October 8, 2011

Here it comes people. The Lakewood city council has begun to get public input for the expanded smoking ban proposal. The proposed ban will only exasperate an already bad economy. More lives destroyed, more jobs lost, more people on un-employment, more businesses gone, etc., etc., etc. We have been through it all before. This ban tells legitimate businesses to comply in five years or get out, and in some cases it is just get out. If you go to http://Lakewood.org, then go to Headlines and scroll down to smoking ban. When you get to that page you will find a link to the new ordinance and also a link for comments. Must respond before October 31st. I just cannot believe how many constitutional rights being taken away here. Jefferson County Health has a received a grant to expand on the second hand smoke problem. A grant from who?? What SHS problem??? On this web-site are recent studies on Acute Myocardial Infraction/Heart attacks in the United States. NO SIGNIFICANT INCREASE/DECREASE IN AMI/HEART ATTACKS where bans have passed.

Just recently, May 3, 2011, I spoke to one of my old employees. I called this lady to wish her happy birthday. On May 3rd. Mrs.Breen turned 88 years old. This woman never smoked a cigarette in her life, but she did work in a smoking environment her entire adult working life. Her late husband and all of her children smoked. So she was living and working in a smoking environment 24/7's. BUT SHOULDN'T SHE BE DEAD??? I have another ex-employee who is 81 years old who lives in Nebraska. She also lived and worked in a smoking environment 24/7's. Shouldn't she also be dead, or are these two ladies just an exception to the rule. As I said ex-employees. Both of those ladies worked for us in our Tavern. Is that just a coincidence or is SHS not as great a problem as we are led to believe?????

You need to tell Lakewood that this ban is un-necessary and they need to focus on providing more jobs not destroying those that currently exist.

Jim V.

July 2011,

When or Where will it stop? In the last few months I have been contacted by two different individuals who are being told to quit smoking or move out. You would say now, "What's New"? Well this is what's new, they are low income, elderly, disabled veterans, and other people with handicaps. In the first case I heard about, the Manager of the building stopped smoking. Because she went smokeless the whole building has to be smoke free. Now people with hadicaps are having to go outside to smoke. No Patio, No Prepared Site, no nothing for the residents who wish to light up. People with severe handicaps and in wheelchairs are forced to go outside in all kinds of different wheather conditions to indulge, and they must go 25 feet from the building.

The second contact was from a woman who has been evicted from her home because she was smoking in her room. It did not matter to management that she was facing surgery for an un-related problem. Nor does it matter that she is confined to a wheelchair, Nor did it matter that there was nothing in her lease agreement that said, "No Smoking". Nor were there any signs in or on the premise that said, "No Smoking". The managment decided that she had to go and used a smoking ban to do it.

 "What Has Happened To Freedom In America"???? , or "A Mans Home Is His Castle"???

JLV

June 2011

Lakewood smoking ban: Work still in progress.

New Golden Smoking Ban: This ban is quite similare to the one that Lakewood is proposing. The city of Golden has passed an ordinance to increase the restrictions on smoking. There was no public in-put, no public hearings, no public anything for this regulation. For the most part this was all done behind closed doors. Furthermore the City Manager now has the authority to impose more restrictions, (as they see fit), on any city owned or operated property. This will include parks, open space areas, trails, paths. or anywhere the city owns or operates the property.

5.11.020 (15) Definitions; Tobacco: Cigarettes, pipes, cigars, cheroots, stogies, and periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff and snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts, clippings, cuttings, sweepings, and refuse scraps of tobacco; all forms of tobacco that is suitable for chewing or smoking. This also includs cloves. (Now we can no longer gather the BUTTS and role our own.

Now with the new information about the Cell Phones, (see link below), are we going to see the warning lables, get the bans, and put the sick pictures on the face of the phones as we are doing with cigarettes???? I have read that the risk factor for cancer from cell phones is 3.0. The risk factor for SHS is 1.4. Then you add in distracted driving, WOW! we should see new laws and bans very soon, RIGHT????

JLV

09-Nov.-2010

It has been awhile since I have had anything to report. Butt, forgive the pun, here comes Lakewood back with the proposed smoking ban in their city. On the 15th. of December city council will be holding study sessions on the AD HOC committees recommendations for a more Draconian smoking ban in Lakewood. The new rules will take away the patio, (where the State banned the smoker too), and will increase the distance from any entrance to 25 feet. This will conceivably put the smoker out in the middle of the parking lots. As we have seen in the past, this will also add to a rise in hate crimes, and crime against the consumer. Then they complain about the litter and wish to make that a problem also. Here I must agree, there is a proper place for the butts. Let me remind some of you that, "You are still held accountable, in many jurisdictions, for the actions of both the consumer and the employee in your parking lot". Smoking bans have caused consumers and employees alike to be ridiculed, beaten, raped and even killed for their bans.

Then it is also proposed, that all smoking retail stores, and cigar bars, shall stop smoking and be out of the city of Lakewood in 5 years. Whether you can afford to relocate or not, is of no consequence. But what I fail to see is a ban on the sale and distribution of tobacco products. The greatest hypocrisy of it all. We don't want to see it, we don't want to smell it, but we won't stop selling it. People this is social engineering at it's best. The Robert Woods Johnson Foundation, (RWJF), is currently running an ad for people to fill that position. See storey @;  http://jobs.mashable.com/a/jbb/job-details/398082  or, www.rwjf.org/about/jobdetail.jsp?id=10166 . RWJF is behind all of the smoking bans since day one.

Bad arguments do not necessarily invalidate the causes in which they are deployed. People should not smoke. Smoking is un-pleasant to smell but is not harmful to the non-smoker. One should not blur the distinction between genuine scientific analysis and propaganda disguised as science. Policy should follow evidence, not evidence policy. It is time to reassert the principle that research must pursue the truth wherever it leads. The principle on which social & economic progress has depended for centuries. It is wrong whenever property rights are usurped by petty legislation that is based on false information. It is said that SHS is a Class A carcinogen. well the Sun is also a Class A carcinogen. So why are we not passing laws, (for the safety of the employee), that keep them out of the sun when serving the consumer? They don't want skin cancer any more than you do.

Just some fruit for thought.

JLVon.

16 Sept. 2010

Last week I was contacted by a gentleman from Massachusetts. He informed me he was living in a condo complex, and the home owners association, (HOA), was contemplating a smoking ban in the complex. When he purchased the condo he was told that all units were separately ventilated so fumes from one unit would not affect another. Now comes a nanny who say's they can smell smoke from another unit and they wish to get a smoking ban to stop the fumes. It seems the kitchens are separately ventilated but the bathrooms share a common flue. There were no complaints about any other odor such as, perfume, human gas, etc. Just smoke.....?

I informed him that since it was a condo and he bought it that it is his home and is not subject to laws, or rules, that did not apply when he purchased.  To make a long storey short. The HOA informed him that any rule can change when it is for the health and well being of the community as a whole. Toward the end of our conversation he informed me that he was a 73 year old veteran, (who went to war to protect our rights and freedom), Who is now being told that he has no rights, OR FREEDOM, in his own home. Is there something wrong with this picture America???? I didn't think of writing a letter until I read the following.

The trapped Chilean miners: Guess what they requested and are getting 2 packs of daily??? According to all the nanny studies, on SHS, every one of those miners should come out of there with heart problems and/or lung cancer. Not only are they smoking, just imagine what the SHS is in a confined area like that. What is one of their comforts? Chilean story Source: Smokers Club issue 584. Also in that article is a recent study from Washington University that proves there are no killer contaminates in SHS. In fact, Bars and Taverns have tested 110 to 800 times better then minimum OSHA standards. To see full stories go to the links page and click on smokers club.

Jim V.

May 17, 2010

Hello All,

I have been waiting for the final draft of the proposed smoking ban ordinance in Lakewood. Have been told that there are no minuets or proposals ready yet. Have not seen any meetings scheduled for June on the subject.

It has come to my attention that the Jefferson County Health Department, and Smoke Free Jeffco attempted to get a smoking ban similar to Lakewood in Wheat Ridge, but city council rejected the proposals. They were in favor of a couple but did not approve all. Mayor Jerry DiTullio said he would veto the ordinance if passed. GOOD NEWS!

As you all may well know by now the grocery store bill is dead, BUT there are still four ballot initiatives headed for the ballot provided they get the signatures needed. Does not look good for them right now, public opinion seems to be opposed to the idea.

Something else has come to my attention that we may wish to be on top of. Fast track to citizenship, the Totalization Agreement with Mexico. This has to do with Social Security. Can be found on this site under Seniors/Baby-Boomers. A must read for all. 12 undocumented workers found working for the city of Denver.

Also new, are the bans being repealed around the country. See Repealed Bans on this site.

New zoning rules in the city of Denver could be a problem for Bars, Taverns, and Restaurants if passed. It seems they may wish to have businesses turn off outside lights, in certain areas, at 10 PM. How many people will drive on by when the lights are off? Will do more research before commenting further.

Liquor Enforcement: I have received communications from the Department of Revenue about some new rule making hearings this summer. I will keep you advised.

Remember our HEROS on Memorial Day,

Jim V.

April 21, 2010

To All,

It seems we have had the last meeting of the Dream Team. Ironic that it should be on the birthday of the first leader to impose a smoking ban on his people, (Adolph Hitler).

Tobacco Businesses: Recommendations of the committee: 1) No Smoking in any Tobacco Business. All Tobacco businesses in existance at the time of the new ordinance will be in compliance within 5 years of the new law. 2) No one under 18 permited to enter a Tobacco Business. 3) Prohibit the opening of any new Cigar/Hookah Bars. 4) No Tobacco business should be allowed to open on the premise of any Bar, Tavern, or Restaurant.

Cigar Bars: Recommendations of the committee: 1) Eliminate the "Cigar Tobacco Bar" exemption. All Bars in existance at the time of the enactment of the ordinance shall end smoking within 5 years of the date of enactment. 2) No new Cigar/Hookah Bars in the city of Lakewood.

Smoke-free Perimeter Around Entrances to Buildings: Committee Recomends: 1) Move smoke-free perimeter from 15 to 25 feet from ALL ENTRANCES. 2) Require signage at all entrances stating, "No Smoking Within 25 Feet".

Outdoor Areas of Bars and Restaurants: Committee Recomends: 1)  Prohibit smoking in outdoor patio areas of Bars and Restaurants before nine PM. 2) The committee further recommends that if City Council chooses not to follow this recommendation, that other alternatives be considered to protect the public from ETS/SHS in these outdoor areas.

A member of the committee brought up Multi-unit Housing. It was suggested that this be an amendment to the ordinance or be brought up in another committee. This has all the same arguments as the origional smoking ban, CCIAA of 2006. Health, Death, and Injury.

A look at the above: No smoking in a tobacco retail store, WHY??? It's a tobacco store. When does someone under 18 frequent a tobacco store. Cigar and Hookah Bars have five years to stop smoking or relocate outside of Lakewood. Another case of biting the hand that feeds you. Killing businesses that pay your bills in an Economy that requires the closing of schools to meet the budget. 25 feet from any entrance: There are a couple of things to consider here. Where will this put YOUR EMPLOYEE and the SMOKER? In many cases it will be the parking lot or the middle of the street. Who will be responsible if the employee or the consumer gets injured? Personal Insurance, State Compensation, WHO??? Who will be the enforcer of the new law? Will that be left up to the owner also? Outdoor areas: When the CCIAA of 2006 was passed we were told to be creative. Build patios to accommodate the smoker. Now the Nannies are not satisfied that you were banned to the patio, now they want the patio too. It all boils down to the Surgeon Generals report and the term,"No Safe Level Of ETS/SHS". Let me remind you that there is no scientific evidence to support that claim.

Will advise when the next process begins.

Jim V.

April 7, 2010

AD HOC Committee on Smoking Ban.

Had another meeting of the Dream Team April 6, 2010. Last nights discussions were on Tobacco Retailers, Cigar and Hookah Bars, Patios, Perimeter Issues, and young people.

Tobacco Retailers: Smoking in a Tobacco Store will be illegal??? Why? 

Cigar and Hookah Bars have five years to sell, or relocate outside of Lakewood, or stop smoking. Death sentance for Hookah Bars who have no alcohol or food sales. Information on Hookah Bar health issues provided by the Jeffco PTA located in Arvada.

Patio's: 1) Stop smoking all together, 2) Set perimeter at 25 feet, 3) Smoking and non-smoking sections on patio, allow smoking on patio after 9 PM. (# 1 selected, 5 for, 2 against0.

Perimeters: Set to 25 feet from any door, Back doors, Side doors, Delivery Entrances, Patios, and loading docks, create outdoor smoking areas same as were in the malls. (5 for, 2 against) 

Youth: There are penalties for supplying tobacco to minors, but there is no penalty for possession of tobacco by a minor. First response, "Do we really want to villainize our children?" Not the children, but they will nail you to their cross. Will a teenager laugh at this Ordinance????? The next meeting is scheduled for April 20th. On the agenda; Youth and multi-unit dwellings, (Your own home).

Questions to the above proposals:

What non-smoker, or anyone with a health issue, would be in a Tobacco Store? Who has the right to tell anyone, that runs a perfectly legitimate business in the United States, (Which is a Republic, not a Democracy), that he has five years to get out. I have not heard anything more ridiculous in all my life, Could this really happen in AMERICA? (5 for, 2 against). When do you see young people in a bar leave alone on the smoking patio? How do you have a smoking and non-smoking section on a patio? On who's property will the smoking area be, Public or Private land?

Arvada Bar owners are saying the perimeter for smoking is un-enforceable. See Arvada PD for citations? One known citation. What has Arvada's smoking ban done? It's closed businesses and cost Arvada revenue. The smoker went to Westminister or Wheat Ridge to drink and smoke on the patio. The same will happen in Lakewood. Denver, Westminister, Golden, and Littleton will thank you. This will also put the consumer and the employee in harms way, Two Deaths and multiple beatings directly attributable to the CCIAA. But by Colorado law you are still responsible for the actions of your customers and employee's, (ie: parking lots, patios, smoking areas, etc. It's defined in State Law) In most juristictions it's called the PUBLIC NUISANCE ordinance which goes beyond state law.

Two more meeting's have been scheduled, April 20th. & May the 4th. Hopefully we will know soon how far they plan to go.

Jim V.

March 31, 2010

Here it comes folks. 700,000 Californians signed petition to legalize and tax pot to help fix the budget. But that will be OK since we will be smoking in our bedrooms. Unless you live in a multi-unit dwelling, then not there. Some legislators are now calling to ban barbecuing, SHS from the Bar-B-Q. The nannies need to spend their money on something. New York, legislation presented, no more salt of any kind in the preperation of food. does that mean there will be no salt on the table as well? They feel they have smoking well under control so now they are focusing on other things to aggravate our lives on top of enhancing their bans. (ie, Lakewood)

Lakewood: The next meeting for the Dream Team, (AD HOC Committee), will be April 6, 2010 @ 6:00 P.M. to reveal their plan.

A question in todays letter: If the Sun is a class A carcinogen, then why have we not banned employee's from serving outside during daylight hours? The Sun causes Cancer. Cooking with gas causes lung cancer yet there is no partition between the server and the cook, WHY NOT?

Jim V.

March 12, 2010

There has been much said about the economy lately and how government is in trouble. On February 4, 2010 the Department of Treasury reported to congress the decline in revenue from tobacco taxes. It seems since 2002 there has been a steady decline in exicise tax revenue year after year. Then if you were to add the state excise tax and the state, city, and county sales taxes, how much do you think is lost? Then add to that the businesses that closed due to the ban. Revenue is down, but smoking is at the same level, or as in Colorado's case, up since the ban took effect. It is believed to be due to bootlegging. I hate to say I told you so, butt, that is in my testimony before the Senate Committee in 2006. I have a link under Tobacco Taxes of the full report, (Treasury Report). The report is rather lengthy so to save you time go to Tables 1 through 5, Pages 27 through 30 of the report to find the figures. The table on page 29 is rather interesting, those who admit to smoking. Some things just don't add up.

Jim V.

Lakewood Ban

 March 3, 2010

There was to be a meeting, March 2, 2010, to reveal the new suggested smoking ordinance in Lakewood. I got notice from the chairman of the committee saying the meeting had been cancelled and that I will be notified when the next meeting will be scheduled.

Jim VonFeldt