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SHOOK, HARDY& BACON REPORT ON RECENT ETS AND IAQ DEVELOPMENTS September 24, 1993 N ~ ~ O ~ GT. SHB C

REPORT ON RECENT ETS AND IAQ DEVELOPMENTS. - IN' THIS ISSUE - IN THE UNITED STATES REGULATORY AND LEGISLATIVE ITEMS • Joseph Dear is nominated as assistant secretary in charge of OSHA, p. 1. • Report on a recent EPA indoor air quality committee meeting, p. 2: • Plaintiffs file their brief in opposition to. EPA's motion to dismiss the ETS Risk Assessment litigation, p: 2. ETS-RELATED1ITIGATION AGAINST CIGARETTE MANUFACTURERS • Court of Appeal denies petition for rehear- ing in Broin; CEO depositions being scheduled, p. 5. • Plaintiffs' motion for protective order is denied in Butler, p: 5. SCIENTIFIC/TECHNICAL ITEMS ISSUE 56. • "Heart Disease and'the Environment," p. 7. • "EnvironmentallTobacco Smoke Concentra- tions in No-Smoking and. Smoking Sections of Restaurants," p. 8. • Repace and Lowrey publish study on ETS in the workplace„ p. 9. IN EUROPE & AROUND THE WORLD: REGULATORY AND LEGISLATIVE MATTERS • Tobacco interests challenge cigarette pack warnings M Canada, p. 10. • Health officials plan to introduce antismok- inglegislation in South Korea,, p. 10. ETS-RELATED LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS • ETS/IAQ LrT1GATlON NOT INVOLVING CIGARETTE MANUFACTURERS • • IAQ case in Michigan involves a school's ventilation system, p. 6. • Court cites McKinney in a prisoner smoker's rights case, p; 6. LEGAL ISSL'ES AND DEVELOPMENTS • "Tobacco Strategy Emerges as Legislative Smoke Clears," p. 6. OTHER DEVELOPMENTS/MEDIA COVERAGE. • The Centers for Disease Control launch a SIDS study, p. 6. •"Jailed Pastor Fears Inmates Blame Him for. Butt Ban," p. 12. Decision in1avor~ of defendant in Burswood case in Australia, p: 10. Cameron v: Qantas is dismissed in Australia, p. 1 U. OTHER DEVELOPMENTSIMEDU# COVERAGE • Antismoking group in Australia to publish smoke-free restaurant guide, p. 12. • BASP issues new ETS Booklet in connection~ with the EC's Europe Against Cancer~ Programme, p. 12. 2024702501

- TABLE OF CONTENTS - Issue 56 September 24, 1993 IN THE UNITED STATES REGULATORY'AND LEGISLATIVE MATTERS ULS. O'CCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSI"IA). [i1!] Dear Nominated as Assistant Secretary in Charge of OSH;A ................................................... 1 [2) OSHA Prepares Enforcement Policy for TB Exposure ........................................................--.. 1 U.S. DEPARTMENT OF I!'1FAI_TH'. AND I'IuMAN SERVICES (HHS) [L3] HHS Establishes Goals on Smoke-frce Environments ............................................................. 2 U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) [4] ETS RiskAuessment Liiigation.r Plaintiffs File Brief in Opposition to Motion to Dismiss .............. 2 [5] IAQCommittee Reviews EPA Indoor Air Research Program .................................................. 2 103D CONGRESS [6] Appropriations Measure Moves Into Conference Committee .................................................. 3' STATE AND LOCAL GOVERNMENTS. [7] NCI Publishes List of Loca]ISmoking Regulations ................................................................... 3 [8] ETS-Related State and Local Legisl'aoivc Activities ...................................................................,4' ETS-RELATED LITIGATION AGAINST CIGARETTE MANUFACTURERS [9] Blanchard: Hcaring on Motions,to Transfer Venue and to Strike Held ................................... 4 [10] Broin: Court ofAppeal Denies Petition forRehearing; CEO Depositions Bcing Scheduled ......... 5 [I 1] Butlir: Plaintiffs' Motion for Protective Order Denied ............................................................ 5 [121 Voth: Petition for Writ of Mandamus Denied ......................................................................... 5 ETS/IAQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS WORKPIACE:IAQl~UN7ON' REPRPSEN'rAT1ON', [13] EastJaekson Public School Districr; East Jack'son Education Association v. Knoke, 1993 Mich. App: LEXIS 347 (Couro of Appeals, Michigan) (decided May 26, 1993) ............. 6 PRISONER CA:SE:'. R1GHT TO SMOKE [1i4] Rodriguez v. Pearce, 1993 U.S. App. LEXIS 23385 (U.S, Court of Appealk„ Ninth Circuit) (decided September 10, 1993) ......................................................................... 6 LEGAL ISSUES AND DEVELOPMENTS [I1I5] "Tobacco Strategy Emerges as,Legislative Smoke Clears," J. Matthews, Sacramento Bee, September 14, 1993 ....................................................................................... 6 OTHER DEVELOPMENTS [16) CDC Launches SI Million SIDS Stud'y .................................................................................. 6. [17] Sunroom Sales Increase to Ptovidc Smoking Shelters ............................................................-7 MEDIA COVERAGE [18] "G1ov.ing over the Cigarette Tax," A. Reid, The Boston Globe, September 12, 1993 .................... 7' [191 "The Smoke-Frce Workplace," CNN Managing mirh Lou Dobbs, Scptembcr 11, 1993 ............... 7' SCIENTIFI CITECHhTICAI. ITEMS CARDIOVASCULAR ISSUES [20] "Heart Disease and the Environment," S.A. Glantz„Journal of the American Collegc o,fCardrology 27 (6): 1473-1474„ 1993 [See Appendix A] ............................................. 7 OTHER HEALTH ISSUES [21] "Cigarette Smoke - Radiation Harsrd,."'G.D.,Evans, Ptdiatrics 92(3):,464-465, 1993 [See Appendix A] .................................................................................................... ....... 7 [22] "'Parental Cigarette Smoking and Tonsillectomy in Children," A.E. Hincon4 R.C.D. Herdman; D. Martin.Hirsch, and S.R. Saccd, Clinical Otolaryngology 18: 178-180„ 1993 [See Appendix A] .................................................. 7 z02470z502

Contents Continued, Issue 56 ETS EXPOSURE AND MONITORING [23]I "Validation of ETS Exposure in a Representative Population in Southern Gcrmany;" W.-D. Heller, E. Senncwald~ Ji-G. Gostomzyk, G. Scherer„and F. Ad[kofer, ProceedingJ of/ndoorAir 93 3: 361-365, 1993 [See Appendix A] ................... ................. 8 [24,] "Environmental Tobacco Smoke Concentrations in No•Smoking and Smoking Sections of Restaurants," W.E. Lambert, J.M. Sameo, and J.D. Spangler, American Jburnal'ofPu6lic Healrh 83: 1339-1341, 1993' [Sec Appendix A] ............................. 8'. [25] "Temporal Variability of Benzene Exposures for Residents in Sevcral New Jersey Homes with Attached Garagcs or Tobacco Smoke," K.W. Thomas, E.D. Pellizzari; C.A. Gayton, R.L. Perrirt, R.N. Dictz, R.W. Goodrich, W.C. Nelson, and L.A. Wallace, Jourrtal ofExporure Analysis and Environmental Epudemiolagy 3(1): 49-73', 1993 [See Appendix A] ........................................................................................ 8 INDOOR AIR QUALITY [26] "The Helsinki Office Environment Study: The Type oflVentilation System and the'Sick Building Syndrome,"' J.J.K. Jaakkola; P. Micttinen, P. Tuomaala, and O. Seppanen, Rroceedings oflruloor Air 93 1: 285-290, 1993 [See Appendix A]', ......................,8 [27] "The Impact of Building Management Strategies on Occupant Perception of Indoor Air Quality," E.N. Light, M. Tyson, F.J. Sisson„and'R.D. Gay, Proceedings oflndoorAir 23'6: 563-568, 1993 [See Appendix A]I ............................................ 8 [28] "How Much Does Environmental Tobacco Smoke Contribute to the Building Symptom Ind'ex?'" A. Raynal, P.S. Burge, A. Robertson, M. Jarvis„M. Archibald, and D. Hawkin, Proceedings of/ndoor Air '93 1: 529-534,:1'993 [See Appendix A] .................. 8 SMOKING POLICIES AND RELATED ISSUES [29] "Lower Levels of Cigarette Consumption Found in Smokc-Frce Workplaces in California," T.Jk WoodrufPs B. Rosbrook„J. Picrcc„and SA. Glantz, Archiuts oflnternal Medicine 153: 1485-1493, 1993 [See Appendix A] ................................... 9 STATISTICS AND RISK ASSESSMENT [30] "An Enforccable Indoor Air Quality Standard for Environmental Tobacco Smoke in the Workplace,"' J.L. Repace and'A.H. Lowrty„Ri.ik Analysis 13(4): 463-475, 1i993 ............ 9 [3'1i]I "Publication Bias and Public Policy," L. Bero and D. Rennic, abstract presented at the Second International Congress on Peer Review in Biomedical Publication, American Medical Association, Chicago, Illinois, September 9-11i, 1993 [Sec Appendix A]' .................................................................................................... ................ 9 1 IN EUROPE & AROUND THE WORLD REGULATORY AND LEGISLATIVE MATTERS A.USTRALIA. [32] Train Smoking Ban is Extended .............................................................................................. 9, BELGIUhd. [33] Smoking Restrictions Not Being Enforced ...............°............._........-....._.._...........---.......---... 10 CANADA [34] Tobacco Companies Challenge Cigarette Pack Warning Regulations .................................... 10 HONG KONG [351 CouncillEndorses Restaurant Nonsmoking Signs .................................................................. 10 PHILIPPINES [36]1 Smoking Banned in Public Places in Rizal ............................................................................. 10 SOUTH ~ KORFa [37]! Health Authorities to Introduce Smoking Ban Legislation .................................................... 10 UNITED ARABEMIRATES[38] Council Committee Recommends Smoking Bans .....................................................•...•...---• 10, 2024"702iO:3

Contents Continued, Issue 56 ETS-RELATED LITIGATION NOT INVOLVING CIGARETTE MANUFACTURES AUSTRALIA [39] Department of Otcupational Hralth and Safety v. Burswood Rrsorr (Management) Ltd. (Magistrate's Court, Perth) (decided September 17, 1993)',•••-.•-••••-•••••••••••••..-•.-••••--•••••••• 10 [I40] Cameron v. QGntasArruays Limitrd(FederaliCourt, New South Wales) (filed April 7, 1993) ........................................................................................--.......... .......... 1 1 LEGAL ISSUES AND DEVELOPMENTS UNITED KINGDOM [41] Study Focuses Upon Workplace Smoking Policies ...............................•-•••••••..•.•••••-•••••••.••-••. li1 OTHER DEVELOPMENTS AUSTRALIA[42] Cancer Council Survey at Odds with Rcsraurateur Pcrccptions ............................................. 1 1. [43] Antismoking Group to Publish Smoke-Frcc RestauranrList ................... .............................. 12 [44] Smokers Ignore Shopping Center Smoking,Ban .............................................................•-•••.• 12 EURO['EAN'. COMMUNITY[45] BASP Publishes New ETS Booklet .................................................--......................_........_..... 12 UNITED KINGDOM [46] Survcy Addresses Smoking in Pubs ...............................................--....................................... 12 [47]I Nonsmoking Rental Cars,tntroduced' .................................................................................... 12 MEDIA COVERAGE CANADA [48] "Jailed Pastor Fears Inmates Blame Him for Butt Ban," The Vancouver Sun, Septembcr 8„ 1993 ......................... ....................................................... 1 2 HONG KONG [49] "Why Keeping Cool Makes You III," South Ch'ina Morning,Post, September 5, 1993 ................................................... ............................................................. ,13 APPENDIX A .................................................................................................... ............................. Article Summaries.

SEPTEMBER 24, 1993 1 REPORT ON~~ RECENT ETS AND IAQ DEV ELOPMENTS IN THE UIh1ITED STATES REGULATORYA.Ir1'D LEGISLATNE MATTE+RS U.S. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA). [1] Dear Nbminated as Assistant Secretary in Charge of OSHA Joseph Dear was nominated on September 7, 1993, ass assistant secretary in charge of OSHA Although his nomination is evidently not expected to face serious opposition, it is u.nknown when he will be confirmed by the Senate and assume his duties. OSHA has been without an administrator since President Clinton took office in January 1993. Dear was former Director of Washington state's Department of Labor and Industries. He has served as a consultant to OSHA since Aprili 1993. Dear currently serves on a committee formed by Labor Secretary Robert Reich, to:analyze proposed OSHA reform legislation andi develop the Clinton administration's position. Meanwhile, the House subcommittee that is conduct- ing hearings on OSHA reform legislation (H.R. 1280)4 will reponedly not invite the Clinton administration to present further testimony on the measure until Dear is confirmed. The subcommittee on Labor Standards, Occupational Health and Safety of the House Education and Labor Committee will apparently resume hearings on September 28„ 1993, with panels representing labor unions and states that conduct their own job safety and health programs. See BNA Daily Labor Rcport; Septem- ber 14, 1993. [2] OSHA Prepares Enforcement Policy for TB Exposure According to a press report, OSHA has circulated an eight-page draft memo that sets forth the agency's enforcement~ policy and procedures for inspecting workplaces for occupational exposure to tuberculosis (TB), A number of labor unions petitioned OSHA in. August 1993' to develop such a policy. See issue 54 of this Report, August 27, 1993. The policy, which is apparently being,issuedg partly in response to the petition,,will reportedly become effective immediately upon receipt of the memo by regional administrators. OSHA will apparently use the general duty clause of the Occupational Safety and Health Act to cite em- ployers who expose their workers to the hazard of TB infectiom The general duty clause requires that em- ployers provide a place of employment that is free from recognized' hazards that may cause death or serious physical harm to workers. OSHA will also rely upon its personal protective equipment regulation~ to cite employers who fail to provide adequate respirator protection to employees in particular circumstances. Dnspections for TB exposure will reportedly be conducted in response to worker complaints or as part of an industrial hygiene inspection~ in places such ass health care facilities, correctional institutions, homeless shelters, long-term care facilities and drug,treatment centers. Among the measures OSHA recommends for hazard abatement are (i) ~ medical screening; (ii) 1 impos- ing,work restrictions on infectious workers; (iii) using respiratory isolation rooms for individuals with sus- pecte&or confirmed TB; and~ (iv) engineering controls, such as local exhaust and ultraviolet lights. Circumstances under which employees must, wear respirators are outlined in, the memo, as are the types of respirators that must be provided. OSHA will also reportedly require employers to use a workplace injury and illness log to record the incidence of active and latent TB among workers in~high-risk settings. See Occupational Safety d' Health Rcponer, September 8, 1993. 2024702505

2 U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS) [3] HHS Establishes Goals on Smoke-free Environ- ments On September 15, 1993, HHS released its annual report on the nation's health: Health, United States, 12P2: In the report HHS states, "Passive or involun- tary smoking also causes disease, including lung cancer in healthy nonsmokers and respiratory problems in young children and infants." The report provides statistics on~the number of workplaces and ed'ucationall institutions with smoking,restrictions or bans and on the number of states with "clean indoor air" legislation regulating smoking. Also, as part of HHS's °Healthy' People 2000" program, the report contains a series of health objectives, some of which relate to ETS. According to HHS, policies which prohibit or restrict smoking in the workplace have increased from 27 percent of worksites with 50 or, more employees in 1985 to 59 percent in ~ 1992. HHS has established the goal of increasing the number of worksites banning or "severely"'restricting smoking,to 75 percent by the year 20001 Some 17 percenr of schools were "tobacco free" in 1988; and'HHS hopes to increase the number of "to- bacco free" schools to 100 percent in ~ the next seven years. HHS reports that, in 199'1i, 44 states had laws restricting smoking in public places, 35 states had! laws restricting smoking in public workplaces, and 16 states had laws regulating smoking in private and public workplaces. The goal that HHS has established in this regard is for the enactment, in all 501states, of "com- prehensive laws on clean indoor air that prohibit or strictly limit smoking in the workplace and enclosed public places (induding health, care facilities, schools, and public transportation)'." U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) [4] ETS Risk Assessment Litigation: Plaintiffs File Brief in Opposition to Motion to Dismiss In a 50-page brief opposing the motion to dismiss filed by the EPA and its administrator, Carol Browner, plaintiffs refute the procedural arguments in EPA's motion to dismiss. ` An administrative decision so ETS/1AQ REPORT, ISSUE 56 deliberately taken„widi such attendant formality, with such widespread and practical effect upon millions of American farmers and workers, in such lawless disre- gard of statutory and regulatory authority, cannot evade judicial review," the brief states, "To deny review would effectively give EPA powers far beyond those permissible under our system of separation of powers and would perpetuate a patent injustice." The brief was filed on September 20, 1993. EPA's motion to dismiss contends that the court has no jurisdiction over the subject matter of the action and that relief cannot be granted on, plaintiffs' due process claim, In opposition, plaintiffs argue: • EPA's,deeision to designate ETSunder the agency's carcinogen classification scheme is "final agency action" within the meaning of the Administrative Procedure Act and is ripe for judiciallreview; and • The complaint states a viable due process claim that, contrary to EPA's arguments, is not out- weighed by the agency's interest in public health. Plaintiffs' complaint seeks a declaration that EPA's decisioni to designate ETS a Group A carcinogen, together with the risk assessment on which, the decision is based, is unauthorized, arbitrary and capricious, violates procedures required by law, and amounts to a denial of due process. Plaintiffs also seek a permanent injunction, requiring EPA to witlidraw the Group A designation and the underlying risk assessment. Flue- Cured Tobacco Cooperatzve Stabilizntion Corporation, et aL, v. EPA, No. 6:93CV370! (U.S. District Court, Middle District„North Carolina) (filed June 22, 1993). [I5] IAQCommittee Reviews EPA Ind!oor Air Research Program Environmental tobacco smoke was one of the topics discussed at EPA's Indoor Air Quality/Totall Human Exposure Committee meeting on September 8-9, 1993, in North Carolina: The purpose of the meeting was to review the EPA's indoor, air research program. Highlights of the meeting includ'ed the following: • The deputy director, of the Environmental Criteria and Assessment Office characterized the EPA Risk Assessment on ETS as one of the most important public health documents to come out of the federal government. 6 2()24 : ~j2 5 a0

SEPTEMBER 24, 1993 • When the environmental futures project was discussed!, committee members volunteered to take part in the project and began to list "environmental drivers" for IAQ and human exposure issues. Among those "drivers" listed! was ETS, with a notation that tobacco should be banned within twenty years. • Committee members questioned EPA staff about how the agency picks the sources upon whi& to perform testing. According to the staff, the EPA performed a literature search and, of the 22 indoor: air constituents the EPA was able to identify, fiingi4 bacteria and dust mites came out at the top of the list. • Bob Axelrad, director of the EPA's Iind'oor Air Division, distributed the EPA publication "Second- hand Smoke What You Can Do About Secondhand Smoke As Parents, Decisionmakers, and' Building Occupants" during his presentation. He also advised committee members that even where the EPA does not know everything about, a particular indoor air constituent, the agency can tell people to minimize exposures. • During the briefing about energy costs and other economic issues, the committee was told of a BOMA survey which found that most tenants who moved from one location to another listed HVAC problems as their greatest source of dissatisfaction. Also during,this briefing, when the source and accuracy of the EPA's productivity figures were found to be questionable, committee members cautioned the EPA staff to make sure that the figures they use are defensible. Committee members were briefed during the meeting, on various aspects of EPA's indoor air research pro- gram. Presentations were made on the five EPA IAQ research areas, i.e., source characterizations exposure assessment, health effects, risk assessment and! solutions research. Also discussed were a new environmental futures project; the Building Assessment Survey and Evaluation program (BASE), an IAQ survey of office buildings; lead-based paint research; and the efforts of the Indoor Air Division to characterize the relation- ships between energy cost and building IAQ and other economic issues. Prior to the meeting, the committee was charged with reviewing the program's ability to: (i) address the most 3 important scientific questions involving lAQ (ii) provide scientific and technical support to the EPA's program offices and regions; (iii) promote private sector involvement in indoor air research; and (iv) support EPA's leadership ~ role in IAQ research. The IAQTHEC was also charged with; reviewing whether the EPA's Indoor Air Issue Plan projects are commen- surate with these goals and whether the Plan provides adequate intra- and inter,agency cooperation. See Federal Register, August: 31, 1993. During the meeting, the IAQTHEC was asked to add four questions to its charge. They were as follows: (i) whether the Issue Plan format is appropriate; (ii) whether the funding is adequate for the overall IAQ issue; (iii)iwhether funds have been appropriately distributed between the five areas of IAQ research; and (iv) whether the EPA should include the preparation of criteria-like documents for IAQ constituents. Committee members were asked to submit their comments on each of the above eight questions within three weeks following the meeting. The comments will be edited and presented to the EPA's Science Advisory Board executive committee to consider, during itss meeting scheduled for October 26-27, 1993. 103D CONGRESS [6] Appropriations Measure Moves Into Conference Committee The House appropriations bill (H.R. 2403), to which Senator Frank Lautenberg (D-N.J.) successfully append'ed'his PRO-FEDS legislation, was considered briefly on the House floor on September 9; 1993: There was no discussion of the PRO-FEDS amend- ment; the measure was sent~ to the conference commit- tee with instruction on other provisions of the bill, and conferees were appointed. The PRO~FEDS amend, ment would restrict smoking in federal buildings to areaswitLseparate ventilationL STATE AND LOCAL GOVERNMENTS [7] NCI Publishes List of Local Smoking Regula- tions The National Cancer Institute (NCI) has reportedly published a monograph listing the restrictions and bans 2024702"507

4 on smoking in restaurants and workplaces imposed by cities and towns across the nation. The monograph,, entitled Major Local Tobacco Control Ordinances in the United States; apparently covers 505 local ordinances that address smoking in restaurants and 400 ordinances it claims bans smoking in the workplace. See Indoor Pollution News, September 17, 1993. [8] ETS-Related'State and Local Legislative Activities • California On September 7, 1993, Governor Pete Wilson (R) signed into law a bill that prohibits smoking during the hours of operation of a private residence that is licensed'as. a family day care home. The law also prohibits smoking on the premises of any child' d'ay care center. The law goes into eff'ect January 1, 1994. SeeA.B: 615, Reg., Sess. (1993-94) and Sacramento Bee,,September 9, 1'993. Awaiting,the Governor's signature is A.B. 291, a bill that would prohibit smoking in a state-owned or - leased building, within five feet from the main exit or entrance of such a building, or in a state-owned vehicle. SeeA.B. 291, Reg. Sess. (1993-94). • Local Governments in California Huntington Park. The mayor, a councilman, the city attorney and members of the Chamber of Commerce are reportedly forming a committee to draft an ordi~ nance restricting smoking in public workplaces. A news report oni formation of the committee claims the antismoking movemenn has "picked up steam"'since release of the EPA Risk Assessment on ETS. See Los Angeles Tzmes; September 12, 1993. Santa Ana. Tfie City Council unanimously approved an ordinance prohibiting smoking in the 22 buildings owned, leased or used by the city. The ordinance affects 1,400 employees. A county H'ealth Care Agent reportedly said that "a lot of cities are becoming proactive in eliminating the smoke in their workplaces" since the release of the EPA Risk Assessment on ETS. See Los Angeles Times, September 8, 1993. R?estHollywood. The City Councillgave finaliapproval to a measure banning smoking in restaurants, except bars and' outdoor, eating areas. Sce The Los Angeles Times, September 9, 1993. • Local Governments in Louisiana St. Charks Parish. An ordinance under, consideration that would have banned smoking in stores, restaurants ETS/IAQ REPORT, ISSUE 56 and other public places reportedly failed'to meet a state- imposed deadline. The state gave local governments until September, 1, 1'993, to adopt stricter regulations than State of Louisiana, whichiallows businesses to set aside smoking areas for customers. St. Charles pari'shh currently prohibits smoking in some areas of public buildings. See The Times-Picayune, September, 9, 1993: • Local Governments in Maryland Howard County. According to a news report, County Executive Charles Ecker has for the second time vetoed:an antismoking bill that would have prohibited smoking,in nearly all public places except in sPlf-enclosed and! sepa- rately-ventilated bar areas of restaurants. Ecker opposes the exemption and was quoted to say, "I am concerned about the bartenders, waiters and waitresses who:will have to work in those smoking areas." Unless four of the five council members vote to override the veto, it will stand. See Baltimore Morning Sun; September 14, 1993: Talbot County: A petition drive has been initiated in opposition to am antismoking ordinance passed! on August 10, 1993, by the County Council. The ordi- nance prohibits smoking in most public places and common work areas. Bars, bowling alleys, pool halls, private clubs and hotell rooms are exempt. See Baltimore Morning Sun, August 28, 1993. • Local Governments in Texas I'lano. The City Council is reported to~have recently listened to a presentation by city health officials and expressed': its support for stronger smoking restrictions in public places such as restaurants, shopping centers„stores, schools and city buildings. An advisor to the city, Dr. Bill Swicegood~ urged immediate action. Citing the EPA Risk Assessment on ETS, he reportedly said, "The ordinance we have is good, but it's not as visionary as it once was because all our new data ... shows that secondhand smoke causes up to 50;000 deaths a year." See The Dallas Morning News, September 11, 1993. ETS-RELATED LITIGATION AGAINST CIGARETTE MANUFACTURERS [9] Blanchard Hearing on Motions to Transfer Venue and to Strike Held At a:hearing on September 13, 1993, Judge Roy Engelke took under advisement defendants' motions to 2024"70 25(l 8

SEPTEMBER24', 1993' strike and! to transfer venue. As previously reportedi the motions contended, that (i) the Galveston Counry; Texas, venue is improper because plaintiffs' causes of action did not accrue there; (ii) the claims asserted on behalf of the various plaintiffs did not arise out of the same transactions or occurrences; (iii) plaintiffs did not seek leave of court before filing their supplementaliand amended petitions, which added new parties to the case; and (iv) the petitions are improper attempts at forum-shopping. Three of the 14 plaintiffs im this case presently allege injury from exposure to ETS. Raye Blanchard and Tamara Reed, mother and daughter, both claim d'amages for unspecified'"illness and disease" allegedly resulting from exposure to the ETS from cigarettes smoked by Raye's deceased husband, Thomas, and by Raye herself, who claims she smoked "for about ten years." The third ETS plaintiff„Pamela Kastrin Stephens, claims unspecified "lung and respiratory diseases" allegedly caused by exposure to the ETS from~ the cigarettes smoked by her deceased father. The named defendants are purported to be the six major U.S. cigarette manufacturers, The Tobacco Institute, the Council for Tobacco Research, and'a number of wholesalers and retailers. B/anchard, et al., v. R.J.Rrynoa Tobacco Company, et al. (Districn Court, Galveston County, Texas) (filed July 31, 1992)'. [10], Broirr. Court of Appeal Denies Petition for Rehearing; CEO Depositions Being Scheduled, On September 14, 1993, the Third District of the Court of Appeal of Florida denied rehearing and cenification to the Florida Supreme Court on a petition, for writ of certiorari filed after the trial court denied motions to quash deposition notices served on senior executives of six d'efendants. Ini its ruling, the Court also vacated a stay of the deposition notices that it had granted on June 11. The day after the appellate court's ruling, plaintiffs noticed the depositions of executives of Philip Morris, RJ. Reynolds, Lorillard and Liggett. They are presently scheduled'to begin on October 111. The Court of Appeal first denied the petition for writ of ceroiorari' on May 27. At issue in this case are the claims of 28 flight atten- dants allegedly injured by occupational exposure to ETS. In addicions the husband of one of the flight 55 attendants claims loss of consortium. The attendants purport to represent a class of approximately 60,000 other attendants. Injuries alleged by the putative class representatives indude lung cancer~, breast cancer and unspecified respiratory ailments. Plaintiffs further allege that occupational exposure to ETS on board aircraft causes at least 22 diseases and a! reasonable fear of contracting such diseases. The defendants include the six major U.S. cigarette manufacturers (plus related entities), UST, Inc., United States Tobacco Company, Dosal Tobacco Corp:, the Council for Tobacco Research, The Tobacco Institute, and'three trade associations. Broin, et al, v. Philip Morris, et al.(Circuit Court, Dade County, Florida) (filedl October 31, 1991). [11] Butler. Plaintiffs' Motion for Protective Order Denied Oni September 10, 1993, Judge Gibbs denied plain- tiffs' motion for protective order regarding defendants" deposition notice for plaintiff Ava Dean: Butler. Plaintiffs contend that Burl Butler, a barber im Laurel, Mississippi, developed lung cancer~ as a result of his exposure to environmental tobacco smoke. The defen- dants in this case consist of the six major U.S. cigarette manufacturers and several local retailers. Butlrr v. RJ:. Rrynalds Tobacco Company, etal. (Circuit Court, Hinds County, Mississippi) (filed October 21, 1992). [12] T!oth: Petition for Writ of Mandamus Denied On September 8, 1993, the Ninth Circuit Court of Appeals denied per curiam plaintiff s petition~ for writ of mandamus. Plaintiff had asked the court to direct U.S. District Judge Robert Jones to: disqualify himself from~ the case because of bias. The Ninth Circuit's order directs the plaintiff not to file any motions for reconsideration, rehearing, clarif cation, stay of the mandate, or any other submissions in the matter. The panel was composed of Judges Betty Fletcher, Cecil Poole and Diarmuid O'Scannlain. Frank Voth, who is incarcerated im the Oregon State Penitentiary, alleges that his civil rights have been violated as a result of his exposure to environmental tobacco smoke. He also claims that he has "incurred permanent health damage and is at risk of death" as a result of ETS exposure. Defendants in uoth are Forsyth 2024'7(12'509