ered a "worldly" vanity. ".Old Ways Always;' as the local saying goes. While the Amish won 7 talk with re. porlers, they willingly share their time with visitors who understand that modesty requires a strict sim- plicity from them--no posing for pic- tures, for exampl~ They'll even show off their tobacco farms and you can work with them for a half day or so, earning a seat at one of their stupen- dous farm meals. To find out more about the.amish of Lancaster County and perhaps oisR a working tobacco fann, contact the Mennonite Informa. lion Center, 2209 Millstream Road, Lancaster, Pa. 17602 (717) 29~-0954. They have a free brochure with map, describing what's availabl~ 12] T!53361679
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EDITORIALS Heartland Heartbreak The case of Greg Grusendorf on page one illustrates what can happen when government meddles in the personal lives of its employees. Grusendorf broke a pledge not to smoke on or off duty his first year as an Oklahoma City firefighter. He was not the only one to do so, but he made the mistake of being honest about it. What happened was astounding. Grusendorf was marched out of his training class, shamelessly stripped of his job--made to pay an economic price that may follow the young man all of his life. It's a high price, too. Grusendorf's life-long dream of becoming a firefighter may be forever dashed and he may have already lost out on another iob because of the black mark. Something else happened that day, though. All of us lose when good, honest men like Grusendorf become victims of arbitrariness. We lose by living in a world more constrained, more regimented, and more repressed. It's so very far from what reasonable men and women think of as the American dream. I~l Ad Libs The American Medical Association's initiative against cigarettes (see page I) is "doomed." So says the newest issue of Cancer Letter. The reason? "Concerns that any attempt to restrict advertising in the print media would violate the First Amendment," according to the editors of that newsletter. We could have told them that. But lest we relax our guard, secure in our infinite trust in the inviolability of free speech protection under the Constitution of this great republic, consider what else that insider publication said. The AMA's "newly aggressive position" against tobacco, it said, "could help put pressure on newspapers and magazines to voluntarily drop cigarette advertising." That's something else again. And it suggests a new beginning of what no doubt will be an insidious, behind-the-scenes campaign by the anti-smokers pressing publishers to deny paid space to the makers of lawful products. There is, unfortunately, yet another new threat to deny tobacco products a forum for their sales messages to adults. It looms in new legislation introduced in House and Senate to deny tobacco manufacturers traditional tax deductions for the cost of advertising and promoting their brands. Every lawful product and service that advertises is entitled to that business deduction under the U.S. tax code. But the new bills from Sen. Bill Bradley (D-b/J) and Rep. Pete Stark (D-Cal.) would deny the deduction, alone, to the tobacco industry. No matter that there are First Amendment implications there, too. No matter that it would unfairly escalate the cost of advertising for only one industry. Take our word for it. There are Constitutional problems in singling out one lawful industry for such unfair and cavalier treatment[ But more of this in another issue of the Observer. The thought of getting into such Constitutional questions and the economic impact of such measures in this limited space has given the old editor a headache, lle must go search the ads for a pain reliever that appeals to him, while they can still advertise. To be continued... [~l [ ~ T wonder if your readers are as / fed up as I am with 'Thank You • For Not Smoking' signs in orga- nizations and homes. I resent these messages since they imply I was con- sulted in advance about individuals' objections to tobacco smoke and agree to respect their wishes. "In my opinion, this is really impo- lite and disrespectful behavior. I would gladly respect the feelings of others about smoking if they would display the good manners of asking first for my understanding. I have no problems with 'No Smoking' s gns-- only with unearned thanks." Jeremy W. Sayles Milledgeoille, ~ ~ r'l~he subject of smoking in the ]military has attracted a great Ideal of interest lately.... "The issue is not smoking or non- smoking. Nor is it military readiness. The real issues are the political sys- tem's attitude toward tobacco, the implied contract between the mili- tary and its members and the right of individuals in the armed services to make their own choices .... "When an individual loins the mili- tary, he or she is told that as part of the total compensation, he or she will be able to purchase at a discount those items one can normally pur- chase in the private sector. The im- plied contract does not contain a morals clause, an understanding that the commissaries and exchanges will not give a discount on those items some officials in the Defense Depart- ment determine one should not use.... "We ask them (the military) to de- fend among other things the ri ht to ~Z(~ our ov,,n choices. ~t us ~t re- strict their own freedom of choice." Lawrence J. Korb Former Assistant Secretary ~fDefense Letter to ~e Editor 1177e WashfiTgton P~st [ ~ ~ ity Commission should take /note this evening of the sur- ~..,,vey results from downtown Xenia merchants on the topic of the ~roposed anti-smoking ordinance for enia. The results show business- men opposed to the ordinance, its $100 a day fines and the potential damage to their businesses. "... There are just all sorts of ordi- nances we can pass. Now we know we can't enforce them. We don't en- force 10 percent of the ordinances now on the books effectively. %.. Is all this ridiculous? Yes, that's the point." Editorial Xenia Gazette Xenia, Ohio ~ ~ ¢-I-lhe only answer (to laws /requiring separate sections lfor smoking and oonsmok- ing patrons) is the dream of every restaurateur: an expandable restau- rant that magically doubles in size at 7 p.m. on weekends:' Kelly Brent Letter to the Editor Tucson Daily Citizen Tucson, Arizona TI53361680
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President Names Tl's Wiedemeier To Child Safety Protection Panel wASHINGTON, D.C.--Tobacco Institute',fee president Judy Wiedemeier has been ap- pointed by President Reagan to serve on the newly-created President's : Child Safety Partnership, a study group to hetp choose better ways to protect children. The panel is comprised of 26 members from the corporate, private President Reagan welcomes TI's Judy Wledemeler to Child Protection Committee. 0 British Anti's Misleading The Public If you were Cecil Walker, who rep- resents North Belfast in the U.K. Parliament, you would have been told by Action on Smoking and Health (ASH) lobbyists last year that 164 of your constituents die from smoking every year. You might also think that was a fact. You couldn't know, to put it mildly, that it was a fairy~ale. Rare, indeed, is the busy legislator with time to track through the fine print of several publicanons cited by ASH to find these ingredients of sta- fisfieal mismash that produced the 164 deceased Irishmen: --ASH assumed lhat people in North Belfast die at the same rate as all the people in the larger health dis- trict to which it belongs. --ASH assumed that the men in North Belfast are smoking the same and dying of the same ailments and at the same rates as some doctors who answered a questionnaire about those things in 1951. --ASH made an assumption about the women in North Belfast based on no evidence. --A~H made an upward "correc- tion" of the constituents' death rates because, overall, th~] seem to die at higher rates than the doctors did in 1951. --ASH assumed that sm~ "king causes 90 percent of lungcancer mortality, 75 percent of chronic bron- chitis deaths and 25 percent of heart disease fatalities. There's much more to the ASH lab- rications, if one is still able to follow, but it's the stuff that gives a bad name to anti-smoking lobbying and says much about commilment to truth. I~ A British MP Pushes Ban On Smol g In ear • ONDON--If it had to happen ity back bencher in the House of Commons. But it does fairly boggle one's sense of the absurd. The issue at question is smoking in automobiles and, as reported in the British Medical Journal in mid- January, a bill offered by George Foulkes, Labor MP for Carrick, tun Nook and Doon, to outlaw cigarette smoking in cars. arguing--though no e',ideace has been forthcoming to support this claim--that lighfing up behind the wheel is a maior contribu- tory factor in accidents. "Tl~s is aIready the law in Nor- way," FouIkes is reported to ha:'e said, m~takenIy, "and I am c~tain it would play a rna~or part in cutting dw, vn the slaughter on the roads if introduced in ~Htaim" I~1 non-profit, state and local and Fed- oral government sectors, including the Secretary of Health and Human Services, the Secretary of Education and the Attorney General. Also serving with Wiedemeier are Senators Paula Hawkins and Mirth McConnell, Congressman Tom Lewis, Gov. Jim Martin, William R. Bricker, national director of the Boys Clubs of America, Avis president Joseph V. Vittoria, Robert G. Weeks of Mobil Oil and other prominent Americans. "President Reagan created this group:' explained Wiedemeier, "in re. sponse to the growing national prob- lem of child victimization. Protecting our children has been a top concern for this administration and everyone in Washington, but there is a desper- ate need to better coordinate and strengthen protection throughout the nation. "We need to tap every possible re- source;' she continued, "from crimi- nal justice, education, the media, corporate, public interest and social service sectors. And I'm on the pri- vate sector work group to ioin with other industryleaders to come up with ideas corporale America can use to help--whether to better edu- cate their own workforce, or reach out to broader constituencies. "In the months ahead:' said Wie- demeier, "I hope to share our find- ings with American business leaders, including those of the tobacco indus- tv/, and together we can do what it takes to better protect our children." The Partnership serves until April 1987, and is to advise the President on private sector involvement in pre- venting child victlmization, theft, as- sault, robbe%,, kidnapping, drug abuse, pornographic exploitation, abuse and neglect and sexual moles- tation problems that frighten and an- ger the public. I~1 Wikman Wins Assault Case NEW YORK--Alan Wikman asked for his day in court--and won! At issue was an assault against Wikman last year at a chapter meet- ing of Toaslmasters International, where anti-smoking aelivist Sharon Campbell complained about his pip.esmoking and kicked him in the grom. Wikman filed criminal charges against the woman after the attack (~ee Nov. 1985 Observer). They were settled through plea bargaining with the District Attorney early this year when Campbell pied guilty to a disor- derly conduct charge. In light of her plea she won a con- ditional discharge, a kind of informa probation where, if she commits an- other crime in the next 12 months, she can be re-sentenced in this case, including imposition of jail time and a fine. "Naturally, I'm delighted;' ob- served Wikman following the guilty plea, "and hope this serves as a cau- tion to anyone who wishes to take the law into their own hands." Meanwhile, civil complaints against Camp_.bell were pending at press time. Cancer Society Releases Stuf Smoking Shift ~ reef n m " g patterns are Pipe and cigar use fell to 8.5 percent /.~ changing, from 11.6 percent in 1959. ~ That's one of the findings the The proportion of women smoking American Cancer Society released in cigarettes fell to 21.1 percent from the first follow-up report on some 27.2 percent in 1959, former smokers 1,200,000 persons participating in a rose to 22.5 percent from 5.6 percent cancer study begun in 1982. in 1959, while nonsmoking women The study is a sequel to the AC$ fell to 56.4 percent from 6Z2 percenl. "million persons" project begun in AC5 says there was a ~tremen- 1959 and heavily relied on in the first dous" shift to low-yield cigarettes in Surgeon General's report which the 23 years between the surveys. It claimed in 13r~l that smoking is a also repro'to smoking and diet"highly health hazard, correlated~---less smoking among In the latest study, says the ACS, persons with vitamin.rich diets, more 77,000 volunteers in 50 states, Wash- smoking ~,neng those eating more ington. D.C., and Puerto Rico distrib- high-fat meat and eggs. uted questionnaires to 1,207.299 men Some 93.2 percent of the newly- and women age 30 and older resid- sur,,eyed ~'oup were white, 4.3 per- ing in a household with at least one cent black, I percent hispanic and person 45 years or older. Two weeks 0.6 percent oriental. Married penple later, the '.~lunteers coltected the accoanted for82 percent of the completed forms for stu~.'~; with group. 9.2 percem were ~,Sdc~s, 2.8 follow-ups p!amned through I~38. percent were single and 4 percent Since the 1959 stud); the h.CS re- were divorced or separated. College ports, cigarette use among surveyed graduates accounted for 292 pet- r~es drcpl~ed to 26.1 percent from cent, while 22.2 percent had some 48A percent, whiL nonsmo~ers rose collie, 32 percent were high school to 2,5.6 percent from 22.7 percent and £r-eds and 15 percent had not gradu- ex-sm~.:ers from 17.3 to 39.8 perce-~, ated from high school. TI53361681
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USDA Yearbook Explores Trade Developments Ww/~HINGTON, D.C.--"Tobacco as America's first export;' notes the U.S. Department of Agriculture in its latest yearbook of the nation's agriculturalecanomy. "More than 1S0 years before the Declaration of Independence--in 1613--colonists shipped 2,500 pounds of tobacco from Jamestown, Virginia, to England+ That was the beginning of an agricultural export trade that today includes virtually all commodities," reports the govern- ment. The 84th edition of a series begun in 1894 nol only focuses on U.S, agri- culture, but closely examines the pol- icies and activities of other counlries, critically evaluating production and tradepracfices in many areas, including tobacco. It offers varying --and sometimes contradiclory-- views on where agriculture may be heading in the next two decades. "U.S. Agriculture In A Global Econ- omy" is a critical worldwide look at agriculture for economists, teachers, students, farmers, agribusioessmen and decision makers--here and abroad--and is available for from the Superintendent of Docu- ments, U.S. Government Printing Office, Washington, D.C. 20402. The order number is 001-000-04452-4. [~l AMA~Continued from Page I) cies, American Advertising Federation, the Association of Na- tional Advertisers, West Coast Black Publishers Association, Magazine Publishers Association, American Newspaper Publishers Association and Advertising Photographers Asso- ciation of New York. Within days of the AMA vote, a To- bacco Institute spokesman was " asked to take on A[',L~ chairman Wil- liam W. Hotchkiss in opposite col- umns in ~.~_.A TODAY Dr. Hotchkiss claimed a ban "would not strike at the core of the First AmendmenL" Replied The Institute: °People are unlikely to start consulting their fam- ily doctors for l~al advice in the wake of the Amexican l'Jedieal Asso- ciation's coli for censorship of to- bacco adverfislr~Y At The Key West Cigar Factory Museum KEYWEST, FLA. Tourists stroll- ing the old quarter of this his- toric nautical town amble down a small passage with the fanciful name "Pirates Alley" to enter the 19th Century. Here. inside a doorway guarded by a throng of the island's famous stray cats, artisans pursue the ancient and honorable eralt of the handrofied ci- gar. The Key West Cigar Factory, which opened its doors more than a century ago, continues its tradition today from a small shop which serves as a combined museum, fac- tory and retail outlet. The original factory, located just down the street, closed 23 years ago and the new store opened shortly afterward. Eleanor Welsh, owner of the factory for nearly a quarter- century, helps customers choose from the wide variety of cigars pro- duced in-house. Meanwhile, the small crew works with lightning speed to bind the aro- matic tobacco leaf into first-rate ci- gars. The original molds, tables and cutters from the larger factory still work admirably while easily quali- fying as antiques. All of the workers at the Key West Cigar Factory are Cuban-Americans, although in bygone days the craft was dominated by "Bahamian con- chs'--the slang name for original residents of the Keys. Some workers were drawn into ci- gar manufacturing by family tradi- tion. Employee Antonio Barcelo's mother worked in the original factory until age 93 and was known as the "oldest stripper in Key West" because her duties included preparing, or stripping, the tobacco for rolling. The shop still uses the apprentice system, where head cigar maker Rene Treto supervises the work of trainees Norton Salts and Phifiipe Suarez. Despite the small staff, an av- erage of 1,000 cigars are produced daily and Welsh plans to enlarge the operation. All of the leaf used in the factory's • .igars comes from H~,ana seed, im- ported from Brazil, Honduras, Co- ombia, Mexico and the islands around Cuba. The cigars are w~apped in shade-grown tobacco from Connecticut and Cameroon, Mrica. Walsh orders small quantities of each leaf type, ensuring quality, freshness and variety. Welsh, a Connecticut native, moved to Key West as a young widow, attracted by the historical na- ture of the cigar industry. She terms her work "a hobby as well as a busi- ness" and views the collection of to- bacco memorabilia as a natural ex- tension of her calling. She is quick with cigar lore, too, including the use of "readars".--em- ployees who read to their co-workers from English and Spanish newspa- pers and classic books, a form of en- tertainment and educational en- hancement common before radio, television and the phonograph were invented. In today's cigar culture, of course, the reader hasgb/en way [o the ubiquitous radio, Welsh notes with some regret. About a third of the factory's busi- ness comes from mail order opera- tions, says Walsh. A dozen different long filler cigars are offered through the store's flyers, including the "Churchill" and "El Hemingwa~, named in honor of Key West's most famous resident of the '40s and 'SOs. Tourists help the mail order trade prosper, keeping their memories of Key West and its splendid cigars alive over the non-tourist seasons. For both cigar lovers and history buffs, the Key West Cigar Factory represents the old-time tobacco culture going strong in 1986. For mail order information, write to The Key West Cigar Factor£, Pirates Alley, Key West, Fla. 33040. The Bgtlsh-American Tobacco Company of Hong Kong has produced one of the world's most beautifld calendara, a celebration of young Chinese artists and their work through ~he Rong Kong AHs Center. It is produccd vdth care, lushly captudngthe brush strokes and nuances of several promising young talents, including He De-hua, Hu Cheng-shl, Wang Chaun and others. The full-color, poster-slze calendar is available for $I0 from Brltish-American Tobacco, Z Heung Ylp Roadp Abe~leen, Hong Kong. Doctor's Goal: AMA resolutions include recommen- dations to: • ban all advertising of cigarettes, including newspaper and magazine ads, and billboards. • ban vending machine sales of cigarettes, and forbid display mate- rial at point-of-sale locations, such as pipe and tobacco shops, news- stands, convenience stores and elsewhere. • prohibit tobacco company spon- sorship of concerts, sports, artistic, cultural and other public entertain- ments. • require mandatory health warn- ing labels on smokeless tobacco products. ~, prohthit tobacco concerns from awarding scholarships and other de- nations to public works, arts, cultural and cMc causes. • forbid movie makers from dis- ~laying tobacco products and from epicting smoking in films. • ban product publicity such as sky writing or balloon displays. • forbid free samples to adult smokers, and disallow clothing, hats. t-shh'ts and other wearing apparel products from bearing the ne_,-ae or logo cf d~arette brands. T!53361682
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Tobacco Fields Rotate with Broccoli --- By Andrew R. Keegan SOUTHSIDE, VA.--fieorge Gor- don grows flue-cured leaf on the same farmland his grand- father bought more than 50 years ago. He follows the same seasonal rhythms that tobacco farmers have al- ways observed, from the sowing of seed in spring to the calling of the auctioneer in autumn. Yet time has not stood still in Southside. A computer now sits to the left of Gordon's desk. His conversation is peppered with terms like "profit mar- gin"and "market window." He is as lamiliar with the labyrinthine detail of government allotment and price sup- port systems as he is with planting dates and quality grades of tobacco. And since 1982, George Gordon has raised a crop of lallbroccoli in addition to his regular acreage of golden leaf. "Five years ago I would have been laughed out of the county," says Gordon. But as a result of a study eort- ducted by the U.S. Department of Agriculture, and co-ordinated by the Co-Operative Extension Service and Virginia Polytechnic Institute, fall broccoli is thought to be one of the best crops to supplement the in- comes of Virginia~ tobacco-belt farmers. The government experls see a potential market from Philadelphia to Savannah for the stuff, with cheaper transportation costs to get it to consumers' dining room tables in- stead of from far away Texas, California and Florida growers. And nobody is laughing. Like George Gordon, Larry McPetexs was also bum and raised on a tobacco farm, and the Halifax County Extension Agent shares Gor- don's enthusiasm for broccoli. He ex- plains that aher considering 2"/crop p~ssib;,tit[~ for the Southside area, the USDA suggested fall broccoli be- ca~e it is we)l suited to local ing conditions, and require~ much of th~ same equipment aIre~dy v.se4 tebacco For example, row-cropping ma- chinery and irrigation systems can be easily adapted/or broccoli use. Fall broccoli is also harvested after to- bacco-when the labor force is not being used at 100 percent capacity. And it provides a hlgh net return per acre, though far less than leaf, Despite these favorable arguments, though, McPeters admits that some Southside farmers are still on the fence about growing vegetables and are cautious about the Southside Pro- ducers Co-Operative that was set up to market them. However, McPelers believes that the construction of a $500,000 cool- ing and packing facility lot produce will convince those farmers who are still hesitant about the enterprise to at least investigate the economics of using their labor and land year- round. "There's really only one way to convince a tobacco farmer," says the county agent, "and that's with economics:' George Gordon agrees. As the trea- surer of the Producers Co-Operative, which encompasses eight Virginia and two North Carolina counties, he believes that the new facility is essen- lial for showing other area farmers that supplemental-income crops are a workable concept. "We need a marketing organization more than we need a crop," says Gordon. Consumer enthusiasm is already high for broccoli, he says, while the 207 acres of broccoli produced last year in the Southside area severely taxed the marketing abilities of the existing co-op. With the new facility in place, however, the co-op antici- pates continued expansion and hopes to become a primary supplier o! fall broccoli to one third of East Coast America. "We're at the poinl right now where we either stagnate or grmv. And we've cah.osen to grin," he explains. Nor is ~o',,,ing produce to supple- ment tobacco income an enlkely new concept in H~lifa~x Ccunb; For cr:er 40 years, tobacco refiners in Tur- b~dlle--wh~ch is blessed wzth a "rich first-terrace river bed soil," says Gordon--have been growing can- taloups as a supplemental-income crop. Those are "some of the sweet- est cantaloups in the world," he says, and the demand for them is wide- spread. There's even an annual melon harvest lestival every August. Though not connected with the "lhrbeville cantaloupgrowers, Gordon says that the Southside Co-Operative is also looking into melons--bush varieties--as another possible sup- plemental crop. Other co-op pro ects under consideration include develop- ment ol a Vidalia-type sweet onion, a winter cabbage that could be stored in the new cooling facility until mid- winter when market prices peak, and /. George and Anne fiordon on their tobaccolbroc¢oll latin. hydro-cooled sweet corn that could be sold to supermarket chains. The flexibility that George Gordon brings to his co-operative work re- flects more than 20 years of business experience. When he graduated from the Virginia Pol.'Rechnie Institute and returned to Halifax Count); he was determined that his tobacco workers should have year-round empl~'ment. He points out that even if his nine- month tebacco operation could gen- erate enough money lot hks family to live on--an increaskagly st~cky ques- r~cu[tural program, wild f:uctua~[or~ in the balance of trade and the sky- rocketing U.S. dollar~his workers would still be forced into unemploy- ment three months out ot everyyear without other projects to keep them busy. "You have to have labor and unless you want to rely strictly on migratory labor, your employees have to have a year-rouod income, too," he says. So in addition to his tobacco farm, he began a greenhouse enterprise two decades ago that now grows over two apd a half million plugs o! bedding plants for spring sale, as well as keeping his workforce employed throughout the entire winter. The greenhouses are heated in winter by a hot-water furnace that bums waste pulp hardwood that Gor- don buys from nearby lumber yards at 20 percent of the cost of oil or propane. Hot water reaches each greenhouse via a gravity-feed system, and is circulated within each by indi- vidual half-horse.power pumps. The furnace is also used to help the flue- curing process after the tobacco harvest. Gordon believes that adaptability and creativity are key to successful tobacco farming. "I think the day when we had the luxury of working eight or nine months of the year and taking off the rest is gone. I iust don't think our economy is going to allow us to do Ihat," he says, However, even as he looks for ways to change, George Gordon also ex- presses great faith in the strength of Southside's number one enterprise-- the growing of flue-cured tobacco. And although he acknowledges that change is sure to come in that field, too, he retains his optimism, noting that for most farmers in Southside to- bacco remains the number one cash crop year after year, "Nobody is going to let that lall away:' he sa)~, "and as long as peo- ple have some land to till, tobacco will be grown." Along with a leo,' ceres of broccoli in Southsid~ To find ~uI more about supplemen- tal-income crops for tobacco fam~ers, contact the nearest counr.¢ e.xlenMon sen:ice agenL ~ T153361683
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F.~ZRF.~2£ \:,L--"The problera ~ ~" Gray R~h~on obs~ scaly, "not cig~e~te smok~" He sp~ ~f ~e s~led "sick Building ~drome~buEdings where the wor~orea ~enc~ ahno~ally high indd~c~ of colds, sore ~roa~. dg" eye, h~da~ and firedn~s, inf~fions and o~er r~pirato~ problems~and the mis- placed notion ~at cigarette smoke is to be blamed. "In fact;' Robertson quietly insists, "~1 o[ the government res~r~ to date here and overseas an 'sick buildings' and tobacco smoke, all ~he p~ate sector findings and our own ~efience with office buildings a~oss the United Stat~. throughout Europe and in ~ia~aH o[ the rese~ch points to lack of hygiene as Ihe ove~hdming cause of the dis- comfo~ ~d slyness among ~e unfortunate workers in thee build- ings)' Robertsoo is concerned because Gray Roherlson he's the president of ACVA Atlantic, Inc., a consulting firm specializing in indoor air quality and its impact on worker health and safely. ACVA's cus- tomers include big name buildings housing several Federal agencies, hospitals, banks and insurance com- panies in major office buildings around the country, and even news- pa ors. ~eadquartered here since 1981, the firm pioneered the study of internal pollution problems of industrial and commercial plants and offices in Europe, melding the talents of air conditioning engineers, microbiolo- gists and chemists, three disciplines practically never focused on indoor air quality issues. "The fascinating thing we discov- ered;' recalls the British-born Robert- son, "is the one single common denominator of the so-called 'sick building'--it is always air condi- tioned." Today, of course, most Americans view air conditioning as an ordinary utility, a common necessity on par with indoor plumbing, if slightly more exotic. But it was only in the late 1950s and early '60s that air con- ditioning entered the lives of most Americans, appearing first in office buildings, shopping centers, restau- rants and other public places, then in homes and finally automobiles. So common is the amenity today, there are even amusement parks in the Sun Bell with outdoor air conditioning for AR.~r d~. swaltering vis.~tors. "%Vhat ~x~u have to understand about air conditioning;' Roherlson explains, "is that it provides a perfect breeding ground for germs--an enclosed space, constant tempera- ture, humidity and food, which is the dirt:' Interestingly, the dirt is found in ductwork that carries cool air throughout the building. One large hospital of 750,000 square feet, for example, has an amazing 14 miles of air conditioning tunnels. Germs, bac- teria, fungi, molds and other microbes find their way into these, where, over time, they multiply out of sight and out of mind in a system that is typically never cleaned. Where the germs come from is equally amazing, according to Roberlson, whose engineers have found dead insects and birds, dead rodents and even snakes in the ducts of some inspected buildings. Rotting leaves and vegetation and other organic substances accumulate in the ducts as well. "You can have the best air condi- tioning system in the world:' observes Robertson, "but if the ducts are thus polluted it can make the entire building a dumping ground for disease." This is especially lrue in buildings with improper maintenance of filters fans and other indoor air conlrols, according to Robertson, calling it a distressingly common finding among ACVA researchers inspecting the heating/cooling systems of office buildings around the country. Moreover, with the energy crunch of recent years designers are requir- ing much tighter sealing around doors and windows of most build- ings--keeping out good fresh air--and the air eondifioning/heating is often shut off at night or over weekends. When this happens, con- densafion settles inside the duct- work, creating reservoirs of spores and microbes that flourish only to be spread around when the unit is turned back on. A frequent symptom of this is the complaint of odors or sickness on Monday mornings that disappears through the week only to reoccur the next week. Another problem is that many building operators mistakenly belleve constant recirculation of indoor air is better for inhabitants. Instead of bringing in up to 25 percent fresh outdoor air per hour, they recycle up to 100 percent of the stale air already in the building, a condition guaran- teeing that any infectious germs, allergenic dusts and spores are carried from office to office, wilh repeated outbreaks of apparent "common colds" moving back and forth throughout the building. Where does this put tobacco smoke? It's true, he allows, that cigarette smoke in an unventilated room can eventually build up to the point of discomfort for some people. "Eut if that happens;' he explains, "it doesn't mean you have a cigarette smoke problem--it almost always proves that you have a ventilation and hygiene problem that no amount of cigarette banning will cure. "What I'm saying," he continues, "is that if you ban smoking in such an office, you only remove the visible presence of cigarette smoke. You probably think you\'e done the righl thing. But the reality is that any office building tkat has an air conditioning system s~ weak or ineffectK'e that it tan not remove ordinary dgarette sme'::e--that ~tem almost certainly contains invisibre Frob!arns in the f~rm of organic vapors including for- t maldehyde and carbon monoxide; miscellaneous fibers such as fiber- glass and cotton dust; allergenic dusls; bacteria; fungi and other spores---all being pumped onto the inhabitants daily)' VChat's a person or building man- ager to do if he or she suspects "sick building syndrome?" Robertson is asked. "My advice is simple," he allows. "Start with the building maintenance craw, checking filters, air flow, fresh air intake and all the rest. Many newer huild.ha~s have perfectly designed air conditioning systems, but are lust run wrong. "You ~t also turn to profes- sional iavestig~!ors vzch as that can evaluate indoor ah'. and, most importantly, check the duct- work. Today we can insert fiberopties into ducts and actually see how clean or dirty the~,, ere. If need be, there are new techniques to clean the ducts, putting an end to the circula- tion of filth. "Finally:' Robertson concludes, "it's important to get everyone involved in solving the problem, turn- ing to :,'our public health officials, the union, plant manager and so on. Each of you can add something and each can work for a remedy that will ben~t evei,icne. "Only remember," he cautions, "cigarette smoke is seldom the enemy. If it isn't cle,~ed a',vaF byy~ur ventilation systems, it's a sign that you have ohh~r serious pro~Iems." I~1 T153361684

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