DeKalb County (Atlanta) attempting to ban indoor use of e-cigarettes

[Placebo Effect]

The DeKalb County (which includes Atlanta) Board of Health voted in favor of a smoking ban on Wednesday or Thursday -- http://www.ajc.com/news/dekalb/smoki...lb-920411.html

No media reports on the ban reported that e-cigarettes were included, but upon further inspection, I found out that they are. http://www.dekalbhealth.net/wp-conte...ceApril411.pdf

Thankfully, the Board of Health is not a lawmaking body. They only make recommendations. The Board of Commissions will have to vote for the ban. Meetings are on every second and fourth Tuesday of the month at 9 AM in the Maloof Auditorium at 1300 Commerce Drive.

I'll be getting more details, making phone calls, etc. to try to determine when this vote is going to take place. Those of you who are in the Atlanta /DeKalb area should IMMEDIATELY (I'm talking Monday) get on the phone with the Board of Commissioner members, and if possible, meet them in person. They need to be counseled that an amendment should be offered to exclude e-cigarettes from the bill.

The next meeting is Tuesday morning. They seem to have a full agenda, but unless I get a guarantee that the bill won't be brought up, anyone who can attend should go and speak out against including e-cigarettes.

There are only seven representatives on the Board of Commissioners. With over 250 ECF members with 'Atlanta' as their location, albeit many inactive, I see no reason why we can't get this bill amended.

CASAA would be glad to help you in any way possible. You can contact us at board@casaa.org, or PM me.

 

[Placebo Effect]

Find out who your representatives are.

 

[bombtrack311]

Most of atlanta is in Fulton county... only parts of east and northeast are in dekalb county. I do happen to be right on the borderline of dekalb though so iguess I can just lie and call all of my "representatives". I hope all those mall kiosks price raping people who don't know any better are greasing some reelection coffers about now.

 

[Placebo Effect]

Most of atlanta is in Fulton county... only parts of east and northeast are in dekalb county. I do happen to be right on the borderline of dekalb though so iguess I can just lie and call all of my "representatives". I hope all those mall kiosks price raping people who don't know any better are greasing some reelection coffers about now.

Thank you for the clarification. Those of you in Atlanta can still play a big part in stopping this.

 

[bikergirl1908]

Thanks for the heads up Placebo.

 

[DataPhreak]

Wow. Just wow. Stepping outside the realm of electronic cigarettes, this is completely unconstitutional. I took the liberty of typing out everything that directly links (so far as I found) e-cigs to the bill so that if anyone wants to be able to copy and paste the text they can. I believe we have at least 1 research study to discriminate each point to which this amendment likens e-vapor (I just coind a phrase!) to secondhand smoke. I'ma tear this apart later today and write a kick ... letter. I'll probably steal some of VocalEK's work, but I don't think she'll mind.

Whereas, The Governing Authority of DeKalb County is authorized to adopt ordinances that protect and preserve the health, safety, and general welfare of the citizens of DeKalb County; and

Whereas, the Governing Authority has determined that smoking poses a threat to the health, safety, and welfare of adults and children; and

Whereas, secondhand smoke exposure causes disease and premature death in children and adults who do not smoke; and

Whereas, adults' exposure to second hand smoke has immediate adverse effects on the cardiovascular system, causing coronary heart disease and lung cancer, and there is no risk-free level of exposure to secondhand smoke; and

Whereas, secondhand smoke causes asthma attacks, heart attacks, strokes, and lung cancer in adults, and sudden infant death syndrome, low birth weight, middle ear infections, bronchitis, asthma and pnumonia in children; and

Whereas, a nonsmoker's exposure to second hand smoke increases his or her risk of heart disease by 25 to 30 percent; and

Whereas, over 12,000 DeKalb County residents were hospitalized for smoking-related illness in 2008, and three of the five leading causes of death in DeKalb County for persons 35 to 65 years of age are smoking related; and

Whereas, employees who work in places that maintain or implement smoke-free policies are nearly twice as likely to stop smoking as employees who work in places that allow smoking everywhere; and

Whereas, established smoke-free public places and workplaces is the only effective way to insure that second hand smoke exposure does not occur because ventilation and other air cleaning methods cannot completely prevent the exposure of nonsmokers to second hand smoke; and

Whereas, the Governing Authority seeks to regulate smoking in public places, places of employment, common areas, and certain outdoor areas in order to protect the health, safety, and welfare of it's citizens;

Now, Therefore, be it ordained by the Governing Authority of DeKalb County, Georgia, and it is hereby ordained by the authority of same, that Chapter 16, Article VI, of the Code of DeKalb County, as Revised 1988, is hereby amended to read as follows:

Part I. Enactment

Chapter 16, Article VI, of the Code of DeKalb County, as Revised 1988, is hereby amended by deleting Article VI, Division 2, and replacing it with a new Article VI, Division 2, to read as follows:

Division 2. Smoke-Free Air Ordinance

Section 16-100. Title.

This article shall be known and may be cited as the DeKalb County Smoke-Free Air Ordinance

Section 16-100. Findings and Purpose

a.) The Governing Authority finds that tobacco smoke is a major contributor to indoor air pollution, and breathing secondhand smoke is a cause of disease in healty nonsmokers. Secondhand smoke is particularly hazardous to children, elderly people, individuals with cardiovascular disease, and individuals with impaired respritory function. Children exposed to secondhand smoke have an increased risk of middle ear infection, bronchitis, asthma, sudden infant death syndrome, and pneumonia.

b.) The Governing Authority finds that there is no risk-free level of exposure to secondhand smoke and exposure to secondhand smoke has immediate, serious adverse effects on the physical health of adults and children. Smoke-free public places, common areas, places of employment and certain outdoor are imperative to protect the health of adults and children and providing such smoke-free areas is the only effective way to ensure that adverse secondhand smoke exposure does not occur. Ventilation and other air cleaning methods cannot completely prevent the exposure of non-smokers to secondhand smoke.

c.) Accordingly, the Governing Authority finds and declares that the purpose of this ordinance are: (1) to protect the health, safety and welfare of individuals by prohibiting smoking in public places, places of employment, common areas, and certain outdoor areas; (2) to reduce exposure to secondhand smoke; and (3) to recognize that an individual's need to breath smoke-free air.

Sec. 16-102. Definitions

....

E-Cigarette means any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which creates a vapor of nicotine and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe, or under any other product name or descriptor.

....

Smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco intended for inhalation, in any manner or in any form. The term "smoking" includes the use of an e-cigarette or the use of any oral smoking device.

Edit: Been reading through this a little bit and ran across a troubling section:

Part III. Severability

Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the ordinance as a whole, nor any part thereof, other than the part so declared to be invalid or unconstitutional. All ordinances or resolutions, or parts thereof, in conflict with this ordinance are repealed.

Didn't the supreme court overturn the healthcare reform bill on the grounds that because there were parts which were unconstitutional, the entire bill was unconstitutional? I don't know if I'm going to be able to write this and stay on topic. There's just so much wrong about this amendment.

 

[DataPhreak]

Alright. It's outright plagerism of Bill Godshall's email to Macon, GA, but well, he's good at what he does. Here's what I sent.

Dear DeKalb County Board of Commisioners:

Please amend the definition of "smoking" [Sec. 16-102. Definitions] in Macon's proposed smokefree workplace ordinance to eliminate its current ban on electronic cigarette usage since e-cigarettes emit No Smoke, pose no known health risks to users or nonusers, appear to be at least 99% less hazardous than cigarettes, and have helped hundreds of thousands of smokers quit or sharply reduce cigarette consumption.

While I strongly support your proposal to ban to ban smoking in one hundred or so workplaces (that are currently exempt from Georgia's smokefree workplace law), there is no public health justification for banning the use of smokefree e-cigarettes in tens of thousands of DeKalb County workplaces, parks, and homes, and it is insincere to define the use of smokefree products as "smoking".

Banning the use of e-cigarettes in workplaces can harm public health because it would compel current e-cigarette consumers to inhale hazardous tobacco smoke pollution (at outdoor smoking areas), would encourage some e-cigarette consumers to switch back to lethal tobacco cigarettes, and would discourage smokers from reducing their health risks by switching to or substituting e-cigarettes. Besides, the "purpose" and "whereas" sections of the proposed ordinance don't mention e-cigarettes.

Recent published studies have found that e-cigarettes pose exponentially fewer health risks than cigarettes because they emit no tobacco smoke, carbon monixide or airborne particulates, and they also relieve cravings of smokers.

Ecigarette mist harmless, inhaled or exhaled
http://www.e-cigarette-forum.com/fo...ttes-vansickel-2010-e-cigarettes-clinical.pdf
http://www.healthnz.co.nz/2010 Bullen ECig.pdf
http://www.hsph.harvard.edu/centers-institutes/population-development/files/article.jphp.pdf
SEIKATSUEISEI : Vol. 55 (2011) , No. 1 p.59-64
About 500,000 smokers in Ameria have quit smoking or sharply reduced cigarette consumption by switching to e-cigarettes in the past several years, and many/most e-cigarette consumers have found the products effective for quitting smoking and improving respiratory health, which has been confirmed by several recently published surveys at



http://www.biomedcentral.com/content/pdf/1471-2458-10-231.pdf
http://www.ajpmonline.org/webfiles/images/journals/AMEPRE/AMEPRE3013.pdf
THR2010. (tobaccoharmreduction.org) (Chapter 9)
In ruling that the FDA can only regulate e-cigarettes as tobacco products (not drug devices), Federal Judge Richard Leon pointed out that the FDA offered no evidence that e-cigarettes posed health risks. https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2009cv0771-54 In December the DC Court of Appeals upheld Judge Leon's ruling. http://www.casaa.org/files/ct app opinion on injunction.pdf

Just a few weeks ago, the New Zealand Ministry of Health informed the NZ Parliamentary Health Committee that e-cigarette usage is far safer than smoking E-cigarette - personal nicotine vapouriser and http://www.endsmoking.org.nz/MoH on ecigs etc.pdf According to the NZ Ministry of Health “As the e-cigarette delivers only nicotine in a mist of propylene glycol, without the other 4,000 or so other chemicals in tobacco smoke, it is far safer than smoking.” and "The current safety data would therefore suggest that the e-cigarette poses few risks to people, and is safer than continuing to smoke."

In sum, the rapidly mounting evidence indicates that usage of e-cigarettes by smokers substantially benefits both consumer and public health, there is no evidence that e-cigarettes pose any harm to users or nonusers, and that hundreds of thousands of smokers have already quit or sharply reduced cigarette consumption by switching to e-cigarettes.

Once again, I encourage the DeKalb County Board of Commisioners to correct and amend the definition of "smoking" in its proposed smokefree workplace ordinance by eliminating the proposed usage ban for smokefree e-cigarettes.

Feel free to contact me any time for more information or for clarification.


Sincerely,

J. Austin Smith

And it's a hell of a lot nicer than what I originally wanted to send. If anyone else wants to send this or their own email, CASAA has email addresses for all of the board members at this link.

 

[DataPhreak]

One quick question, who would you write to in order to get county level legislation vetoed? City is mayor and state is governor, but who is in between?

 

[Placebo Effect]

DeKalb CEO -- Office of the CEO

J. Austin, make sure to include that you are an Atlanta resident in your letter.

 

[DataPhreak]

It has my address and phone number at the bottom. Also, I just realized that since this hasn't been written into legislation yet, that it cannot be vetoed yet, so I'm going to hold off until we see what happens with the Board.

 

[Placebo Effect]

It has my address and phone number at the bottom. Also, I just realized that since this hasn't been written into legislation yet, that it cannot be vetoed yet, so I'm going to hold off until we see what happens with the Board.

It's written, and it passed the Board of Health. No news source that reported on the smoking ban bothered to mention e-cigarettes. I had to search out the ordinance to discover that e-cigs were included.

This is going to be happening a lot over the next decade as the remaining areas without state-wide smoking bans start implementing them.

 

[DataPhreak]

Out of sight, out of mind. That's such bull.....

 

[DataPhreak]

Well, I got one response. Not the most sincere, but whatev...

Good Morning,



Thank you for sharing your thoughts on the proposed smoking ordinance with Commissioner Gannon.



Corrin Wagnon

Constituent Services Coordinator

Office of Commissioner Kathie Gannon

Super District 6

Manuel J Maloof Center

1300 Commerce Drive

Decatur, GA 30030

PH: 404-371-4909

FX: 404-371-7004

Home - Kathie Gannon | DeKalb County Commissioner - Super District 6

P please don't print this e-mail unless you really need to.

 

[Placebo Effect]

This was brought up at today's BOC meeting. Sadly, no discussion of e-cigarettes, but aside from letting the public comment, they didn't discuss it at all.

It'll be up for a vote on the second Tuesday in June at 9 AM. I know that it's virtually impossible for most to make a 9 AM meeting, but if anyone from the Atlanta-area can plan far in advance to get permission to come into work late, CASAA would be forever in your debt if you went and spoke about the importance of amending the ordinance to remove e-cigarettes.

 

[DataPhreak]

I'll see if I can pull it off. Unfortunately, considering my situation, it will be difficult.

 

[DataPhreak]

Well, I've got some smoker's rights groups on the case as well. I guess we're all in this together since we're both tobacco products now, and we don't have an official reduced harm status. FORCES and VaSmokers are in the game now. If anyone else can figure out a way to get the info about this out to local businesses that provide a smoking environment, that would be rad if we could get 200 angry people with signs and vegitables to show up.

 

[Placebo Effect]

This coming Tuesday at 9 AM! Please consider getting another set of e-mails out, and even ask some friends. You can note that Delaware County, Indiana recently voted into law a smoking ban that included e-cigarettes, but right before the vote was taken the County Commissioners voted to amend the bill to remove e-cigarettes.

http://www.e-cigarette-forum.com/fo...y-indiana-call-action-e-cigs-smoking-ban.html

You can also talk about Tacoma / Pierce County, and how an overwhelming public response led the Board of Health to decide that in light of the lack of evidence that e-cigarettes pose harm to bystanders, they only disallowed e-cigarettes in public places where children are permitted, which is a very small portion of the areas covered by DeKalb's proposed law.

 

[Placebo Effect]

UPDATE

I spoke to Commissioner May's assistant -- the bill has actually been referred to the County Operations & Public Safety Committee because changes still need to be made to the bill. The COPS Committee meets every 2nd and 4th Tuesday of the month at 1 PM, but according to the DeKalb clerk, that meeting for June 14th has been canceled.

I'm e-mailing the Committee members to get confirmation that the bill will not come before the full Commission or the COPS Committee for a vote on Tuesday.

If that's the case, the hearing to go to would be the COPS meeting on June 28th at 1 PM. That would be before 3 legislators (Barnes, May, and Gannon) and we'd obviously need to convince 2 of them that the definition of smoking should be amended.

I'll keep you posted.

 

[Placebo Effect]

The Ordinance may be voted on tomorrow at 9 AM. Can anyone make it out?

CASAA.org

 

[UA72Riddle]

Any updates on this issue???