POLL: 72 PERCENT OF ST. LOUIS COUNTY VOTERS  SUPPORT STRONGER SMOKE-FREE LAW

A new poll released today demonstrates overwhelming support across St. Louis County for a stronger and comprehensive smoke-free workplace law. 

An astounding 72% of likely St. Louis County voters support making all bars, restaurants, casinos, and other workplaces 100% smoke-free.  Moreover, nearly two-thirds (64%) strongly favor such a law and support is strong across all party and demographic groups.

Additionally, when voters are informed about the current county law and asked specifically about including bars and casinos there is still very strong support with 65% favoring strengthening the current law, while only 33% oppose it. 

71% believe the current law creates an unlevel playing field and there should be a countywide law that makes all bars and restaurants smoke-free.

The St. Louis County "Indoor Clean Air Code" has been in effect since January 1, 2011 and includes workplaces and restaurants but has various loopholes that have allowed some businesses to be exempt including casinos, some bars, bar & grills, banquet halls, and bowling alleys.

The countywide survey of 400 likely voters was conducted in late June by the national polling firm, The Mellman Group and released by the American Cancer Society.

Polling Results Memo HERE

Smoke-Free in Kansas and Kansas City
This week a new economic impact study came out regarding Kansas City's smoke-free law that has been in effect for over 2 years.   The data laid out in this report clearly shows there was no significant change in sales tax data before and after the law -- the only unbiased means to measure impact of a smoke-free law.  Read the full study here

In addition, the Kansas City Star newspaper has a strong editorial in support of smoke-free air laws (see below).

Kansas City Star Editorial: Snuffing out criticism of smoke-free laws
January 24, 2011

Several new reports include crucial and refreshing facts about local smoking bans. They dramatically clean up the air -- without financially damaging bars and restaurants that once allowed people to puff away.

These conclusions illustrate why it's essential that state legislators in Jefferson City finally pass a smoke-free law similar to the one Kansas approved in 2010. (Meanwhile, any Kansas legislators thinking about trying to repeal that new law should drop that effort.)

Also, it is time for elected leaders in Blue Springs, Raytown, Grandview and a handful of other Missouri-side cities to pass their own strict bans. One new study showed that the air pollution level in eight restaurants that allow smoking in Raytown was "five times higher than safe annual levels" established by the Environmental Protection Agency.

The studies recently released by the Health Care Foundation of Kansas City show:

•Smoke-free laws have created healthier workplaces for employees of bars and restaurants, as well as for their customers. Kansas' new ban slashed indoor air particle pollution from cigarettes by 94 percent in two dozen bars and restaurants. The reduction of smoke in workplaces could result in fewer health problems and cut future medical bills for many people.

•Smoke-free laws have not economically harmed bars or restaurants. In fact, one of the new studies established that the tough ordinance Kansas City voters approved in 2008 "had no statistically significant impact on taxable sales in eating and drinking establishments."

These reports provide compelling evidence that Kansas City voters acted wisely in endorsing their new smoke-free ordinance, despite concerns from critics at the time.

The studies also make it clear that a similar law in Missouri would clear the air in thousands of bars and restaurants across the state without harming their ability to stay in business.

On January 2, 2011, both St. Louis City and St. Louis County implemented their respective smoke-free laws, below is information regarding what each actually covers (not everything!) and how to get information on filing complaints for violations and a list of places that are exempted.

If you encounter an issue or need additional information please contact us at smokefreestl@gmail.com

St. Louis County
Law covers:
restaurants, billiard halls, bingo halls, bowling alleys, child & adult daycare facilities, city/county owned buildings & vehicles, convention facilities, educational facilities, public building elevators, health care facilities, libraries, museums, other enclosed public places & workplaces not defined, restrooms in public buildings, shopping malls, sports arenas, taxi cabs, limos, buses, theaters, vehicles of public transportation.

Law does NOT cover:
 1) "drinking establishments" that sell 25% or less of their revenue for food; list of exempted places here 
 2) casinos
 3) retail tobacco stores (with 60% or more from sale of tobacco)
 4) cigar bars
 5) outdoor dining areas
 6) private clubs (not exempt when open to the public)
 7) private residences not serving as a place of employment
 8) 20% of hotel/motel rooms (if designated)

Note: The drinking establishment and cigar bar exemption states smoke must not infiltrate into areas otherwise prohibited by the ordinance.

To report a violation (enforcement is primarily complaint driven): http://www.stlouisco.com/HealthandWellness/EnvironmentalServices/IndoorCleanAirCodeComplaintForm.aspx 

Additional Information from the St. Louis County Department of Health website:  http://www.stlouisco.com/HealthandWellness/IndoorCleanAirCode

St. Louis City
Law Covers:
restaurants, billiard halls, bingo halls, private and semi-private rooms of nursing homes, child & adult daycare facilities, city/county owned buildings & vehicles, convention facilities, educational facilities, public building elevators, health care facilities, libraries, museums, other enclosed public places & workplaces not defined, restrooms in public buildings, shopping malls, sports arenas, taxi cabs, limos, buses, theaters, vehicles of public transportation.

Law does NOT cover:
 1) bars that sell 25% or less of their revenue for food AND are 2,000 square feet or less (minus kitchen, storage and restroom areas) *exemption expires in Jan 2015
 2) casino gaming floors
 3) retail tobacco stores (with 50% or more from sale of tobacco)
 4) outdoor dining and employment areas
 5) private clubs (not exempt when open to the public)
 6) private residences not serving as a daycare or healthcare facility
 7) 20% of hotel/motel rooms (if designated)

To report a violation, contact the Citizens Service Bureau at (314) 622-4800 or via Twitter @stlcsb

Full copy of the ordinance here

Today's Post-Dispatch features an editorial regarding the recent U.S. Surgeon General's report, the region's soon-to-be-enacted smoke-free laws and the unraveling of years of tobacco industry influence in St. Louis.  This recent surgeon general's report makes it clear, once again, that there is no such thing as a safe cigarette and no such thing as a safe level of exposure to secondhand smoke for nonsmokers - stating, "any exposure to tobacco smoke -- even an occasional cigarette or exposure to second-hand tobacco smoke -- is harmful."

Editorial: Airport, and region, going smoke-free at last
St. Louis Post-Dispatch Editorial Board
Friday, December 10, 2010

In a single stroke this week, Mayor Francis Slay undid the work of generations of tobacco industry lobbyists and executives. He announced that Lambert-St. Louis International Airport will go smoke-free.

Beginning on Jan. 2, five glass-enclosed smoking lounges at the airport, built in response to behind-the-scenes pressure from the tobacco industry, will be closed.

That same day, smoking no longer will be allowed in most public places in St. Louis and St. Louis County. The vast majority of citizens who do not smoke finally will gain the right to breathe clean indoor air.

Just by coincidence, Mr. Slay's announcement came the same day U.S. Surgeon General Dr. Regina M. Benjamin released a new tobacco report, the 30th such surgeon general's report since 1964.

"There is no safe level of exposure to tobacco smoke," it reads in part. "Any exposure to tobacco smoke -- even an occasional cigarette or exposure to second-hand tobacco smoke -- is harmful."

The report details the pathology of tobacco-related disease, noting that chemicals in tobacco smoke damage DNA and cause nearly one-third of all cancer deaths in this country.

It quotes from the abundant scientific literature on how even low-level exposure causes "a rapid and sharp increase" in inflammation of the lining of blood vessels, which is linked to heart attack and stroke.

"Cigarettes were designed for addiction," the report says. No change in their design over the past 50 years -- not filters, "low-tar" formulations or the marketing of so-called light cigarettes -- has reduced the damage they do.

Expect to hear howls of protest about the new clean indoor air rules from smokers and tobacco industry apologists. They're operating from a playbook first crafted decades ago.

For Full Story, click HERE

Implementation Update:  St. Louis County
The St. Louis County Department of Health now has their smoke-free law implementation website up.  It includes FAQs and a link to a list of exempted bars so far.  http://www.stlouisco.com/doh/IndoorCleanAirCode/index.html

Here are some key FAQs from the site:

Q: When does St. Louis County go smoke-free?
A: Beginning at midnight on January 2, 2011, the Saint Louis County Indoor Clean Air Code prohibits smoking in all indoor workplaces and public places including restaurants and bars. A limited amount of exemptions are made in the Code for establishments that meet the criteria.

Q: How can I file a complaint?
A: Complaints can be filed with the St. Louis County Health Department. To file a complaint by phone, call 1-314-615-8900 during regular business hours. Click here to file a complaint electronically. (Link to PDF of Complaint Form) note: link isn't up yet

St. Louis City and St. Louis County Smoke-Free Law Implementation Date Nearing
Over a year after voters approved Proposition N in St. Louis County, we're finally nearing the implementation date for both St. Louis City and St. Louis County's smoke-free indoor air laws.  With only 3 weeks to go, details are emerging on how the laws will be enforced and how they're being interpreted by each government.  As we receive details on what places will be exempted, how to file complaints and other helpful information, we'll share them.

Other cities' examples show us when the public is readily informed, equipped with all the facts on the law and how it's enforced, implementation is a simple and hassle-free process.  We hope supporters in our area will do their best to help spread the word of the new law and work with local leaders to ensure a smooth transition.  January 2, 2011 can't come soon enough!

Update on St. Louis City & Square Footage Exemptions:

Tents to count as "enclosed space" for smoking ban exemptions
KWMU, 90.7 FM
 
ST. LOUIS (St. Louis Public Radio) - Bars in St. Louis that use tents to expand their seating area will have to include that space as they determine if they may be exempt from the city's smoking ban.

The Joint Board on Health and Hospitals on Thursday agreed with the health department's interpretation that tents should be considered enclosed spaces.

"If you have the potential to roll down the sides, it should be considered enclosed," said board member Will Ross, an associate dean at the Washington University School of Medicine.

John Vieluf, the general manager of Big Daddy's in Soulard, found the notion laughable.

"On the Wednesday before Thanksgiving, a big bar day, you know, it rained a lot," he said. "I was outside for two and a half hours pushing water off our patio that was coming through the tent. If water's coming in that much through the tent, it's not really enclosed. It was coming in everywhere."

Without the tents, Vieluf said, Big Daddy's would probably qualify for a five-year exemption from the ban, which is given to bars that make 75 percent or more of their revenue from selling alcohol and are smaller than 2,000 square feet. A ban on smoking would affect business at the bar, though he wasn't sure how much.

"We'll probably keep the tents up though," he said. "We still have the business, you know, on the weekends, and we can do private parties out there."

Interim city health director Pamela Rice Walker said including tents is the only way to be fair.

"You have one liquor license, you have one health permit, you're one facility," she said.

The ban in St. Louis County also includes exemptions for bars that make at least 75 percent of their money from alcohol, with no square footage limits. But Walker doesn't expect that distinction to cost city bars much business.

"Their ordinance includes some things like you have to be 15 feet from the door to smoke, which I think it going to impact patios, and ours does not have that," she said.

The health department will be sending bar owners a letter next week that includes the new rules - the ban takes effect January 2.

© Copyright 2010, St. Louis Public Radio

A recent Washington University School of Medicine study of secondhand smoke exposure in St. Louis bars and restaurants shows that ventilation systems do not protect patrons and employees from nicotine exposure.

The study monitored 20 bars and restaurants in the city of St. Louis and St. Louis County, 16 of which allowed indoor smoking. Seventy-eight employees provided hair samples and answered survey questions. Researchers also looked at airborne nicotine, which can only come from cigarette smoke, in each location.

Every venue had some level of nicotine in the air but those that allowed smoking had levels 31 times higher.  Venues with ventilation systems were shown to have higher nicotine concentrations in the air than other locations with similar numbers of smoking patrons. The researchers say this corroborates with the U.S. Surgeon General's statement that "cleaning the air and ventilating buildings cannot eliminate exposures of nonsmokers to secondhand smoke."

Nicotine was also found in the hair of employees in both smoke and smoke-free venues, and workers in both reported smoking-related symptoms, including coughing, shortness of breath and irritated eyes. In the long term, secondhand smoke causes cancer, heart disease and lung illness.

"Some of the effects of secondhand smoke on the cardiovascular system in nonsmokers are comparable to the effects of active smoking. These effects occur within a half hour of exposure," said study author Joaquin Barnoya, research assistant professor in the Department of Surgery at Washington University School of Medicine.

The study pokes a hole in one of the main arguments against smoking bans passed last year in the city of St. Louis and St. Louis County, which will go into effect Jan. 2, prohibiting smoking in enclosed public places.  Opponents argued that installing air filtration systems could eliminate the danger of secondhand smoke without reducing the rights of venue owners.

Bill Hannegan, founder of Keep St. Louis Free and a vocal opponent of the smoking ban, said he is "mystified by the results" of the Washington University study. He listed a number of reasons for these results, which he said go against everything he knows about air purification, his preferred term for ventilation systems.

He said that one problem with the results could be that in not knowing what restaurants were tested, we do not know what types of ventilation systems they use or how well they maintain their machines. Hannegan said that the study findings could be a result of restaurants not using their ventilation systems.  Many restaurants "don't turn on the machines unless people complain about the smoke," he said. Another reason could be that the ventilation systems are taking the toxic particles out of the air but leaving the nicotine behind.

In order to provide more results, Hannegan said he is trying to get together funds to do another study using the same tests as the Washington University findings. He noted that time is limited because there is only a "small window of opportunity before the smoking ban goes into effect."

He has found a location - the Double D Lounge in Brentwood - to conduct the new study.  Hannegan claimed it has twice the amount of ventilation recommended and the system is never turned off, while the machines are checked every four months rather than every six months, which is recommended.  Hannegan said that before installing the ventilation system, the staff at Double D Lounge would bring a change of clothes in plastic bags to change into at night because what they wore during their shifts would be saturated with smoke. With the system in place, it is no longer necessary.

Hannegan admitted that if his group's findings are the same as in the Washington University study, they'll concede - but he said he doubts that will happen. Ventilation systems have shown a huge improvement in the air quality of smoking restaurants, and testing a venue with what he believes to be the best system would corroborate that, he argued.

Sarah Moreland-Russell, a researcher who worked on the study, said that she  believes Hannegan's experiment would prove biased, given that just one, specifically selected venue would be chosen.

"[The Washington University] study was completed according to the rigor of scientific research," Moreland-Russell said. "Part of that rigor is to randomly select a representative sample to study in order for the results to be generalizable.

"If Bill Hannegan did complete the study in just the restaurant he has suggested, upfront the study would be biased, and subject to Hawthorne effect," meaning that the Double D Lounge could change its ventilation protocol during the length of the study to produce the desired effect, she said.

Less Than 2 Weeks Til City of Clayton Goes Smoke-Free!

On Thursday, July 1, all restaurants, bars and public places in the City of Clayton will be 100% smoke-free.  In addition, the entire campuses (inside and out) of Washington University and Fontbonne University will also go smoke-free on July 1. 

Below is more detailed information on the Clayton law from the City's website:

Effective July 1, 2010, Clayton will be smoke free. Last summer the city amended the 1988 ordinance that limited smoking in certain public areas.  The health of Clayton residents, the visitors who patronize Clayton businesses and the employees who work in the community was the motivation behind adopting the new smoking ban ordinance. Under the new ordinance, smoking will be prohibited in all enclosed public places with the following exceptions:

•    Private residences

•    Private clubs of non-profit organizations that do not allow the general public and do not allow "membership" upon payment of a nominal fee

•    Private or semi-private rooms in nursing homes and long-term care facilities

•    Retail establishments where more than 70 percent of sales includes tobacco and tobacco-related products

•    No more than 20 percent of Clayton hotel rooms

•    Outdoor public dining areas

•    Cigar bars in operation prior to the enactment of the ordinance.

Violation of the smoking ban is punishable by a fine of not more than $1,000 or incarceration of 90 days or less.

If you have questions or need additional information, call Clayton's Economic Developer Gary Carter at 314.290.8467.

Pageant To Go Smoke-Free
By Michele Munz
ST. LOUIS POST-DISPATCH
06/15/2010

The era when sex, drugs and rock 'n' roll went hand in hand are long gone. Not even cigarettes are allowed these days.

The Pageant announced Monday that it will be smoke-free as of July 1. The venue in the Delmar Loop is consistently ranked as one of the top concert clubs nationally and holds up to 2,300 people.

Joe Edwards, owner of the Pageant, said musicians, patrons and employees were demanding the change. About 80 percent of the bands he books request smoke-free shows, he said, "and that's a far cry from a decade ago. It shows how much the country's attitudes about smoking are changing."

With public smoking banned in 31 states, most rock bands request smoke-free shows when they arrive in states like Missouri with no such law, local venue owners said. In fact, St. Louis area concert venues have been quietly enacting their own smoking bans over the last few years.

Off Broadway in south St. Louis has been smoke-free for nearly three years, and Fubar in midtown St. Louis went smoke-free nearly two years ago. Smoking is permitted in designated outside areas at Verizon Wireless Amphitheater. At Scottrade Center, smoking is allowed in its bar and outside two of the entrances.

"Most bands on tour come from cities where smoking has already been banned in bars," said Fubar owner Robert Fancher. "When they come here, even being smokers, most are glad that we don't allow it in the venue."

A smoking ban in public places in St. Louis and St. Louis County takes effect Jan. 2. Casino floors, some hotel rooms, private clubs (mainly veterans and fraternal organizations) and tobacco stores are exempt. In the city, small bars -- less than 2,000 square feet where food sales are "incidental" to alcohol consumption -- have five years to comply with the ban; they are exempted in the county.

Edwards said with new stage curtains and sound equipment ready to install, he didn't want to wait for the city ban.

The Pageant had nearly 300 responses to its announcement on Facebook. While most praised the decision, many were not happy.

One commenter wrote: "What happened to the good old days when you could catch a live show in a smoky bar. ... Next thing you know the drink special will be a fruit smoothie."

Matthew Grueninger, 25, of Waterloo, wrote, "With this step forward I, for one, will certainly be attending more concerts and shows." He's looking forward to the Pink Floyd tribute show in December, he said.

Sunyatta Marshall, the lead singer of the recently disbanded local rock band Helium Tapes, said bands want smoke-free concerts for the same reasons as patrons and employees. They don't want to leave with stinky clothes, a burning throat and itchy eyes.

The venues that have gone smoke-free have a side bar, courtyard or lounge for their smoking patrons to light up. Owners of the Old Rock House and Firebird in St. Louis said they would go smoke-free, too, if they had similar areas for smokers to go.

At Firebird, 95 percent of the bands already request smoke-free shows, said co-owner Mike Cracchiolo. "Even in this scene, even in this culture, fewer people smoke."

The St. Charles County Council is unlikely to schedule an election on a countywide ban on smoking in enclosed public places until April 2011 at the earliest.

Councilwoman Cheryl Hibbeler, who has been urging the council to put the issue on the ballot this November, acknowledged Friday that probably won't happen - based on her discussions  so far with other council members.

 Unless there's a change of heart among her colleagues before the Aug. 24 deadline for putting issues on the November ballot, Hibbeler said, she'll switch gears and "will very aggressively pursue it for the April election."

Hibbeler, an O'Fallon Democrat,  is the only one of the seven council members who say now they'd support a November vote.

However, three of her colleagues support putting a smoking ban before voters sometime in 2011 -  Republicans Terry Hollander of St. Charles and Nancy Matheny of Weldon Spring and Democrat Jerry Daugherty of Portage des Sioux. That would be enough council votes to get the issue on the ballot, assuming they could agree on what to include in it.

That's also assuming that those supporters up for election themselves in November will be returned to office.  Hollander and Matheny are running unopposed but Hibbeler will have an opponent. Also opposed in November will be Republican John White of St. Charles County, who is undecided on whether to have a smoking ban election.

Agreement on what to include in a smoking ban proposition may not be a cinch. For example, Daugherty wants no exemptions in the bill - either for places that serve mainly food or for the Ameristar Casino.  Hibbeler has suggested exempting the casino, fearing that Ameristar would finance an ad campaign against a ban.

 Two other council members, Republicans Joe Brazil of Defiance and Paul Wynn of O'Fallon, oppose smoking bans as an unwarranted government intrusion on business owners' rights and oppose an election on the idea as well.

 White says if the council decides to schedule an election on smoking, he'd prefer next year instead of November.

 Hibbeler and leaders of an anti-smoking coalition had hoped St. Charles County could have a ban in place to go into effect in January, when smoking bans already are set to become law in St. Louis and across St. Louis County. Both the city and St. Louis County laws exempt casinos and taverns with relatively small amounts of food sales.

But other council members say it makes sense to hold off a decision in St. Charles County to see the initial effects of the St. Louis and St. Louis County bans and of a city prohibition set to go in effect Oct. 1 in Lake Saint Louis.

Kirkwood and Ballwin are now the only cities in St. Louis County with comprehensive bans; Clayton joins them next month.

As the Ladue News article below indicates, some establishments are choosing to go smoke-free (some even outside) BEFORE the Clayton law and St. Louis County law goes into effect. 

Ladue News:  Smoking Laws Clear the Air
Thursday, April 8, 2010
 
The days of making eye contact with an attractive stranger across a smoke-filled room are coming to an end, at least at local restaurants. By January 2011, the city of St. Louis and St. Louis County will begin enforcing smoke-free ordinances in most restaurants and bars. Some areas, including Clayton and Kirkwood, have already imposed bans or will start this year.

"Clayton's amended ordinance goes into effect July 1," says Judy Kekich, communications coordinator for the city. "Restaurants and bars will be smoke-free, except for designated outdoor dining areas." At first, some bar and restaurant owners were against an extended ban, worried that it would hurt business in a fragile economy. "But they've come around since the economy has shown signs of recovery," she says. "Our residents are overwhelmingly for it. In fact, 77 percent of responders in a resident survey want the ban."

Some owners decided not to wait for the ban to go into effect. "We've never allowed smoking in our dining room, and we finally banned it from the bar area in January," says Carmelo Gabriele, who co-owns Il Bel Lago in Creve Coeur with his brother, Frank. "Diners had complained about their experience being spoiled when they exited the restaurant through the smoky bar, and an increasing number of bar customers were saying it was too bad they couldn't enjoy a cocktail or listen to music in a smoke-free environment."

But a major reason for the decision was that he, his brother and their staff were tired of the smell. "We'd come in at 8:30 a.m., and the entire place would reek of it, even though we confined smoking to the bar," Gabriele recalls. "It was so bad, we'd sauté garlic in the middle of the dining room to get rid of the smell! So Frank and I started contemplating how much business we stood to lose by outlawing smoking."

Their calculated risk has paid off. "Believe it or not, our bar business is up 35 percent since we banned smoking," Gabriele says. "The word's getting out, and we're actually attracting new customers who want a smoke-free environment."

Another restaurant that has banned smoking before the law goes into effect is Paul Mineo's Trattoria at Westport Plaza, opened in 2007 by husband-and-wife team Paul and Brigitte Mineo. Brigitte Mineo has a personal reason for imposing the ban: "My husband, Paul, died last July after a brave battle with cancer," she explains. "We honestly thought he would live through it, so I wanted to create a healthy environment for him in the restaurant. When he didn't make it, I decided to ban smoking anyway, because it's the right thing to do for our employees and patrons."

So far, Mineo hasn't received a single complaint, even though she has extended the ban to the restaurant's outdoor patio area, even though it is not prohibited there by ordinance. "Customers thank me constantly--no one wants to spend money on a beautiful meal only to have it ruined by cigarette smoke. If anyone on the patio asks their server for an ashtray, I'll personally go to their table and explain why we've banned cigarettes. I don't think I'll get any arguments."

Robert Trevino, owner of Amigo's Cantina in Kirkwood, also has outlawed smoking both indoors and out. "Kirkwood's smoking ban went into effect Jan. 2, but Amigo's has been smoke-free from day one," he says. "It's a choice based on personal preference: As a customer, I always hated having lunch on a patio on a beautiful day and having somebody spoil it by blowing smoke in my face."

Amigo's has a more casual ambience than either Il Bel Lago and Paul Mineo's Trattoria and does a brisk bar business. And even though smoking and drinking often go hand in hand, Trevino says he hasn't had to deal with disgruntled patrons. "Are you kidding? They thank me! It's actually increased my business. People appreciate the chance to enjoy great food and fellowship in a healthy atmosphere."

There were lots of candidates and issues on the ballot yesterday in the St. Louis and St. Charles region - a very exciting election.  We'd like to highlight a few races of note for smoke-free supporters.

Lake Saint Louis
If you'll remember, just a few weeks ago, the Lake Saint Louis Board of Aldermen passed a comprehensive smoke-free law by a 4-2 vote.  We're pleased to announce that the ordinance sponsor and smoke-free supporter, Alderman John Pellerito won his re-election bid last night with 57% of the vote.  Alderman Ralph Sidebottom, a "yes" vote on smoke-free also won re-election with 80% of the vote.  However, their colleague, smoke-free opponent and a "no" vote on the ordinance, Alderwoman Charlotte Norton was not so lucky.  Norton lost her re-election bid to challenger Karen Vennard by a vote of 59% to 41%.

Kirkwood
There were 3 spots open for Kirkwood City Council in yesterday's at-large election.  One of five candidates running for a spot was Joe Toenjes, aka "Joe Kirkwood".  Toenjes was an adamant and vehement opponent of both the Kirkwood and St. Louis County smoke-free initiatives - even attempting a failed effort to place a competing proposal on the ballot in Kirkwood.  Yesterday's election results yielded a defeat for Toenjes' City Council bid with a 5th place finish and 11% of the vote.

History Repeating Itself
In 1978, the Tobacco Institute, a trade organization of cigarette manufacturers, commissioned a study of public opinions about smoking.  Excerpts from the study are below.  The most intriguing are the strategies the study recommends the tobacco industry use to combat the trend of "no smoking" laws.  Sadly, the proposed tactics in 1978 are those being used today by opponents in city council meetings,state legislative hearings and online postings over 30 years later. 

A Study of Public Attitudes Toward Cigarette Smoking, prepared for the Tobacco Institute (1978)

"Nearly six out of ten believe that smoking is hazardous to the non-smoker's health, up sharply over the last four years. More than two-thirds of non-smokers believe it, nearly half of all smokers believe it.  This we see as the most dangerous development to the viability of the tobacco industry that has yet occurred."

"But if the anti-smoking forces are successful in convincing non-smokers that their health is in danger, it's at least as likely that the sentiment for segregated facilities will be strengthened . And if segregated facilities do not accomplish the anti-smoking forces' desire of making segregated smoking so untenable that smokers will give it up, the next step could be an outright ban.  If nonsmokers are by then convinced that it's their health that is at stake, the present sentiment for separate facilities could become support for a total ban."

"The strategic and long run antidote to the passive smoking issue is, as we see it, developing and widely publicizing clear-cut, credible, medical evidence that passive smoking is not harmful to the non-smoker's health."

"While that should be the fundamental objective of the tobacco industry in our opinion, this study suggests that there are some short term tactical approaches that may slow the efforts of the anti-smoking forces and buy the industry the necessary time to develop what we see as the fundamental evidence needed to reverse the trend. But they are tactical and short term in character . Among these short range tactics are the following:

-Where outright bans on smokinq are proposed and appear likely of passage, the industry could propose separate facilities (as the lesser of two evils).

-Where New Jersey-type legislation appears to be a real possibility, the industry might propose that operators of restaurants, cabs and other public "institutions" be permitted to establish whatever smoking policy they desire--"Smoking permitted anywhere," "NO smoking permitted," "Separate facilities for smokers," or "Separate facilities for non-smokers"--but with the requirement that the smoking conditions that apply be posted outside the premises for the convenience and protection of smokers and non-smokers alike.

-Several questions in this study suggest that where there is substantial support for government action against cigarette smoking, there is a discernible decline of such support when people are made aware of the other government intrusions that might follow. "Where will it all end?" might be effective in blunting anti-smoking regulation.

-Another short range tactic is suggested by the question concerning "fumaphobes." The findings suggest that there is the possibility of dividing those who are relatively unexcited about the passive smoking issue from the anti-smoking zealots, by portraying these zealots as people with an unreasonable fear of cigarette smoking."

"The issue, as we see it, is no longer what the smoker does to himself, but what he does to others."

Congrats to those who supported the effort and worked hard to make it happen.
We applaud Lake Saint Louis for being a leader for health in St. Charles County!

ST. LOUIS POST-DISPATCH
By Mark Schlinkmann
03/16/2010

LAKE SAINT LOUIS -- Aldermen in Lake Saint Louis voted Monday night to ban smoking in bars, restaurants and other public places.

The measure, which was approved 4-2, would be the first smoke-free law in St. Charles County. The bill would take effect six months after it is signed by Mayor Mike Potter.

The sponsor, Alderman John Pellerito, said Potter has told him he would sign the ban despite his opposition to it.

Potter, who was out of town Monday and could not be reached for comment, has called a ban an infringement on the rights of business owners. He has until the board's next meeting April 5 to sign or veto the bill.

Pellerito said his bill would protect Lake Saint Louis residents and people who work in the city of about 14,000 "from the dangers of secondhand smoke." 

Pellerito, who tried unsuccessfully in 2007 for a smoking ban, began pushing the idea again last November. That was a few weeks after St. Louis County residents voted for a smoke-free plan that will take effect in January. A ban in St. Louis also will start then.

Practically speaking, the primary effect of the Lake Saint Louis ban would be on a handful of bars and restaurants that now allow smoking. Various other establishments and buildings already are smoke-free.

Unlike the St. Louis County ban, the Lake Saint Louis plan has no exemption for bars selling a small amount of food.

It would, however, exempt meeting places of nonprofit groups (mainly veterans and fraternal organizations) with no employees. Hotels and motels would be allowed to set aside up to 20 percent of rooms for smokers.

Lake Saint Louis now allows smoking only in establishments with smoking sections that have air purifier filtration systems. Critics say that doesn't keep smoke from wafting into nonsmoking areas.

Before passing the smoking ban Monday night, aldermen rejected delaying a vote until after residents can weigh in via a questionnaire or advisory referendum.

"It's such a large issue," said Alderman Harry Slyman, who proposed the delay. "It's not just voting for a stop sign."

City Attorney Jay Summerville previously advised the board that spending on a nonbinding referendum could be subject to challenge because state law is silent on whether Lake Saint Louis and other fourth-class cities can hold such elections.

So Slyman on Monday emphasized circulating a questionnaire or survey.

Meanwhile, the St. Charles County Council next month is expected to begin public discussion of a proposal to put a countywide smoking ban on the fall ballot.

Kirkwood and Ballwin are the only cities in St. Louis County to have bans. Arnold, in Jefferson County, has a ban. Illinois has a statewide ban. The Missouri Legislature is considering one.

ST. LOUIS POST-DISPATCH
Kirkwood smoking ban doesn't hurt as much as some expected

KIRKWOOD -- The Geyer Inn has been welcoming a hard-core group of fun-loving pool players, drinkers, talkers and smokers for decades now. Dense clouds of cigarette smoke regularly greeted visitors.

But on Jan. 2, the day that Kirkwood's voter-approved smoking ban went into effect, visitors were greeted by a hand-made no-smoking sign taped above the ornate wooden bar counter.

Now, 10 weeks into the smoking ban, most of that crowd has remained loyal to the Geyer Inn. And they still smoke -- stepping outside into the chill winter night to light up.

The ban "hasn't really affected us that much at all," bartender Jacque Rafferty said. The bar operates an open-air patio that contains one table, one ashtray and couple of bar stools. "People step outside into the 'Smoking Garden' if they want to smoke," she said. "It'll be fine in the spring."

While other Kirkwood establishments are reporting some dips in business -- Graham's Grill and Bayou Bar in particular -- most are also saying the smoking ban has not been a terrible burden.

"It's not bad," said veteran bar and restaurant entrepreneur Paul Cartier, owner of The Jefferson Grill and PJ's Tavern in downtown Kirkwood. "It hasn't really adversely affected us as much as I'd thought it would.

"Obviously you lose some customers on the smoking end, but since we're family oriented, it actually has helped in a lot of ways. We're getting a lot of comments about how clean and nice it is and families with kids don't mind waiting. People from Webster who don't like smoking are coming in."

Some late night-bar patrons who smoke have departed, Cartier said. At first, "it was a little bit of a shocker, but I think smokers are getting over it. And when the weather changes, and we have a few nice days, they'll be back."

(PJ's has a patio area, and outdoor smoking is allowed under the Kirkwood ordinance.)

About two-thirds of Kirkwood voters in November favored the ban. Next Jan. 2, the city of St. Louis and St. Louis County will begin enforcement of their smoke-free ordinances.

Both city and county bans have exemptions. For instance, the county exempts bars that serve little food. The city exempts small bars based on square footage.

Kirkwood's ban has no such exemptions.

TAX REVENUE IS UP

Sales tax revenue rose in Kirkwood in January over the same period last year.

Kirkwood -- $293,160 in 2010, up from $272,579 in 2009.

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