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Advocates say Tennessee’s smoking ban should boost state's health rankings


Published September 18th, 2007 | 28 Comments


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There’s no place for Tennessee to go but up in state health rankings with a new anti-smoking law that goes into effect Oct. 1, Tennessee Health Commissioner Susan Cooper said Tuesday.

“We’re 47th out of 50 states as far as health outcomes,” Cooper said of Tennessee during a stop in Johnson City to promote the smoking ban. “Over 26 percent of adults smoke in this state. What we know is when we look at chronic disease ... diabetes, heart disease, lung disease, all of the things that in the end cost us a lot of money and kills us, that you can really relate back to four behaviors — physical inactivity, poor nutrition, tobacco use and risky alcohol use. This is just our step to say ‘We’re not satisfied with being 47th out of 50th.’

“I’m convinced we can move from the bottom 10 to the top 10 healthy states going forward.”

Under this landmark law, smoking will become illegal in all enclosed public places with a few exceptions, according to the Tennessee Department of Health.

Both the Tennessee Department of Health and the Tennessee Department of Labor and Workforce Development will have authority to enforce the law.

The Department of Health will enforce the law for the establishments it inspects, like restaurants, health care facilities and hotels.

Cooper noted that the Tennessee Restaurant Association was one of the law’s backers.

“When you look at the experience in other states, the first thing that comes up (with restaurant operators) was ‘We’re going to lose money.’ But if you look at the data and the research, what you find is sales really go up,” she said.

The Department of Labor and Workforce Development will enforce the law for establishments it inspects, including manufacturing facilities, construction sites, retailers and sports arenas.

According to the law, a person who knowingly smokes in an area where smoking is prohibited is subject to a civil penalty of $50.

A business that knowingly fails to comply with the requirements of the new law faces a written warning within one year, a $100 civil penalty for the second violation, and a $500 fine for the third violation.

Cooper acknowledged that early on, enforcement will be very liberal.

“We’re going to spend the first several months of this doing what we’re doing now — educating the public,” she said. “We would say if someone is smoking in an establishment, we would suggest the manager or one of the employees come over and offer them an ashtray (to extinguish the cigarette). You don’t have to make a big deal out of it. It gets down to intent — is the person knowingly breaking the law, or is a manager who is responsible for an establishment knowingly not following the rules?

“What we think, though, is through proper education, we’ll be able to help support employers and workplaces in helping them to make right decisions. ... This isn’t about going around being the smoking police and looking for people who are breaking the law. This is about protecting non-smokers’ rights and helping to educate the public.”

For more about the new law go to http://health.state.tn.us/smokefreetennessee/.


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It is time that Tennessee is catching up with most other states in this regard. Public smoking is an infringement on those of us that do not want to breathe the smoke of others. If you want to smoke, stay at home or smoke in your car. This is the way the law reads in Toronto, Ontario. I believe that the Tennessee law should also be like the Georgia law and prohibit smoking within 50 feet of the entrance to any building. The exclusion for over 21 was a cop-out by the legislature giving in to the alcohol lobby!

CommentAlan Dodson | 9/30/2007 - 9:21 PM - (CommentSuggest Removal )

Ms. Williams, it is you that fails to read statements before commenting about them. The statement that includes people perceiving Tennessee as "one of those eery blue" states I assume is what you are referring to. If you are unable to understand the correlation in that statement, it's most likely because you are have not had the pleasure of participating in Democracy as of yet. The sarcasm/irony in the statement is the stereotype of "Democrats want more government, Republicans want less." So, there ya go.
As far as your perception of a public place, if I open a business, its MY business, its not a place of government business, such as a courthouse, town hall, etc. Personally I beleive its very wrong to tell a business that a legally purchased product may not be used or consumed inside the business. In this area, there are plenty of smokers who would enjoy a few places that they can enjoy what they prefer amongst one another. A limited permit system is an option.
Someone's private place of business is not your public property.

CommentRonald Simmons | 9/21/2007 - 11:15 AM - (CommentSuggest Removal )

Ms. Williams. If you have the right to breathe smoke free air, then I and millions like me have the right to breathe perfume free air.Because it is the principle of it, right? You see, some folks do not take into account that many like myself cannot breathe in a room filled with perfume scent... any more than we can in a smoke-filled room. After all, it wouldn't inconvenience these perfume wearers to walk THEIR butt out of the establishment so I can breathe, would it? So should we then ban the wearing of perfume? After all, if it is a health issue, then am I not within my rights to breathe clean air... air that is free of the chemicals that make up perfume...just as you are in within your rights to breathe non-smoke filled air? If they are in the same room as I, then I have to breathe it don't I? We all breathe the same air don't we? How many chemicals in perfume are cancer causing agents? Now, do you see where this is going? It is called the slippery slope.And I'll guarantee you that in the not so distant future some one, or some place of business will be sued for offensive perfume odor, using the very same anti smoking laws to justify their position.I'll guarantee it. Because we live in a sue happy environment. And they will win the case. You stated that you cannot play darts because of smoke filled rooms. Instead of telling the owners of these establishments who they can cater to, why not open your own club that doesn't permit smokers? You have that right, and if the need is that great, you should make a fortune. After all, that is capitalism...the American way.By the way, I do not smoke.

CommentDale St. John | 9/21/2007 - 9:14 AM - (CommentSuggest Removal )

Mr. Simmons, with all due respect I do not believe you understand what I am saying, I also do not believe you read this news article. Here is an excerpt from the above article:

?When you look at the experience in other states, the first thing that comes up (with restaurant operators) was ?We?re going to lose money.? But if you look at the data and the research, what you find is sales really go up,? she said.

After reading that, I do not see the problem that business owners would have. Most restaurant owners in the tri-cities area have already changed it to no smoking, so whats the big deal. The only business I see this law hurting are bars, which as I said before, most all of them are changing to 21 and up so they can have smoking. I just don't see how customers of businesses can let something so petty as this get in there way of going places. Yes I do agree that business owners should have a say, but businesses have to abide by tennessee laws before anything else so they will just have to get over it, as will smokers, no offense. yes smokers do have a right to smoke, but non smokers have a right to breath in smoke free air, for the thousandth time. Also, as I stated before, the law bans smoking from INSIDE public places, it doesn't say you can't go outside away from the front door and smoke. I'm sorry that you have a problem with this law because it is an inconvenience for you to walk your happy butt out the front door for a five minute smoke break. But smokers have to share the air with non smokers, thats just the way it is. TOUGH.

As for the democratic "rambling" Someone mentioned in an earlier comment, watch out or the whole state will go blue. Making a derogatory mark towards the democratic party, I am just tired of republican this or democrat that, I know it goes on all the time, it is just annoying me right now. It has nothing to do with this news article, and I'm sorry you couldn't establish that yourself.

CommentCharlotte Williams | 9/20/2007 - 11:03 PM - (CommentSuggest Removal )

Charlotte Williams you just don't get my point. Do you have the right to allow or disallow smoking in your home? Of course you do. Why shouldn't business owners have the same right? Don't confuse a restaurant as being a public place the same as a court room is a public place. The restaurant is a place PRIVATELY owned and open to the public. The court room is owned by the public. You may have to go to a court room in your lifetime, but you will never HAVE to go to Burger King. Before this law you could call Burger King and threaten them with the loss of your business, but instead you waited until the government took care of it for you. Why? And if the government can take away the right of business owners to make this choice, why do you think it is so far fetched that the government could ban certain foods? Obesity costs the public a lot of public money in health care (people on government funded health care plans). You hear all the time about these monster 2000 calorie gut busting burgers. Why couldn't the government step in and say nothing over 1000 calories is allowed on the menu? It could save money and benefit the public.

CommentMatt Stokes | 9/20/2007 - 9:26 PM - (CommentSuggest Removal )

Ms. Williams, you still don't get the point after all that ranting and raving. Business OWNERS, who take the risk of opening and maintaining a business should have every right to tell their patrons that their establishment permits smoking. If YOU don't like it, TOUGH. Either the business still flourishes, or it doesn't. The business owner can then decide to convert his establishment into a non-smoking atmosphere if he or she believes that profits will rebound. YOU are the one unable to compromise. Simply because you are unable to understand the logic of this situation gives you no excuse to drag your personal sinus problems into this debate. What's with this "democrat" rambling?

CommentRonald Simmons | 9/20/2007 - 9:23 PM - (CommentSuggest Removal )

Get real people, Tennesse is not banning smoking all together, they are banning smoking in enclosed public places. You can still go smoke in the car, at your home or driving down the road. It's not that big of a deal. They pretty much did this to protect non-smokers rights. Smokers say it's not fair to have restaurants ban smoking because it is there right to smoke where ever they want. Well non smokers have a right to not breath in all of those toxic chemicals, it's not fair for you to say if we don't want to deal with the smoke don't go there. That's not right at all. I have nothing against smokers, but when I breath it in constantly from random people all over the place, I end up having to go to the doctor over sinus problems, and I'm tired of it. Yes I did mention before that I go to bars to throw darts, but on those particular nights, which was only one night a week, I chose to go around it. Before this law I did not have this right at restaraunts, or anywhere else. I see this as a compromise, and I think you should to. Also as I said before this ban does not eliminate smoking all together, so people are still going to buy tobacco products, so this ISN'T going to be the downfall of Kingsport or the areas culture, get real. Also people on here are talking about banning food, well unlike food, using tobacco products is a PRIVILEGE not a necessity like food. And as I stated before food does not harm the people around you. As for the alcohol thing, I do think some stricter laws should be in place, I'm not saying ban it, but too many people still can't obey the laws in place now, and they drink and drive, and I don't know about you, but I believe I have the right to live. Also whoever dragged the negative democrat comment in, get over yourself. I'm neither a democrat or republican, I'm middle of the road, but I'm sick and tired of people dragging stupid crap like that in. Some democratic views are a little outrageous but I can see the point. And this new law isn't outrageous.

CommentCharlotte Williams | 9/20/2007 - 7:53 PM - (CommentSuggest Removal )

For those of you who want to know why we are behind the times when it comes to anti-smoking legislation, here is why: This area has been and still is, an agricultural area. Tobacco was and is a cash crop. For many years it was the only source of income for poor families. They had farms from which they could grow the food they needed, but their was no steady supply of cash to buy washing machines, cars, etc.or even have presents for Christmas. For Heaven's sake, there wasn't even electricity in many areas until the 1950's and 60's. Indoor plumbing was a luxury and outhouses the norm. Electricity, plumbing and cars were comforts that people here wanted, just like everyone else in other parts of the nation. But they had no cash to buy it with. There was very little industry in this region. One of the largest industries was/is Eastman. They supply many cigarette manufacturers. What is one of their premier sources of sales? Filter tow for cigarette filters.As Eastman goes, so goes the area. Whole industries sprang up in from tobacco. The only alternative source of income without tobacco was bootleg whiskey or timber, which deforested many areas. The government openly endorsed, encouraged and subsidized tobacco growth and to do that you had to encourage its use (or at least not discourage the use of it). Folks from other sections of the nation where there were manufacturing jobs that provided income, cannot possibly comprehend what tobacco meant to this region. It was everything.The climate was suited for it, folks enjoyed using it and money was to be made from its growth and sale. And it was LEGAL!! But more importantly..tobacco was KING!!! It was... at least in this area, political clout....and provided a political voice for the little guy. He needed the cash and any candidate wanting to take that source of income did not have a chance. Now,for those of you who are not from this area or are too young to remember, imagine for instance someone in Michigan proposing a law to ban the sale and manufacture of automobiles. How far would that politician get? Or banning wheat in Kansas? I dare say more elections were swayed by the tobacco lobby and their cash than anything else. And it was legal and wholeheartedly endorsed by the government. Duke University is a product of the tobacco industry. It would not exist without it. The comforts that many enjoyed in other parts of the nation did not exist in this area until tobacco money provided it. Tennessee had enacted tough laws against smoking as early as the late 1800's and early 1900's. But it didn't fly. Why? because folks needed cash that was provided by tobacco. You can't grow it just any where, so therefore the nation and the world depended upon this region to provide its tobacco products. It became ingrained in the culture here in this area. So unless you first understand how important tobacco was to this area, you cannot possibly understand why people are so resistant to anti-smoking laws. Is smoking bad..absolutely. But you cannot erase a whole culture that has existed for 400 years with the stroke of a legislative pen... without stiff resistance. Proof that it causes cancer and death did not stop it. What I am trying to say is, smokers and growers of tobacco are not evil people. It is a way of life that has been handed down for generations. It is what they do and what they know. Branding them wicked and evil... when it became a part of the culture while it was encouraged by our own government... is wrong. It will take time and it will take a new source of income.

CommentDale St. John | 9/20/2007 - 3:04 PM - (CommentSuggest Removal )

Can we be just a bit more alarmist here? Equating a ban on smoking with the rise of the Third Reich is about as gross of an overstatement and I have seen on this website (and that is saying a lot). F.A. Hayek wrote that state action in the economic sector is the road to serfdom, and as far as I can tell the state isn't limiting the sales of cigarettes. Y'all still have the freedom to pour your money down a rat hole. Just because you can't smoke at at a restaurant doesn't mean that Big Brother is watching you.

CommentRichard Brown | 9/20/2007 - 1:58 PM - (CommentSuggest Removal )

Mr. Stokes, you are right on point. I'm assuming all the other programmed robots didn't read this article, or they would be concerned as well. "Physical inactivity, poor nutrition, tobacco use, and risky alcohol use..." are the top priorities for a "healthier" Tennessee. The decision to be smoke free SHOULD have been decided by business owners. And it SHOULD have been forced up on these business owners by their own clientele. No, all the happy, complacent folk just wait for "daddy" government to make a decision for them, so that they won't have to make any effort aside from their oh-so-busy lives to actually participate in a free democracy. After this legislation, anyone could very well perceive Tennessee to be one of those eery "Blue" states. This reeks of the early stages of Totalitarianism. NOT the fact that tobacco has been banned form public areas, but because the government had to initiate and implement the process. Wake up people. You have a mandatory responsibility to participate in this great country.

CommentRonald Simmons | 9/19/2007 - 10:12 PM - (CommentSuggest Removal )

Well the next law will say that we are allowed just so much food in our home,and how much we can earn in a year.I'm glad we have freedom of speech. Maybe we need freedom of choice

Commentjesse sutton | 9/19/2007 - 9:44 PM - (CommentSuggest Removal )

Now, let's ban alcohol and get the drunk drivers off the road. That won't fly, you know why, our politicians all drink.

Commentjohn davis | 9/19/2007 - 9:29 PM - (CommentSuggest Removal )

If you want to smoke, go right ahead. I work in an ICU and I call smokers Job Security. If you saw what happens to smokers when they are older and get sick, you'd stop smoking right now.

CommentYou don't care, anyway. | 9/19/2007 - 8:49 PM - (CommentSuggest Removal )

I have 2 kids and I have smoked for 15 years now, and I can see other peoples points on smoking. It does smell bad and children should not have to be exposed to it, now as far as an adult they can make a choice not to be around it. I can wait to smoke after I eat and others should respect and not fuss over this new law because of others health.

CommentKristi Sampson | 9/19/2007 - 8:44 PM - (CommentSuggest Removal )

That's great! Tennessee is FINALLY catching up to Georgia. What does that say??

CommentYou don't care, anyway. | 9/19/2007 - 8:39 PM - (CommentSuggest Removal )

I'm glad restaurants will be smoke free, but instead of the government making the choice it should have been the restaurant owners.

If a restaurant owner wanted their business to be smoke free then they could have made it smoke free (i.e. Shoneys). And all you complaining about the smoke in restaurants should have let your preference be known by calling the managers and voicing your opinion and telling them until their restaurant is smoke free they won't get your business. Money has always talked and always will.

Mark my words obesity is next. The government will pass legislation on the fat content of the food, diet drinks will be all you are allowed to drink etc... If you want the government to make those choices for you fine celebrate this legislation that is about to go into effect, but I won't join you in that celebration.

CommentMatt Stokes | 9/19/2007 - 8:35 PM - (CommentSuggest Removal )

Oh please. You act as if smoking is some sort of civil right. You can still smoke at home, outdoors, and even purchase cigarettes under this ban so that state is not infringing on your rights at all. Thank you state legislature, you got this one right.

CommentRichard Brown | 9/19/2007 - 8:14 PM - (CommentSuggest Removal )

It is more dangerous for one to get in their car and drive to supermarket than it is for a smoker or a non-smoker to get cancer. Smoking is a choice one makes and since this is supposed to be a free country - what right does anyone else have to tell me what I should or shouldn't do to my own body. How many times have you walked out of a hospital only to see a nurse or a doctor smoking? Personally, I've seen quite a few. That "cheese burger" is more deadly to your body than a cigarette is. There are more obese people in this country than smokers and yes they do hurt others as well as themselves. An obese person has more health problems than any other person-Which in return causes the cost of health care to sky-rocket.

CommentRachael Morgan | 9/19/2007 - 2:30 PM - (CommentSuggest Removal )

Smoking is an unhealthy, nasty habit that affects not just smokers but also us nonsmokers. I've had to suffer with watery eyes headaches and the smell on my cloths I'd get in smoke filled rooms for years. It was either that or stay home. I'm glad that more controls are being put on it. Also, the added danger of second hand smoke takes a toll on all of us. The American Lung Association has a second hand smoke checksheet at http://www.lungusa.org/site/pp.asp?c=dvLUK9O0E&b=35422 that puts to rest any argument about whether second hand smoke harms people. Another thing that isn't mentioned because it doesn't have anything to do with health is the trash factor. All smokers may not be slobs but it seems all slobs may be smokers. Just look at our streets and public places and you probably see a lot of cigarette butts laying around. I hope by limiting the places people smoke that some of that mess might disappear. Perhaps with this law the next generation coming along will be healthier and smoke free.

CommentJoe Allison | 9/19/2007 - 1:13 PM - (CommentSuggest Removal )

This is the best ideal that American could do. I personal hate to walk in a place of business and can't breath because the smoke is so thick. if you want to kill yourself smoking do it away from your food.

CommentJosh Ray | 9/19/2007 - 10:13 AM - (CommentSuggest Removal )

Okay I understand them banning smoking in some public places like restaurants or hospitals. Someone mentioned watch out for the health police because of big juicy hamburgers. Well the thing is you choose to eat that hamburger, or choose to supersize your french fries, and the people around you are not affected. But when you smoke you don't give the people around you the option to whether or not the harmful substances go in their body or not, you make the decision for them. I think people got a good enough chance to prove they can be responsible with smoking after certain places chose designated smoking areas, but nobody followed the rules then, so they are just going to ban it all together. You can blame tennessee people for that one. One thing that gets me though is the bar situation. I used to throw darts in a dart league, and I want to throw again, but now I can't. Bar owners were given an option if you stayed open for 18 and up, you have to ban smoking, but if it is 21 and up, you can allow smoking in your bar. I have some issues with that, one is you can go to a gas station at 18 and legally buy tobacco products, so why can't you go to a bar where there is smoking. Another thing is the law is banning smoking for all ages in other public places, so why can bars have smoking as long as 18-20 year olds aren't in there, that just doesn't make sense to me. Bars should have to comply fully with the law to.

CommentCharlotte Williams | 9/19/2007 - 10:12 AM - (CommentSuggest Removal )

This IS crazy! Pretty soon we wont be able to drink beer and drive or have sex with our children.

Seriously, I can't believe how far behind the rest of the world we are in these parts. Something has to be done to help our children be smarter - the parents sure aren't going to do it.

Commentdave thomas | 9/19/2007 - 10:02 AM - (CommentSuggest Removal )

I want you all to think about something...I mean really think. In this nation over the last 10 years or so, there has been much legislation passed to stop smoking, we are told,because of health issues. We are told that health care costs have skyrocketed due largely to smoking. Now, with all of these anti smoking measures in place, shouldn't we see a dramatic drop in the cost of health care? Shouldn't our health care premiums go down instead of up? Especially if you are a non- smoker?(I am a non smoker and my premiums have went up over the past several years, not down) If our premiums and the cost of health care doesn't go down, then shouldn't we raise hell about it? I mean after all, if it is all about the skyrocketing cost of health care due to smoking, shouldn't we at some point, reap the financial benefits( at least in the form of lower premiums) from all this anti smoking legislation? What is good for the goose is good for the gander!!!

CommentDale St. John | 9/19/2007 - 9:55 AM - (CommentSuggest Removal )

Hitler called to let us know. "good idea"
Al Qaeda Backed him up

Locals say al Qaeda amputated fingers for smoking

Nationalist insurgents say al Qaeda excesses are behind their falling-out. Several sources said al Qaeda members burned a 7-year-old child alive and murdered women and other children in the towns and villages around the provincial capital of Baquba. They did not give names or dates to back up their claims.

"They [al Qaeda] ruled with tyranny. They really harmed our town, so we had to stop them, and they left, no return," said one young gunman, who claimed membership in the nationalist 1920s Brigades.

Other civilian and insurgent sources in the towns of Tahrir and neighboring Buhruz said al Qaeda had imposed strict regulations, including a ban on smoking -- punishable by the amputation of a finger or hand -- and a curfew on citizens walking in the streets after 4 p.m.

CommentBrian Haynes | 9/19/2007 - 9:38 AM - (CommentSuggest Removal )

Since the government wants to dictate our smoking of legal tobacco so much, why don't they just go ahead and ban the use of alcohol while they're at it. The only thing free in this country (and yes, I am still proud to be an American) is...well I just can't think of anything in this country that is free.

CommentRachael Morgan | 9/19/2007 - 9:32 AM - (CommentSuggest Removal )

I do believe it is the most stupid thing that has come out of the Governor's Office. They have never proved second hand smoke killed anyone.
Makes me want to go to the Cracker Barrel and sit in front of the fire and chew my tobacco and spit till the smokey fire goes out.
We are not free to do anything anymore!

CommentTracy Farmer | 9/19/2007 - 9:03 AM - (CommentSuggest Removal )

Do not eat that big fat juicy hamburger, the HEALTH POLICE at watching.

Commentjohn davis | 9/19/2007 - 7:51 AM - (CommentSuggest Removal )

smoking is not a choice you made. You may think you made a choice, but the people making money off you laugh every time they hear that. smoking is an addictive habbit worse than crack or herion, and you are trying to convince yourself and other people that you made a choice when you didn't. How does it sound for alcoholics saying they are making a choice to stay drunk?

You are not free to do whatever you want with your body, otherwise pot smoking and cocaine would be legal.

Cigarette smoking is a relic from times when there was not as much known about them. The ban on smoking in public places is just a step to the eventual outlawing of them in total which is long overdue.

And yes by the way I am a smoker. I quit for 15 years before i moved down here. It didnt take long for all the second hand smoke and crowds of smokers (which doesnt exist in most parts of the country anymore) hooked me right back into this disgusting habbit. I can't wait for them to outlaw it.

Commentdave thomas | 9/19/2007 - 3:03 PM - (CommentSuggest Removal )
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