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[Le Mars Daily Sentinel]
Le Mars, Iowa ~ Friday, October 10, 2008
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Smoking in most public places will be extinguished Tuesday

Monday, June 30, 2008

(Photo)
No Smoking signs started going up last week in preparation for the Iowa Smokefree Air Act which goes into effect Tuesday.

Lally's East Side Restaurant, in Le Mars, sported homemade signs Friday telling customers the establishment, which previously allowed smoking, will be smoke free July 1.

Lally's and all enclosed public places including workplaces, restaurants, bars, private clubs and outdoor areas where smoking is prohibited will have to hang No Smoking signs at every entrance come Tuesday.

About 25 people gathered at Le Mars Community High School Friday as Brent Saron, of the Iowa Department of Health (IDPH), outlined the Smokefree Air Act and its administrative rules and answered questions.

That information was shared as part of a workshop broadcast via the Iowa Communication Network (ICN) last week for eight communities in Northwest Iowa.

One of the main focuses Saron touched on was the possible penalties business owners or citizens could face if they refuse to comply with the new act.

"If your businesses are subject to inspections, those inspectors are going to observe whether you are in compliance with the Smokefree Air Act," Saron said.

Failure to comply could mean the loss or suspension of business licenses, civil fines and possibly criminal charges. Businesses could receive up to $100 for first offenses, up to $200 for second offenses and up to $500 for third offenses within the same year.

And if a peace officer witnessed an individual smoking in a prohibited area, he or she could write a citation of $50 to the offender.

That information can be found on the Smokefree Air Act website at www.IowaSmokefreeAir.gov, where the new law is outlined in detail along with its administrative rules.

Locally, one concern on the immediate horizon is how the Plymouth County Fair coming in July will be impacted by the Smokefree Air Act. Under the act's rules, smoking would be prohibited in any outdoor public seating areas and buildings.

Carol Schneider, a member of the Plymouth County Fair Board, who attended Friday's workshop said the board is going to have to study the law and become educated on its regulations.

"The fairgrounds is a very public place and we want people to come and enjoy it," Schneider said after the question and answer session. "The fair board needs to, at their July meeting, address the smoking act and how it affects them."

Saron also advised those gathered Friday of the No Smoking signs and what three items they are required to display: the international "no smoking" symbol or the words "No Smoking," the Smokefree Air Act website, www.IowaSmokefreeAir.gov, and the Smokefree Air Act Helpline, 888-944-2247.

The signs must be at least 24 square inches in size in a legible font. Samples of the signs are on the Smokefree Air Act website.

Another topic Saron discussed was who would be responsible for reporting and taking noncompliance complaints and enforcement of offenders.

The business owner's minimum obligation is to remove ashtrays, hang No Smoking signs and inform and request any individual smoking in a prohibited area to stop immediately, Saron said.

They are also encouraged to follow three other "voluntary" actions including refusing service to the offenders, asking them to leave or notifying the local law enforcement, Saron said.

Anyone can make a complaint of an individual or business in violation of the law to the IDPH by submitting it on the Smokefree Air Act website electronically, printing the form from the site and mailing it in or by calling the Smokefree Air Act Helpline.

For a first offense, once a complaint is determined to be legitimate, a letter will be sent to the business along with either a follow-up call or a visit to help educate the violator as to how to become compliant with the law, Saron said.

Any subsequent complaints will mean another letter and an "educational" law enforcement visit left to the officer's discretion as to how to handle the situation.

"They can tell you how to become compliant, issue you a written warning or bring information to the county attorney and prosecute," Saron said.

A Le Mars man asked if his privately owned welding business would be exempt from the no smoking act as the public does not have access.

The answer: No. Because the new ban prohibits smoking in all enclosed areas within a business to protect employees from second-hand smoke.

Another woman wanted to know how her trucking company would be affected as there is only one driver in each truck at a time, but they do switch trucks.

The answer: They are not regulated if there no nonsmoking employees present.

From a different community, a citizen asked whether smoking would be prohibited in an outdoor seating area of restaurants and bars.

The answer: Yes. If food or beverages are served and their is seating available in the outdoor area, smoking would be prohibited.

As the two-hour conference came to a close, Saron advised that people can go to the Smokefree Air Act website or call the helpline with further questions.

The administrative rules associated with the Iowa Smokefree Air Act were approved by the Iowa State Board of Health Friday. There will be a public comment period through Aug. 22.

Meetings will be scheduled in various communities to take those comments and through ICN broadcasts. People can also submit comments on the Smokefree Air Act website.


Comments
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It really doesn't have to do with smoking in our favorite places. It has to do with our government telling us what to do in a FREE country. This country was founded on Democracy and the only thing democratic about it is wether or not there pockets will beneift from it. We are a greedy country and our government is the worst to this fact. Fact: The smoking ban affects everyone BUT casino's. Wow I wonder how much under the table money was involved in that. Here's another one remember our touchplay machines? The government APPROVED them and after 4 months they took them away! Why you ask? Because casinos were losing major money because people didn't want to drive when then could go to a gas station and win some extra money.. I can't imagine how much under the table money was on that one. And the worst thing about that is all the businesses that purchased the machines got the tail end of it cause they still had to pay for them. And for my last point, our government votes on there OWN rasies!! ARE YOU SERIOUS?? While the white coller working man is busting is butt to make a meke living, and of course pay taxes, we have people who vote for there own rasies that are paid for by OUR taxes.

Its scary. This smoking ban is just another step towards a dictatorship. And every time we as the people are like "Ok this isn't adding up, our government is going to far". They scare you into believing that our terror alert is at Orange.. And you get behind your government to protect you. You can see where I'm going with this. Its just very nerve racking and scary to see all of this happen and my kids will be going through worse.

-- Posted by Huskerfan on Wed, Jul 2, 2008, at 8:50 AM

I have never smoked and never intend to, but I think this new Smokefree Air Act is absolutely ridiculous. The limitations it places on private citizens is frightening. I hope our law enforcement simply refers all complaints to the IDPH to deal with...it's their mess, let them deal with it.

This debate has been going on for decades. The bottom line is this: the federal and state governments do not want to ban smoking completely because they would lose a HUGE revenue source. Apparently their great "concern" for the health of smokers and non-smokers alike is far secondary to their concern over filling their coffers.

These officials need to make up their minds. Either smoking is legal or it isn't. The new legislation is so convoluted, no one will be able to figure it out until there have been dozens of lawsuits, padding the pockets of the attorneys who instigated this mess in the first place.

Here's an idea. (I know, it would never come to fruition, but it's fun to consider.) In "honor" of the Smokefree Air Act, don't buy any tobacco products for about three months. That should be enough time for the government to realize how much income they stand to lose if no one smoked and maybe they would reconsider this outrageous ruling. While this would mean going for 3 months without your daily dose, there are two potentially positive side effects. First, you may decide against a return to smoking, thus saving big money and improving your health. Second, if you do return to smoking, you may have succeeded in changing the legislation so you can again smoke in your favorite hang-outs.

-- Posted by FoodForThought on Wed, Jul 2, 2008, at 1:09 AM

See this is what some people cannot grasp. I do not drink nor do I smoke, so that does not mean I choose to sit at home in a boring little bubble. I will go out with my friends and family. I just choose not to purposly poisen by own body. How is it fair that ALL bars up until today are smoking bars? Where are the non-smoking ones for us who dont smoke but do drink or have friends that drink? I should not be punished because I want to leave the house and go out.

Do you people whining about the new ban know how many states already have this ban in place?? We are not the first and those states did not drop off the map. Their riled up citizens pulled the wadded up panties from their butts and went back to normal life (while smoking outdoors).

Also, I never knew so many doctors had time to sit and respond to news stories on this little newspaper's site.... Unless you aren't doctors and you aren't showing real facts about smoking, only your conspiracies on how smoking is good for you.

-- Posted by Amanda83 on Wed, Jul 2, 2008, at 12:02 AM

The point is the goverment taking away our rights. I mean really if you non-smokers don't like smoke then don't go to the bar. I can see in the work place, but it is everyone's choice which bar or eating establishment to frequent, so just don't go to the one's that allow smoking.

I don't like seafood so I don't go to Red Lobster... So my opinion would be you don't like smoke don't go to the bar. It should be the owner's choice to choose to risk losing the non-smokers by allowing smoking or lose the smokers by banning smoking.

-- Posted by workingmomof4 on Tue, Jul 1, 2008, at 6:52 PM

Let me start by saying that I am NOT against people smoking. My mother is a long time smoker and I happen to have 2 grandfathers that died of lung cancer. Both were still smoking when they died. And they were happy.

You all talk about people drinking or eating high calorie food?? Thats hardly the same. I have NEVER had someone elses drink CRAMMED down my throat. Have you?? My alcoholic beverage does NOT drift into someone elses face. Does yours??

And if I was fat, I am sure it would NOT be hazardous to YOUR health. So, If we are going to compare habits, lets compare apples to apples, shall we.

I don't think anyone has any problem with people who get thier nicotine fix with chewing tobbaco. Oh yeah! Thats because it doesn't effect anyone but THEM!

-- Posted by MommyinIOWA on Tue, Jul 1, 2008, at 6:28 PM

Im sure you don't drive a car that the exhaust hurts the air therefor goes into our lungs when we breath it in. I guess you don't watch violence on TV or use profanity in front of your child. I guess kids don't pick up on that and use it everyday. I guess you are perfect. Just because you don't smoke doesn't make this right by any means. We gave you the resturants. The only smoking place you could eat at was Lally's and still you complained about it. You had 6 different places to sit down and eat and we got 1 and you still couldn't leave it alone. You don't drink so I'm guessing you don't go to bars so why is that a problem for you? If you wanted to have a drink and you didn't want smoke around you go to 4 Brothers and us smokers can go to MR P's. But nope you have to complain about everything. The fact is our government is taking away our RIGHTS. I don't care if it has to do with smoking or religion or the way we live we are losing our rights one and a time and your HAPPY about it. This is the reason we are ignorat people. Its called slid of hand. They distract you while pulling the carpet from underneith without you even noticing. Oh trust me the time is coming and you will be in your little smoke free bubble wondering why we let it go this far!!!

The facts used against smoking, over half are made up or false. You can get lung cancer without ever smoking a cig or being around smoke. But we will not mention that cause smoking is bad.. Make sure you don't go to the casino cause you might run into that smoke smell and we wouldn't want that!!! Just giving you a warning!!!!

-- Posted by Huskerfan on Tue, Jul 1, 2008, at 4:27 PM

So Here Is Where It All Begins!

Our little society at each others throats, instead of pulling together we lash out on each other!? Confused once again!

To EVERYONE who has said their peace I am assuming after my comments you will be quick with your finger tips to snap back. Please enlighten me with your thoughts I'll be glad to answer your quick witted humor!

As for the ban "WOW" who would have thought that after our years of fighting for freedom and fighting for no segregated areas here we stand once again!

As if it wasn't enough to take away the one thing that makes some people "Relax, Help with Constipation and just feel free to do as they please" we sit here bashing each other for being Smokers and Non Smokers!? Ummm does that make sense??

As for the comment about going to restaurants and smelling like a smoldering ash tray, Well Sweetie that was just unnecessary.. I have worked in the restaurant business for over 10 years and they separate those sections VERY WELL! Suck it up you aren't going to die from that. Trust me we live in Iowa Correct?? Well lets see how many cases of Lung cancer do we see compared to pancreatic? Breast? Brain? and so on? What about our older gentleman dying from old war immunizations they received or the ammunition they were around!?

We live in a small state where farmers chemicals are going to kill us long before the darn smoke does!!!

I want to defuse the issue in which I just lit, for I don't need a ranting raving farmer going A-Wall trying to protect his land.

I am stating that you do an amazing job helping support your families and bring economic growth to our communities but the water and filtering company's aren't doing enough to protect our pipes, wells and systems from unconditioned fluids seeping in our lines!

Smoking is smoking, if somone chooses to inhale and kill them selves quicker let them! If you choose not to be aroudn it GREAT don't be... But EVERYONE stop whinning... WOW no smoking WOW to those who wanted this to pass!!!

Lets worry about the bugger issues at hand.

FREEDOM... Cause Whether you scrap book, fish, drive your car, ride a bike, ect... Something more of who YOU are as an individual will be taken away at some point also!

So stop with the snide comments, stop with the high school drama and take a step back to understand what another person is saying instead of always worrying about "ME, ME, ME, ME, ME!"

-- Posted by ConfusedParent on Tue, Jul 1, 2008, at 4:26 PM

It would be a different story if they stopped me from doing something I enjoy... like what?

Nothing that I do, hurts anyone. I scrapbook (I might get a papercut though), I read books, watch tv, watch movies, etc. I highly doubt they will remove television as it does not hurt anyone if I am watching it, unlike smoking hurts all those around it.

ohh... And about the 16 ounce steak thing. Who would think ordering a 16 ounce steak is healthy anyways? That is kind of common sense that you aren't supposed to eat that much meat in one sitting.

-- Posted by Amanda83 on Tue, Jul 1, 2008, at 3:22 PM

Dont worry Huskerfan I dont drink either.

-- Posted by Amanda83 on Tue, Jul 1, 2008, at 3:15 PM

Just wait NON-SMOKERS your time is coming too. Im sure when the government starts telling you that you can't do something you enjoy the shoe will be on the other foot. Just because you don't enjoy the smoke doesn't mean you have a right to tell anyone that they can't.

You sit there and point your finger at smokers telling us we are bad, but drinking is just as bad if not worse. Oh but that is socially acceptable so thats not a bad thing. Its not annoying watching some drunk idoit drive home and kill an innocent person. Lets not talk or do anything about that.

-- Posted by Huskerfan on Tue, Jul 1, 2008, at 2:49 PM

And red_elephant...Your just upset because the shoe is finally on the other foot. All I can say is deal with it as we as non-smokers have had to deal with smokers nasty habit. Suck it up.

-- Posted by MommyinIOWA on Tue, Jul 1, 2008, at 12:56 PM

VOTE FOR DON ROBERTS! He makes a lot of sense.

-- Posted by MommyinIOWA on Tue, Jul 1, 2008, at 12:25 PM

Don Roberts I really couldn't agree more with your last statement! Smokers took it for granted that they could smoke anywhere around anyone. It was up to the non-smokers to dodge the smoke. I guess the non-smokers get the last laugh!

-- Posted by Amanda83 on Tue, Jul 1, 2008, at 10:37 AM

Just wait, next you will not be able to order that 16 oz steak because our waiter believes your over weight so you must order from the low calorie menu

-- Posted by XWells on Mon, Jun 30, 2008, at 4:48 PM

Dear XWells.

Try counting how many calories are in 16 oz of steak. If you are only eating once a week, fine, or doing a manual job burning up 500 calories an hour, also fine but as one of three meals a day!!!! So, as a matter of common sense and in the interests of your health, try looking at smaller portions.

If you wanna recipe for an 6 or 8 oz steak with a few trimmings that will taste ten times better than a 16 0z slab of prime rib with a cheap au jus spilled over it, just give me a holla.

Why should everyone have to subsidize your medical insurance for the quadruple by-pass you'll be having in a few years time. Oh yeah, a bit like non-smokers having to subsidize your your medical insurance costs when you get lung cancer, emphysima, have a stroke, develop diabetes, get colon cancer etc., etc..

As much as I love smoking, and have defended the rights of smokers over the last three decades, this type of argument isn't going to score any points anywhere. Never has, never will and due to smokers attitudes and actions over the years, there aint much that can be done to reverse the trend.

"The meek shall inherit the earth" and all you pig-headed, arrogant smokers who thought it was OK to blow smoke anywhere and at anytime are getting your just desserts, get used to huddling in tight groups outside in the snow, rain and anything thing else nature wants to throw at you.

All these people wanted was a bit of consideration but you thought your rights were more important than theirs......BIG MISTAKE

-- Posted by Don_Roberts on Tue, Jul 1, 2008, at 7:58 AM

AWESOME! Big Government is sticking its nose where it doesn't belong and dictating to PRIVATE businesses how they should be run. WHOO HOO!

Since Gov. Culver's new law prohibits smoking in all privately owned and public spaces, it seems only fitting that the extra $1.50 tax he implemented last year on each pack of cigarettes should be lifted. After all, how can a state with one of the largest cigarette taxes in the nation AND a law banning the use of tobacco in private and public places still be allowed to benefit financially from the very product it so heavily regulates? How can Culver do everything short of outlawing tobacco products, and still collect huge profits from its sale? Does this seem hypocritical to anyone else? Private bars and restaurants should be allowed to run their businesses as they see fit, without government intervention. If a bar or restaurant owner stands to benefit financially from operating a smoke-free bar, he or she should feel free to do so. A business owner will ALWAYS do what is best for the business, and what is best for bar owners is to permit smoking in their establishments. Patrons who are no longer welcome in their favorite bar, club or pub will be forced to stay home or go elsewhere. The small business owner will suffer and jobs will be lost.

What, we should all wonder, lies ahead next? Will it be an "obesity tax" on fast food burgers? An "SUV tax" on those who choose to drive larger vehicles? How about a "dental tax" on cholates and candies that destroy our teeth? Will hair dressers be told how they may and may not style your hair? Will schools and libraries burn those books which the government deems "inappropriate"? What other choices will our elected officials make for us?

In implementing this absolutely inane law, Culver has said to the Iowa business owner, "I know how to run your business better than you do." He has dusted off 3 Democratic standbys; increased taxes, increased regulation and increased litigation, to take more freedoms away from Iowians. And while some non-smokers may be reveling in this latest abomination of freedom, we all need to be asking ourselves one question; "What's next?"

-- Posted by red_elephant on Tue, Jul 1, 2008, at 3:20 AM

AWESOME! Someone is protecting my right to NOT get lung cancer! WHOO HOOO!!!!

-- Posted by MommyinIOWA on Mon, Jun 30, 2008, at 10:51 PM

I too am concerned with this new law. It shouldn't be just smoker's who are upset. Seems to me that our law enforcement has better things to do than be "smoke police"!

Just one more of our rights taken away. Think they'll work on the drinkers next.

This is all just laughable.

-- Posted by ohyeah! on Mon, Jun 30, 2008, at 10:09 PM

I think they are finally doing something to help out the non-smoking community. I do not smoke and anytime I want to go anywhere I have to be subjected to so much smoke I smell like a smoldering ash tray when I leave. I have been waiting for this day for a long long time!! Thank you IOWA!

And I would not be offended if they made smoking against the law. I mean it is kind of extreme but doesn't hurt my feelings.

-- Posted by Amanda83 on Mon, Jun 30, 2008, at 10:06 PM

Just wait, next you will not be able to order that 16 oz steak because our waiter believes your over weight so you must order from the low calorie menu

-- Posted by XWells on Mon, Jun 30, 2008, at 4:48 PM

This is the biggest load of crap!! What happen to this country? I'm scared to find out what other freedoms we are going to lose. I mean come on now. You might as well make smoking against the law. This is absolutly ridiculous!!!

You can't even smoke OUTSIDE!!!!!! Seriously, all I can say is WOW!!!! And to all the people that wanted this I hope you are happy cause they are taking away our freedoms one step at a time. It may not involve you now but just wait your time coming. Soon our freedom of speech will go out the window. They started that with the "Bully Law"! Congradulations on the first step to a dictatorship ran country!!! I'm seriously worried..

-- Posted by Huskerfan on Mon, Jun 30, 2008, at 4:38 PM


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