MySmokersRights Winter 2005-2006 Newsletter

(Excellent re-cap of recent, current and pending USA tobacco related legislation)

MySmokersRights (link) members helped to make 2005 a banner year in the fight to protect smokers' personal freedoms. Since 2002, the number of states passing cigarette taxes has declined each year from a whopping 21 in 2002 to only seven in 2005. We believe the tireless activities of MySmokersRights members have had an enormous impact on this downward trend. Keep up the good work and continue to tell your elected officials where you stand on the issues of unfair taxation and smoking restrictions, and encourage your friends to do the same by joining MySmokersRights.com.

Cigarette Tax Increases Halted in 18 States in 2005

In 2005, a total of 27 states proposed cigarette tax increases. We are glad to report that only seven states increased cigarette taxes this year, an improvement of two states over 2004. MySmokersRights members have an impressive track record and your continued resistance to unacceptable legislation will be important as we move into 2006.

State increases per pack passed in 2005:

Kentucky (from 3 to 30 cents per pack)
Maine ($1.00 to $2.00 per pack)
Minnesota (from 48 cents to $1.23 per pack)
New Hampshire (from 52 to 80 cents per pack)
North Carolina (from 5 to 30 cents per pack on September 1, 2005, and another 5 cents to 35 cents per pack on July 1, 2006)
Ohio (from 55 cents to $1.25 per pack)
Washington (from $1.425 to $2.025 cents per pack)

Though technically not a tax increase, Idaho legislators failed to give smokers a break by voting to make permanent a 29-cent cigarette tax increase scheduled to expire on June 30, 2005. Smokers in Idaho continue to pay 57 cents in state excise taxes on each pack they purchase.

The drama continues to unfold in Minnesota where on August 26, tobacco manufacturers R. J. Reynolds, Lorillard, Phillip Morris and nine tobacco wholesalers filed a motion in Ramsey County District Court claiming that Gov. Tim Pawlenty's 75-cent cigarette fee violates the 1998 multibillion-dollar tobacco settlement. On December 20, District Court Judge Michael Fetsch ruled in favor of the plaintiffs and said the "fee" is illegal and unconstitutional. The next day, Attorney General Mike Hatch's assistants filed a motion with Judge Michael Fetsch to allow the state to continue to collect the 75-cent-per-pack cigarette fee while the state appeals the ruling. A hearing on the motion to continue collecting the tax is scheduled for January 18.

On the Smoking Ban Front

Fortunately, 23 proposals to restrict smoking were defeated this year. Only eight states passed smoking ban restrictions: Georgia, Illinois, Maine, Montana, North Carolina, North Dakota, Rhode Island and Vermont in 2005. Of the eight states, only three passed new restrictions banning smoking in bars and restaurants.

Already in 2006, New Jersey has enacted a Smoke-Free Air Act that bans smoking in most indoor public places, including restaurants and bars, beginning April 15, 2006. Casinos are exempt from the ban, for now. At the same time, Codey signed a bill to raise the age to purchase tobacco products from 18 to 19 years old. That bill will also take effect on April 15.

On November 8, Washington state voters passed the most restrictive smoking ban in the country, Initiative 901, with 64 percent of the vote. As of December 8, smoking was banned in bars, restaurants, bowling alleys, mini-casinos and all other public places. The ban also restricts smoking within 25 feet of doorways, windows that open and ventilation intakes. Businesses have already experienced the negative effects of the ban.

On the Local Front

Chicago, IL - Smokers got a double whammy this year from their elected officials: a smoking ban and a cigarette tax increase. What's more, Cook County Commissioners could add insult to injury by passing a proposed tax increase, this time at $1 per pack.

Chicago smokers will have to contend with new smoking ban regulations that will take effect on January 1, 2006. Bars and restaurants have until July 1, 2008, before they must ban smoking unless the business installs:

"air filtration or purification devices or similar technologies as to render the exposure to secondhand smoke in such area, notwithstanding the fact that smoking may be occurring in such area, equivalent to such exposure to secondhand smoke in the ambient outdoor air surrounding the establishment."

Huh? Needless to say, there is considerable confusion among business owners as to exactly what the ventilation standard means. And as if that wasn't enough, on December 14, aldermen hit smokers again when they voted 48-1 in favor of a 20-cent-per-pack cigarette tax increase. As of January 1, 2006, smokers are paying 68 cents per pack in city cigarette taxes. If the Cook County tax is adopted, Chicago smokers will pay $4.05 a pack in federal, state and local excise taxes alone. Smokers in Chicago should write a letter (link) to their alderman and vent their outrage on the ones responsible. But don't stop there. Contact the Cook County Commissioners (link) as well, and protest the proposed $1 per pack tax increase.

Hennepin County, MN - Smokers got a break in December 2005 when the county commission voted 4-3 to exempt bars from the current smoking regulations until July 31, 2007. Smoking was banned in all indoor public places in March 2005. At the urging of disgruntled bar owners, the commission voted four months later to examine the economic impact of the ban on bars. Their analysis ultimately led to the decision to exempt bars.

Summit County, OH - On November 28, the county council voted 6-5 in favor of a smoking ban in all enclosed public places, including restaurants and bars. Councilman Nick Kostandaras managed to get exemptions for smoke shops, hotels, bowling alleys (with separate smoking rooms), private clubs and racetracks. Bar owners packed the room and were outraged that the exemptions did not include bars. Some had to be removed from the chambers when shouts and complaints began to interrupt the proceedings. Council members Nick Kostandaras, Pete Crossland, Louise L. Heydorn, Paul Gallagher, Clair Dickinson, and Cazzell M. Smith, Sr. voted in favor of the ban. Michael Callahan, Tim Crawford, Daniel Congrove, Tom Teodosio and Paula Prentice voted against it. Akron city leaders balked at the legislation and said city law supersedes county law. Akron allows smoking in bars, bowling alleys, bingo halls, restaurants, banquet halls, hotels and tobacco stores. The county law will take effect on February 28, 2006.

Washington, DC - On January 4, 2006, the city council voted 11-1 in favor of new regulations that ban smoking in all indoor public places immediately upon the bill's approval. Bars, nightclubs, taverns and the bar areas of restaurants will have until January 2007 before they must ban smoking. Cigar and hookah bars are exempt. Councilman Marion Barry successfully amended the bill to exempt businesses that prove that they get 10 percent or more of annual revenue from tobacco sales, excluding cigarette machines. Mayor Anthony Williams has threatened a veto in spite of the overwhelming vote.

The Flagrant File

The Flagrant File is a collection of particularly unreasonable or outrageous anti-smoking laws and legislation designed to destroy the rights of smokers. Here are some of the latest additions:

On December 2, the World Health Organization (WHO) announced that they would no longer hire tobacco users beginning December 1, 2005. As one columnist put it (link), "Under WHO's policy, if Franklin Roosevelt, Winston Churchill, Albert Einstein and Adolf Hitler applied for a job, only Hitler, the sole nonsmoker in the group would be eligible for consideration." MSR members are encouraged to contact their state leaders (link) and demand that laws be adopted preventing job discrimination based on what employees do on their own time if those activities do not impact job performance.

Madison, WI - The city council recently decided not to revisit the smoking ban issue based partly on comments from the public. But as it turns out, of the 6,135 e-mails received by the council in support of the ban, more than half (3,646) were sent by one person, Ira Sharenow. Sharenow now lives in Berkeley, CA, and admitted he sent several e-mails in support of the ban. Sharenow claims he lived in Madison when the original ban passed in 2004. MSR members need to realize who they are up against and to what extent ban supporters will go to push their agenda.

If you travel next year, please keep in mind that Westin Hotels & Resorts (link) have banned smoking at all of their facilities in the United States, Canada and the Caribbean beginning January 1, 2006. That includes the poolside. Also, they will add $200 to your bill if you are caught violating the policy.

What's in Store for 2006?

Mississippi MSR member are already facing a proposed cigarette tax increase. If approved, the new tax will be phased in with a 57-cent increase totaling 75 cents on July 1, 2006, and by another 25 cents to a total of $1 per pack on July 1, 2007. In exchange, the bill cuts the grocery tax. The bill has passed the legislature and Gov. Haley Barbour has vetoed it. The bill now returns to the legislature for further consideration.

At this point, we predict the biggest threats to smoker incomes are from the following states:

Arizona - two ballot initiatives for 2 cents and 80 cents per pack
California - ballot initiative for $2.60 per pack
Connecticut - increase of up to 74 cents per pack
Hawaii - increase of up to 90 cents per pack
Illinois - increase of up to 80 cents per pack
Louisiana - increase of up to $1 per pack
Maryland - increase of up to $1 per pack
Massachusetts - ballot initiative for 60 cents per pack
Missouri - ballot initiative for 80 cents per pack
New York - increase of up to $1 per pack
Oregon - ballot initiative for 60 cents per pack
Pennsylvania - increase of up to 65 cents per pack
Rhode Island - increase of up to 29 cents per pack
South Carolina - increase of up to 28 cents per pack
South Dakota - ballot initiative for $1 per pack
Texas - increase of up to $1 per pack
Utah - increase of up to 25 cents per pack
Vermont - increase of up to 81 cents per pack
Wyoming - increase of up to $1 per pack

Although these and other states may attempt to increase cigarette taxes in 2006, MySmokersRights' commitment to you will remain. When legislators need to hear from smokers on cigarette tax increases, we will let you know. We will continue to provide you a convenient way to contact your elected officials to let them know how unfair it is to single out a minority of citizens who smoke to pay for issues and problems that affect everyone.

In addition in 2006, Colorado, Connecticut, Hawaii, Idaho (bowling alleys), Maryland, Michigan, Minnesota, North Carolina, New Hampshire, Nevada, Ohio, Oregon, Pennsylvania and Utah (private clubs) are expected to consider bills that will seriously restrict or outright ban smoking in most public places -- restaurants, bars, bowling alleys, pool halls and workplaces. Many cities and counties are expected to consider some form of smoking restrictions as well. Again, we will keep you informed when the time is right to contact your elected representatives at state or local levels.

Our continued success depends heavily upon your participation and the growth of MySmokersRights membership. If you have friends or family members concerned about smokers' rights, tell them about MySmokersRights.com and encourage them to visit and join.

Thank you for using MySmokersRights to protect the rights of adult smokers.

R.J. Reynolds Tobacco Company