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Letters of Support 

From healthcare professionals to students to business owners,
there is broad-based community support for a comprehensive
smoke-free regulation in Monongalia County

EDITORIAL
One Habit Teens Can Live Without: Cessation Initiatives Focused at Youth Not Just Blowing Smoke
THE DOMINION POST -- August 18, 2008

   How many times do adults have to be told our job is to set healthy standards — not compete with our kids for whose are lowest?  For instance, the smoking rate for adults in West Virginia is higher than it is among high school students, according to the state Division of Smoking Prevention.  Some might think, “praise be,” while others might ask, “what kind of example is that?”
   Truth be told, the difference in the numbers of adults and high school students smoking is negligible — 1.4 percent. That’s all that separates the 26.7 percent of adults and 25.3 percent of teens who smoke in West Virginia.  Obviously, many, if not most, of these high schoolers are not even old enough to legally smoke. And the vast majority of the others we cannot help but regret are already smoking. Other data on teen smoking — relative to West Virginia — is just as discouraging, including low tobacco taxes, weak cleanindoor laws, etc.  However, we are encouraged by programs like Not On Tobacco — a nationally, school-based smoking cessation program created by an assistant professor at WVU and a local physician, who is the director of the Prevention Research Center at WVU.
   But even more enlightening may be the research another WVU faculty member is undertaking with the data collected from the NOT program.  That research is being funded by a $146,500 grant from the National Cancer Institute and another $100,000 grant from the Maine Center for Disease Control and Prevention. What these professors hope to discover in the course of their work is why some teens are more successful than others at quitting and what factors into the difficulties other teens experience when trying to quit.  The grant from the agency in Maine will be used to facilitate the expansion of the NOT program, which has already won federal accolades.
   One consideration these WVU faculty members already have on their short list is creating an Internet-based program that lets teens access NOT from home. Good plan — no one is more comfortable with the Internet than high school students.  Our newspaper stands squarely behind initiatives that prevent, dissuade and end smoking among teenagers. Smoking cessation programs for teens should be our focus for many reasons, including the likelihood they will have a far better success rate than adults, simply because adults have smoked longer.  We cannot afford to sit by silently and let the worst examples set the standard for the rest of us. This means speaking up for clean indoor air laws and supporting programs like NOT.
  Being a teenager does not grant you immortality. What it does give you is a fresh start in life. 
And life is way too cool to ruin with smoking.

Time for Bell, Kennedy to Do the Right Thing
THE DOMINION POST -- August 15, 2008

   Why hasn’t the County Commission filled the vacancy on the Monongalia County Board of Health? The county commissioners have an unprecedented number of qualified applicants from which to choose.
   Commissioner John Pyles is to be applauded for his efforts to fill the BOH vacancy.
   Each of his four attempts to appoint someone to serve on the BOH has died due to a lack of action from commissioners Asel Kennedy and Bob Bell.
   It is clear county commissioners Bell and Kennedy are not interested in appointing a member to the BOH who is well informed on the dangers of secondhand smoke exposure. Nor do they want to appoint someone to the Board who is interested in banning smoking in public places.
   Could it be possible these commissioners are searching for someone with a health background who would agree to ignore the clean indoor-air recommendations of the U.S. Surgeon General — our nation’s highest health authority?
   The scientific evidence is overwhelming:
   Secondhand smoke causes disease; even brief contact with secondhand smoke adversely affects our cardiovascular and respiratory systems.
   Smoke-free environments are the only way to effectively protect people from the harmful effects of secondhand smoke in indoor spaces. No level of exposure is safe.
   Eliminating secondhand smoke in public places would have a tremendous, positive impact on the public’s health and would save countless dollars in health-care costs locally.
   It is time our county commissioners fill the vacancy on the BOH with a person who will not shy away from protecting everyone from the dangers of secondhand smoke, regardless of their age or where they work.
  
Cecil Pollard -- Morgantown

GUEST COMMENTARY
BOH Cannot Afford to Make a Mistake
THE DOMINION POST -- July 27, 2008

   At the Monongalia County Board of Health’s May meeting, after more than six months of discussion, the issue of smoke free air was again tabled. Thursday will bring yet another opportunity to either take action or to continue to stall. Some members of the BOH may be sincerely attempting to draft a clean indoorair regulation that protects some of the public, yet also accommodates the wishes of business owners to choose whether to allow smoking in their establishments. If this is true, please consider the following when crafting the regulation.
   Secondhand smoke is toxic to everyone, both adults and children, whether or not they choose to be exposed. Yes, many other things are bad for people. But the topic at hand and under the purview of BOH is secondhand smoke.
   Young people, though legal adults, do not generally put their long-term health first when seeking employment or participating in the normal social activities of college life. Informed officials must sometimes make decisions that are in their best interest (like requiring vaccines to enter college).
   Exemptions often bring legal challenges, as they are ambiguous and difficult to write in a way that achieves the intended result.
   Providing an exemption for some businesses fails to create a level competitive field.
   Exemptions create inconsistencies that make enforcement problematic.
   Exemptions create problems for adjoining businesses. It is nearly impossible to prevent cigarette smoke from entering adjacent buildings and shared entryways.
   If accommodations such as “smoking rooms” are permitted that require costly construction, it will be very difficult to later strengthen the regulation once businesses make the investment.  Such accommodations are not only ineffective, but are unfair to business owners who can’t afford them.
   Exemptions leave workers and patrons completely unprotected in the very places where the problem is the worst.
   Public health policy must not be written to support and promote addiction to a substance that ravages health and places an enormous economic burden on society. This does not serve the public good in any fashion especially when 80 percent of our county residents do not smoke.
   While initial resistance by a segment of the business community can be expected, the community will adjust and the BOH will be able to rest assured that it took a courageous stand and did the right thing for the health of the community it serves. You are aware that community health statistics dramatically improve and that smoking rates decline after comprehensive public smoking bans are implemented. With absolutely no public health grounds for exemptions, a uniform regulation is clearly the best way to protect citizens and workers.
   The decision to take the only action that will adequately protect the community remains in the BOH’s hands. No one wants to continually revisit this contentious issue. If this is indeed the only health decision the Board of Health will make, I urge it to not make a mistake.

Catherine Whitworth -- Morgantown
Co-chair of Smoke Free Mon County

Ventilation systems only remove odor, not risks
THE DOMINION POST -- July 30, 2008

   Regarding the letter to the editor (DP-July 24) on having restaurants install ventilation systems as an alternative to going 100 percent smoke-free: It certainly sounds like a good solution. Unfortunately, ventilation systems only serve to eliminate the odor of cigarette smoke. There is no ventilation system that can get rid of the particles and gasses emitted by cigarettes that contribute to cancers and other diseases. Some research suggests that ventilation systems can even make the secondhand smoke problems worse by circulating poisoned air from areas of a building that allow smoking to other areas of a building that may be smokefree.
   These poisons released into the air include arsenic, formaldehyde and hydrogen cyanide.
   Even if we were only trying to eliminate the odor of cigarette smoke, ventilation systems are expensive. Not all business owners can afford to replace/update these systems.
   Businesses that are 100 percent smoke-free need not worry about installing new and expensive systems that do nothing to protect the health of their employees or customers.
   I sincerely hope the Monongalia County Board of Health sees fit to make an informed decision, based on scientifically valid evidence rather than a decision based on the unfounded fears and/or addictions.
   All employees deserve a safe working environment and business owners deserve a level playing field.
  
Angela M. Lacey -- Morgantown

Air Filtration Systems Not a Workable Solution
THE DOMINION POST -- July 26, 2008  

   John P. Kuehn’s suggestion that air filtration could solve the smoking ban controversy is well intended (DP-July 24). If only it were that easy!
   Unfortunately, even the best filtration systems cannot remove all the toxins that smoking releases into the air. Filters make the air less offensive and give people a false sense of security; but according to the U.S. surgeon general, cleaning the air and ventilating buildings cannot eliminate exposure.
   Even the manufacturers of ventilation systems admit that their products do not eliminate health risks associated with secondhand smoke. Of the many disclaimers I have seen, one manufacturer says it best: No air cleaner can protect against the harmful effects of secondhand tobacco smoke. Clean air begins with a smoke-free environment.
   The American Society of Heating, Refrigerating, and Cooling agrees. Their published report concludes that the only means of effectively eliminating health risks associated with indoor exposure is to ban smoking activity. No other engineering approaches have been demonstrated or should be relied on to control health risks from exposure.
   Thank you, Mr. Kuehn, for proposing a possible solution to this dilemma. I wish more people were giving serious thought to this serious problem. However, medical experts and ventilation experts agree, the only way to ensure safety is to ban indoor smoking.
  
Alex Lubman --  Morgantown

BOH has the Authority to Enact Clean Air Laws 
 
THE DOMINION POST -- July 7, 2008

   The state Ethics Commission has issued a “dismissal order” on a conflict of interest of three of the [Monongalia County] Board of Health members. This is good news as it now clears the path for the BOH to vote on the proposed clean indoor air regulations. One of the “powers and duties” of the BOH, according to state Code (Chapter 16 article 2-11.(ii)) is “environmental health protection including the promoting and maintaining of clean and safe air.” It is the BOH’s directive to enforce public policy. It was expressed by members of the BOH that the conflict of interest complaint was a roadblock to voting. Since this perceived roadblock has been removed, it’s time for the BOH to vote.
   Voting for clean indoor air is not new to state law. According to the state Supreme Court (214 W.Va. 818, 591 S.E.2d 744 dated 2003): “It is clear from the face of the statute that local boards of health have been granted express responsibility for promoting and maintaining ... clean and safe air which may include adoption and promulgation of rules consistent with state public health laws and the rules of the state department of health and human resources that are necessary and proper for the protection of the general health of the service area and the prevention of the introduction, propagation and spread of disease.”
   In addition the court states “Clean indoor air regulations of local boards of health that place restrictions on smoking in enclosed public places (1) are consistent with the findings of the Legislature that smoking may cause lung cancer, heart disease, emphysema and other serious health problems, (2) advance the legislatively prescribed public policy to provide the state with a citizenry free from the use of tobacco, and (3) fall with the bounds of authority granted by the Legislature to such boards.”
   With regards to the BOH’s consideration on exempting certain establishments that serve liquor because they are “private” not public places, the Supreme Court further ruled clean indoor air shall be applied to all businesses the public may enter. West Virginia Code 60-7-2 (1967) Repl.Vol.2000) (214 W.Va. 818, 591 S.E.2d 744 dated 2003): “We note, however, that, notwithstanding their designation as ‘private’ clubs, these establishment are subject to regular inspections for other purposes deemed necessary for the safety and health of the public, such as inspections for the cleanliness of kitchens and the proper handling of food sold on the premises or compliance with fire code requirements. Thus, we find no constitutional or legislative bar to such establishments being subject to the provision of smoking regulations, or any other type of health or safety regulation, solely because they are licensed to sell alcoholic beverages.”
   The BOH has the power and duty to enact clean indoor air regulations. Any argument contrary has been before the state Supreme Court. The BOH also has the responsibility to enact a comprehensive indoor smoking ban. It is past time for the BOH to put the issue to rest by assuming leadership, ending the delays and passing a smoke-free regulation that can be fairly applied and will provide protection to all.
  
Dave Harshbarger --  Morgantown

BOH Should Approve Ban on Smoking Immediately 
  THE DOMINION POST -- June 21, 2008

   The seemingly endless debate concerning the smoking ban has begun to defy all logic. The task of the [Monongalia County] Board of Health is to protect public health. It is not economic impact or development. The question before the board seems to be a simple one: does secondhand smoke in public areas negatively affect the health of nonsmokers?
   Any reputable peer reviewed study of this question always answers yes. Given the overwhelming amount of data to support the adverse affects of secondhand smoke, how can the board vote for anything other than a stringent ban on all smoking in public places, including establishments that serve alcohol?
   The board is negligent in their responsibility by not implementing a smoking ban.
   Much of the debate has turned to who is on the board and what connections they have. It seems to be a common theme in West Virginia that those serving in public office often have “connections” that at the very least lend themselves to perceptions of a conflict of interest.
   The Monongalia County BOH is not immune from this West Virginia virus. Like it or not, in the eye of the public, perceptions are reality.
   To avoid even the perception of a conflict of interest, responsible public officials with certain “connections” should remove themselves from any vote that creates exceptionally loud discourse.
   The deafening volume of the smoking ban debate should force the BOH members to honestly and ethically review how they are perceived in the public eye.
   The BOH should make every effort to protect the public health. They should approve the ban as soon as possible. Any economic impact or development issues should be left to other politicians.
  
Chris Nichols --  Morgantown

It’s No Wonder BOH’s Ethics Under Suspicion
 
THE DOMINION POST -- June 12, 2008  

   Some members of the community have raised questions about Smoke Free Mon County’s ethics complaint against three members of the Monongalia County Board of Health. BOH Chair Sam Chico has said that this action resulted in a delay in passing a new clean indoor-air regulation. Three members of the BOH have made it clear they are not in favor of passing a simple, fair, smoke-free regulation that protects everyone. They maintain this position even in the face of overwhelming evidence that secondhand smoke is a public health hazard. Their actions and comments indicate that they favor exempting the very places where the most secondhand smoke exposure occurs.
   When our BOH members ignore worldwide health authorities and pander to the business interests of their friends and relatives, they should not be surprised to have their motives questioned and to be accused of unethical behavior. When the BOH’s chairman ignores that body’s by-laws, he should expect to be called to task.
   When one county commissioner who participates in making appointments to the Board of Health also sits on the Board of Health, he should expect people to question his motives. Meanwhile, incredibly, a second county commissioner states that the BOH’s role “is not a health thing” and that the board requires “people who are more business-minded.” He too, should expect to be subject to public scrutiny. BOH by-laws require the board to protect and promote public health. With three businessmen serving, there is more than enough business interest representation on the BOH.
   Chico scolded Smoke Free Mon County for questioning the board’s ethics. Yet he refuses to address our complaint in accordance with the board’s own bylaws. The BOH has been asked to address the issue of secondhand smoke at every meeting since April 2007. Smoke Free Mon County presented the board with a model regulation in November 2007. In March 2008, after having had the regulation in their possession for months, it appeared most members had not even read the document. As long as they continue to ignore the facts and shirk their duty, Smoke Free Mon County and a growing segment of Monongalia County’s population will continue to question their motives, their ethics and their ability to lead our community.
   Ask yourself: What motivates these men? It is clearly not the health of our community that guides their decisions. It is time for the majority of residents who want to see this regulation passed to call them out. The phone number for the local health department is 598-5100. Give them a piece of your mind.
   While you are voicing your concerns, contact the County Commission at 291-7257 or attend its next meeting and let them know you want a qualified candidate appointed to the BOH; one who will promote public health.

Catherine Whitworth
Valerie Frey-McClung
Smoke Free Mon County -- Morgantown


Monongalia County Health Officer Urged BOH to Approve Smokefree Regulation
(Smoke Free Mon County obtained this letter by Freedom of Information request)


Dear Board Members:


   I am writing this letter to inform you of my support for the proposed smoking ban which you as a Board will be voting on March 27, 2008.  I strongly encourage the Board to vote for the ban as proposed.
   There is a great amount of evidence supporting the dangers of second band smoke exposure.  It is our obligation as the Public Health Department to protect all of our citizens from the dangers of any health risks. The main argument against this ban is the infringement on a person's liberties.  However, in any case where a health risk has been imposed on an individual those liberties are lost.  The job of the Health Department is to investigate those health risks and do what is mandated by our state code to protect the person.  Many nations, states, and countries have recognized and implemented total smoking bans in public places.
   A public place is an establishment, which the public is invited to come into. We currently are allowing our citizens to be exposed to toxins if they want to bowl, gamble, eat out, or have a drink at the local bar.  All these establishments are required by law to serve safe food, drink and air. If the Health Department were called in to one of these places to investigate a faulty heater which was putting out a toxic substance, we would certainly be expected to act on it and force the business to fix the problem.  Toxic air due to smoking is no different than due to a faulty heater.
   The argument that it is a person's choice to enter or not to enter into any of these establishments does not hold up either. If that were the case, that argument can be used against any environmental health exposure.  If a person lives near, works near, travels by, or entertains himself near a toxic substance, the comparable solution to reduce his/her health risk would be to move, change jobs, take another route, or go somewhere else to entertain himself.  I hope the public health solution would be to clean up the toxic substance.
   On March 27th, I strongly encourage the Board to choose the public health solution, which is to clean up the toxic substance and not to expect the public to go somewhere else to breathe clean air. Please vote aye for the proposed smoking ban. Keep Monongalia County at the cutting edge of public health in our state.

Sincerely,

Vincent P. Kolanko, M.D.
Monongalia County Health Officer


Vote of ‘No Confidence’ in Our Board of Health  
THE DOMINION POST -- June 4, 2008 

   I think it is terrible the way the [Monongalia County] Board of Health is continuing to delay taking action to protect public indoor air.
   I am sure the Board doesn’t have lengthy debates about the business consequences of requiring a clean kitchen, so why such angst over regulating clean air?
   The Board’s inaction makes me think that the recent questions about conflicts of interest of some board members are probably valid. Can the citizens of Monongalia County vote “no confidence” in this Board?
  
Karen Fitzpatrick, MD --  Morgantown

Put Public Service Before Self Interest 
THE DOMINION POST -- June 3, 2008   

   It is well past time for the Board of Health to pass a comprehensive clean indoor air regulation in Monongalia County. The harmful effects of environmental tobacco smoke are clear and well known.
   Local boards of health sometimes face difficult decisions because of perceived conflicts between the rights of individuals and the health of communities. In this instance, the Board seems to be extensively influenced by a small group of employers who contend that their rights to allow smoking in their business places are of higher priority and of greater significance than are those of the public’s right to a environment free of cigarette smoke.
   Principles of fair and ethical policy decision making strongly dictate that those who have conflicts of interest on a policy issue should refrain from taking part in, and voting on, that issue. Consistently, members of the Board who have fiscal conflicts of interest should abstain from all deliberation regarding the proposed smoking ban.
   Ironically, there is no scientific evidence that clean indoor-air legislation has negative consequences on businesses. Even if it did, that should not be a concern of a county board of health.
   It is both mind-boggling and infuriating that our local Board sees fit to delay action, withhold information, and respond as it has to a county smoking ban. It is time for the Board to act with courage and not cowardice, public service rather than self interest, and health protection rather than disease promotion.

Geri Dino, Ph.D. Director
Prevention Research Center -- Morgantown

Shame on BOH for Delay of Vote on Smoking Plan 
  THE DOMINION POST -- June 3, 2008  

   The actions of the Monongalia County Board of Health are appalling.
   Board members Robert Bell, Sam Chico and August Lucci have succeeded in delaying the vote on the issue of indoor smoking beyond the tenure of a board member who was in support of the clean air ordinance.
   Now, with supporter Dorcas Davis gone from the board, these members will be free to abstain from voting on the measure without having to worry that an effective clean indoor-air ordinance will pass.
   These three board members’ business and political interests have gotten in the way of their duty, and are an example of the corrupt small town politics that are responsible for maintaining the miserable health status of West Virginia compared to the rest of the nation.
   That said, congratulations and thanks are in order for Davis and other individuals who have taken on roles of public service in sincerity. It seems that here in Monongalia County such sincerity is hard to find.
  
Jared Pomeroy -- Morgantown

Defending Our Health May Require Restricting Rights 
THE DOMINION POST -- June 1, 2008  

   Michael Bridges of Cheat Lake is firmly in favor of his right (DPWednesday), and that of anyone else, to smoke. I have no quarrel with that.
   I don’t know whether Christina Mickey, to whom Bridges addresses his letter, objects to his smoking in his own home.
   Having had to stop smoking a pipe decades ago, because of cancer indications — and having lost relatives on both sides of my family to cancer — and having had cancer surgery myself last year, I am as firmly opposed to having to breathe someone else’s smoke as Bridges is to anyone’s regulating his smoking.
   I don’t know anyone who gleefully rubs his or her hands together at the prospect of reducing somebody’s pleasure; the point is that I object when someone else’s pleasure endangers my health.
   When I’m walking in the country, I object to the noise of ATVs impinging on the quiet, but ATV legislation is based on safety more than on one person’s pleasure becoming another person’s nuisance. I myself play Highland Scottish bagpipes, and I have been lucky so far in not finding myself with neighbors who object. But people usually either love or hate the sound of bagpipes; if Bridges lived above me and objected to the sound, I would be obliged to find someplace else to practice.
   Likewise, I would regret his or anyone else’s smoking near my home, but I wouldn’t try to regulate their behavior in their own home. If laws are eventually passed that regulate people’s right to smoke outside their homes, I will breathe easier and won’t be obliged to hold my breath every time I pass a smoker on the street. Since I am a musician and sometimes play in bars, I can’t do much about the fact that I sometimes come home stinking of cigarettes merely because I’ve spent a few hours not far from smokers.
   Alcohol, exhaust fumes, fatty foods all have their lovers and their detractors. I am not trying to deny anyone’s right to indulge in them when they can do so without threatening the lives and health of anyone else.
   If I were to be forced to stay home because a drunk driver might hit me, to travel only to certain smoke-free places because I might encounter a smoker who cherishes his or her right to smoke as much as I do my right to breathe, I would feel as discriminated against as Bridges does himself.
   Speaking unofficially for others whose health is impaired, we are not trying to abridge anyone else’s rights.
   But if defending our own lives and health impinges on those rights, we can’t help feeling that collateral damage in the form of some restriction of rights as unavoidable when we are doing what we can to retain our lives.
  
Daniel Musick -- Morgantown


What’s Next to Protect the Public’s Health?
    THE DOMINION POST -- May 29, 2008

   If you own or operate a bar or video lottery business in Monongalia County, you are probably happy with the Monongalia County Board of Health. The rest of us are shaking our heads in disbelief. Many of us want to know why our BOH is dodging its duty, which is to protect public health.
   The board’s obligation is not simply to protect children, or patrons and employees of whitecollar businesses. Their charge is to protect the health of everyone. State law requires that local boards of health maintain clean and safe air. Clean indoor air is not optional.
   Standards for local boards of health are posted on the secretary of state’s Web site. According to these public health rules: “The board shall provide ... a safe and healthy environment, and maintenance of clean and safe air ... through a program of routine public health environmental education and control.”
   The BOH has the facts. They can’t claim ignorance. It’s time board members explain why they are refusing to protect everyone from secondhand smoke. Why are bar and video lottery owners dictating public health in Monongalia County?
   Our public health rules and laws about clean air have been upheld by the state Supreme Court. Perhaps it is time for a legal challenge. Is that what it will take to get our BOH to act?
  
Cecil Pollard -- Morgantown

Bell Should Not Vote at Thursday’s Meeting  
THE DOMINION POST -- May 28, 2008

   At the special meeting of the Board of Health in April to discuss the smoking regulation, [Monongalia] County Commissioner Bob Bell’s rather hostile questions and statements tells me that he does not understand nor care about public health.
   He seems much more concerned with the opinions of a few bar owners than the needs of the public. They [the public] elected him to his post — not a bar owner who has contributed to his campaign.
   Bell should resign his seat on the Board of Health. Since he isn’t about to do that, at the very least, he should not vote at this Thursday’s meeting on the smoking regulation.
  
Robert Anderson -- Morgantown

Ethics Commission May Want to Look at BOH
THE DOMINION POST -- May 28, 2008
  
   I am a private citizen and taxpayer in Monongalia County. Last Thursday evening, I happened to tune in to “The Law Works” on WNPB and learned about the state Ethics Commission. Then, when I read the attached editorial in Sunday’s The Dominion Post, I thought that this issue might very well warrant the Ethics Commission initiating a complaint and investigation. It seems that at least one member of the Monongalia County Board of Health may have a conflict of interest regarding the Board’s ongoing consideration of a proposed regulation that would ban smoking in restaurants, bars, etc.
   Perhaps the ethics panel is already aware of this situation. If it isn’t aware of this issue and if it’s worthy of consideration, then I will be satisfied I have brought it to its attention. At the very least, the Ethics Commission may have reason to offer counsel to members of the BOH before they vote. As I understand the issue no board members have recused themselves from deliberations on this issue in public meetings of the BOH to date.
   Note that the Board of Health plans to meet on Thursday to vote on this proposed regulation.
  
Robert M. Castellan -- Morgantown

Nonsmokers Majority, Not Just a Niche Market
   THE DOMINION POST -- May 28, 2008

   Mel Bankhead’s letter to the editor (DP-May 20) amusingly generalizes all supporters of smokefree air as tee-totaling prohibitionists, assuming that people who don’t want to breathe cigarette smoke want to outlaw drinking.
   He and many other local bar owners fail to understand simple economics. Some 80 percent of our county’s residents are nonsmokers. That’s more than just a niche market. Many of the people who want to see the smoking ban pass would very much like to enjoy the area night life without having their eyes and throats sting, their clothing and hair reek of smoke, and without exposing their lungs to carcinogens.
   While we appreciate those restaurants that offer a smoke-free dining experience, our entertainment choices are extremely limited. To my knowledge, Rain is the only bar in the county where a person can listen to live bands and enjoy a cocktail without having to breathe other people’s smoke. The 80 percent of our county residents who do not smoke would like more choices. They want to go bowling, sing karaoke, watch sports, and for those who imbibe, drink. If most of your clientele are smokers, have you ever pondered why that is? And, yes, there are even potential customers who might like to visit an adult business like Bankhead’s, if it weren’t for the toxic air.

Catherine Whitworth
 Smoke Free Mon County -- Morgantown

GUEST COMMENTARY
Clearly, Some Board of Health Members Should Step Aside
THE DOMINION POST -- May 18, 2008

   You don’t have to smoke for smoking to harm you. That’s why last November the Tobacco Prevention Partnership asked the Monongalia County Board of Health to update its outdated clean indoor-air regulation. The BOH was asked to follow recommendations from the U.S. surgeon general and prohibit smoking in all public places and workplaces in the county.
   Smoke-free policies are nothing new. Indoor smoking has been successfully banned in 12 countries, 22 states and 17 West Virginia counties because secondhand smoke is a known health hazard.
   The smoke-free policy proposed for Monongalia County has widespread local support, including the backing of members of the medical community, many local businesses, WVU student and faculty groups, the Morgantown City Council, The Dominion Post and The Daily Athenaeum.
   State law gives local boards of health the responsibility of regulating indoor air. The Monongalia County BOH exists to protect and promote public health; that role is stated clearly in the board’s bylaws. The board has been presented with a mountain of scientific evidence on the dangers of secondhand smoke and the benefits of smoke-free policies, including the summary of the latest surgeon general’s report on secondhand smoke and fact sheets like these found on the Centers for Disease Control Web site:
   Smoke-free policies improve air quality.
   Smoke-free policies improve health.
   Smoke-free policies reduce smoking.
   Smoke-free policies do not hurt the hospitality industry.
   The evidence shared with the BOH is so compelling that it is difficult to understand why the board would choose not to act. Yet, it continues to evade the issue, propose broad exemptions and stall.
   Why? Perhaps it is because three members, Sam Chico, August Lucci and Bob Bell, have clear conflicts of interest.
   A conflict of interest exists when the actions of someone in a trusted position (such as members of the BOH) are influenced or perceived to be influenced by the outside business interests of that individual, a close friend or a relative.
   Chico, BOH chairman, owns a chain of 40 convenience stores, and profits from cigarette sales. According to the National Association of Convenience Stores, cigarettes account for roughly 37 percent of sales at convenience stores. Since smoking bans have been shown to increase quit rates and decrease cigarette sales, Chico has an obvious conflict of interest. Less smoking is good for public health, but likely bad for Chico’s business. Clearly, he should step aside.
   Lucci is employed by his nephew, who provides leadership and financial backing to the group opposed to the proposed smoke-free regulation. Lucci’s nephew and employer owns or has interests in a bowling alley, a Hot Spot and a bar, all of which he claims will suffer if a smoke-free policy passes. Undoubtedly, Lucci is in a position to be influenced through his employment and family relationship. Clearly, he should step aside.
   The three members of the County Commission decide who sits on the Board of Health. Commissioner Bell appointed himself to the BOH. He also appointed Chico to the board at the time of numerous controversies involving Bell’s own conduct on the BOH. The Dominion Post reported that “Chico submitted a letter of interest just one day before the vote” that seated him on the board over a local physician.
   Bell’s campaign finance disclosure shows the Chico family and related businesses contributed at least $6,000 to Bell’s campaign, representing nearly half of all contributions more than $250. Coincidentally, the vice president of Suburban Lanes Inc. also made a $1,000 contribution to Bell’s campaign. Suburban Lanes is the establishment that employs its family member, August Lucci. The public could easily perceive that Bell has a conflict of interest. Clearly, he should step aside.
   Boards of health are intended to be free from political pressure to ensure the public’s health is considered above all else. Governmental bodies, such as the Monongalia County BOH, should perform their duties with integrity and in a manner that avoids even the appearance of wrongdoing. For this reason, BOH bylaws forbid members to participate in issues where a conflict of interest exists.
   At the March BOH meeting, Chico and Lucci were charged with having conflicts of interest regarding the proposed smoke-free policy due to the nature of their businesses. The board violated its bylaws when it dismissed the conflict of interest assertion, rather than putting the matter to a vote.
   Competing personal and professional interests make it difficult for board members Bell, Chico and Lucci to fulfill their BOH duties impartially. Even if no improper action occurs, a conflict of interest creates the appearance of impropriety that can undermine public confidence.
   To remove all doubt that personal interests might affect their actions, Lucci, Chico and Bell should voluntarily abstain from further discussions and all votes on the proposed smoking regulations under consideration by the BOH. Clearly, they should step aside.


Valerie Frey-McClung

is co-chair of the Smoke Free Mon County Coalition. She lives in Morgantown. This commentary should be considered another point of view and not necessarily the opinion or editorial policy of The Dominion Post.

Tobacco Companies Opt for Profits Over People
 THE DOMINION POST -- May 16, 2008

   Last week, according to Mel Bankhead, we were “mercenaries.” His latest desperate claim about smoking ban supporters is that we are all unwitting “pawns” of the evil pharmaceutical empire. Even if drug companies were funding smoking bans to sell more product, their actions pale in comparison to the tobacco industry.
   For decades, the tobacco companies’ own studies showed that cigarettes were addictive. While denying that fact to the public, they manipulated the amount of nicotine in cigarettes and added substances to make them more addictive. When it became clear that smoking causes a multitude of health problems, the tobacco industry mobilized its resources to block laws restricting tobacco use. That’s the only reason a product that kills about half of the people who use it is still legal at all. Tobacco companies spend $13.4 billion marketing their products in the U.S. and $132 million in West Virginia to replace the customers they kill. Then there’s the development of strawberry, watermelon, and banana flavored products to get young people hooked. It’s hard to top tobacco companies for capitalism at its worst.
   Tragically, smokers are the ultimate industry pawns. An overwhelming majority of the people who begin smoking will quickly become addicted. Many people manage to quit, but far too many remain addicted for life. People who are addicted to a substance like tobacco pay an enormous price, not only in the money they throw away. The real price is ruining their own health, and if they smoke around others, the health of their families and co-workers. Many addicted smokers understandably oppose a ban on smoking in public establishments because it will disrupt the routines they’ve built to satisfy their need for that next cigarette.
   In Morgantown, the group fighting so hard to keep the Board of Health from implementing an effective public smoking ban, like the tobacco industry, will gladly destroy your health as long as they can turn a profit from it.
  
Catherine Whitworth
Smoke Free Mon County --  Morgantown

Three Members of BOH Ignoring Sworn Duty
THE DOMINION POST -- May 7, 2008

   One thing became clear at the April 16 [Monongalia County] Board of Health meeting. There can be no doubt that Board members Sam Chico, Robert Bell and August Lucci are ignoring their sworn duty to protect the health of all members of the public.
   It is clear that Chico understands that secondhand smoke is a serious health threat. He repeatedly expressed a desire to ban smoking in those places his family frequents; hotel rooms and hospital entrances. Yet he seems unwilling to limit exposure to secondhand smoke for other segments of the population.
   Bell does not want to consider the matter at all. Clean indoor air is a local issue, but Bell wants someone else to tackle the problem. In previous meetings, when evidence of the health ravages of secondhand smoke was presented by experts, Bell dodged the topic raising irrelevant questions pertaining to hairspray and radon. He has conveyed no understanding or concern about the issue of secondhand smoke.
   While Dorcas Davis and Donna Tenant have indicated a desire to protect the public from a toxic substance, Bell, Chico and Lucci are willing to overlook overwhelming evidence from credible authorities.
   Two clean indoor air proposals have been submitted to the BOH, one from the Monongalia County Tobacco Prevention Partnership and one from the Morgantown Bar and Video Lottery Association. Both state that secondhand smoke causes cancer, heart disease and respiratory illness in healthy nonsmokers. Both proposals state that smoking bans remain the most viable and cost-effective solution for protecting patrons. Current regulation states that where the need to breathe smoke-free air conflicts with the desire to smoke, the need to breathe smoke-free air shall have priority.
   Given these facts, there is no defensible reason a BOH would not protect any person’s health, employee or customer. Secondhand smoke is a proven and preventable health hazard. Yet three BOH members are apparently unwilling to protect patrons or workers in the places where the greatest exposure to secondhand smoke occurs.
   The BOH’s job is to protect the health of the entire public: not only children; not only themselves or their families. What sense does it make to exempt the very businesses where the health problem is the worst? The only explanation we can come up with is that these three members of the BOH are more concerned about their own interests or are succumbing to pressure from the owners of bars, gambling spots and tobacco retailers than protecting the public’s health. If they are unable to fulfill their obligation to promote public health and prevent disease, the citizens of Monongalia should insist that they resign immediately.
  
Catherine Whitworth and Valerie Frey-McClung   
Smoke Free Mon County -- Morgantown

Many People Volunteer Time to Better Community
THE DOMINION POST -- May 4, 2008   

   Mel Bankhead may be short on the facts but he sure can deliver a punch. Like when he alleges that Smoke Free Mon County’s members are “mercenaries” getting paid to “ram a smoking ban down the public’s throat.”
   While it comes as no surprise that some health professionals and organizations do join us in our efforts, the vast majority of our 70 members and volunteers receive no compensation for working to improve indoor-air quality.
   Smoke Free Mon County has no dues, cash contributions or treasury to pay salaries. Would Bankhead also have us believe John McGraw, an employee of a local bowling facility, is having his pay docked by his boss for the time he spends generating form letters, spouting garbage on the radio and writing regulations to expand public smoking in Monongalia County?
   Given that Bankhead and his bar, bowling and gambling cronies are only defending their own personal profits, it must be beyond his comprehension that there are many people who volunteer countless hours trying to improve their communities.
  
Catherine Whitworth
Smoke Free Mon County -- Morgantown

Food Service Staff Suffer Secondhand Smoke
THE DOMINION POST -- May 3, 2008

   Food service workers, especially those who work in bars, have more exposure to secondhand smoke than workers in any other profession. Women make up the majority of food service workers, so they face greater risks from secondhand smoke.
   Young women who are frequently exposed to secondhand smoke are nearly twice as likely to develop breast cancer as those who are not exposed. Secondhand smoke accounts for nearly one-third of breast cancers among young women workers in the food service industry.
   The Monongalia County Board of Health has this information. I trust they will use it in fulfilling their duty to protect the health of everyone who lives, works or visits in this county by passing the ban on indoor smoking.

Barb Howe -- Morgantown

Wellness Program Backs Clean Indoor-Air Proposal
THE DOMINION POST -- May 3, 2008

   The Wellness Program of the WVU Health Sciences Campus would like to express our full support of a clean indoor-air regulation that restricts smoking in all public areas and places of employment in Monongalia County.
   As you know, Morgantown was recently named a Well City by the Wellness Councils of America. This is an admirable accomplishment, and demonstrates that many employers within our community are truly committed to protecting and promoting the wellness of their employees.
   Yet in the heart of our downtown , right next to the banners proclaiming our Well City status, the streets are lined with establishments that continuously expose both employees and patrons to the toxic and cancer-causing effects of secondhand smoke.
   Secondhand smoke is an entirely preventable hazard to our workforce that can be eliminated through the passage of a clean indoor-air regulation that protects everyone. Exemptions for certain types of establishments imply that it is acceptable to poison one group of workers or patrons, but not another.
   It is not the job of the Board of Health to determine which individuals are worthy of protection and which are not. Given the concrete evidence that there is no safe level of exposure to secondhand smoke, we strongly urge the Monongalia County BOH to honor its responsibility to protect the health of all citizens by enacting this regulation.
 
Sara Lauren Fehling
 Health Educator -- Morgantown

Board Should Not be Blinded by Smokescreen
THE DOMINION POST -- April 27, 2008  

   In his letter to the editor (DPApril 19), David Martinelli advised the Board of Health to “drop the proposal” for a smoking ban in public places in Monongalia County. The basis for this recommendation was a recent study that finds a correlation between smoking bans and drunk driving.
   Martinelli glosses over some important details from this study that controvert his suggestion. First, the authors of the study acknowledge that smoking bans have positive health benefits, and in no way do they demonstrate that traffic fatalities “more than offset any health benefits that can be expected from the proposal” as claimed by Martinelli.
   Second, the authors found that this effect did not occur in the counties that had large college towns, possibly due to a concentration of bars within walking distance of most patrons.
   Therefore, this study most likely does not apply to our situation in Monongalia County.
   Most importantly, the relevance of this study to the proposed smoking ban is highly questionable. The primary question before the Board of Health is whether secondhand smoke presents a serious health risk to the citizens of Monongalia County.
   The data is indisputable that this is the case, as even the Bar and Video Lottery Association has acknowledged in its counterproposal. Drunk driving, while of great concern, is a separate issue, which must be addressed by policies specifically targeted at reducing this reprehensible practice.
   I sincerely hope that the board is not blinded by this smokescreen, and that it act as its charter demands, and ban smoking in all enclosed public spaces.
  
Stephen DiFazio -- Morgantown

Government Should Step in on Health of Nation
THE DOMINION POST -- April 27, 2008   

   I’d like to put my two cents in also about cigarettes and alcohol.
   I’m a nonsmoker and nondrinker, but I have seen over the years the destruction and sadness and health problems it keeps bringing to our nation and the addiction that grows worse from day to day.
   I know the folks who have this addiction don’t like what I’m writing, but the government needs to finally step in and think of the real health of the nation. There are many other addictions, and we are in need of help.
  
Ruth Shagula -- Morgantown

Board of Health Obligated to Protect Community
THE DOMINION POST -- April 27, 2008   

   The [Monongalia County] Board of Health is facing a critical decision in the coming weeks, a choice that will impact this community’s future well-being. The BOH must decide who warrants protection from secondhand smoke and whether the perceived “rights” of a small segment of the business community outweigh health considerations for the public.
   Most residents of Monongalia County do not smoke. Most of us would prefer a smoke-free environment when we go out to socialize with friends and family. Yet our choices are limited by those businesses that feel no obligation to provide safe, smoke-free air.
   The time has come for Monongalia County Board of Health to act in the best interests of the majority. Adopt an indoor smoking ban that protects everyone, everywhere.
  
Karen Benchoff -- Morgantown

BOH Members Not Acting like Public Health Officers
THE DOMINION POST -- April 27, 2008   

   After attending the Board of Health meeting April 16, I found it disconcerting that [Monongalia County Board of Health Chairman] Sam Chico and Bob Bell, a member of the BOH, warned those in attendance the cleanindoor proposal may take further study and the BOH should not be confined to a decision by June 1.
   This goes against a previous statement that a vote would occur by June 1 prior to BOH member Dorcas Davis’s stepping down from the board (who happens to support clean-indoor air).
   Chico would now like to see exemptions added for certain establishments and add language to protect us from nuisance smoke at hotel rooms where someone previously smoked and visually unappealing smoking in front of hospitals. Trying to appear more inclusive, he is avoiding focus. The issue is direct exposure to secondhand smoke. That’s it.
   It is also amusing to listen to Bell’s irrelevant questions — excuse for not reviewing the proposal on clean-indoor air prior to the meeting, and request for information he has already been given (on other counties with cleanindoor air). His behavior is not one of a public health official.
   So vote, please vote and let the public know where you stand.
  
Dave Harshbarger -- Morgantown

Board of Health Should Show Some Leadership 
THE DOMINION POST -- April 26, 2008    

   
As many readers are fully aware, the debate over a clean air ordinance to make public places smoke free continued last week with a special meeting of the Monongalia County Board of Health to discuss the measure. The meeting was largely dominated by discussions on smoking restrictions in hotels with a noticeable avoidance of the much more controversial and important issue of smoking in bars and nightclubs.
   Bars and nightclubs are significant in this discussion because they represent the highest public exposure to secondhand smoke. However, the board seems keen to only allow a cursory discussion of smoking in these locations. In one of the few instances where smoking in bars was mentioned, BOH chairman Sam Chico stated that a ban on smoking in all public establishments would be “beyond the leading edge.”
   West Virginia communities should not be content to lag behind the leading edge. Citizens should not be forced to sacrifice our health while our public servants wait for some magical number of other communities to show real leadership.
   This said, I want to challenge that in going smoke free, Monongalia County will not be “beyond the leading edge” as Chico conjectures. Our BOH would in fact be showing real leadership by joining other areas of the United States that have gone smoke free.
   The list includes more than 20 states, the District of Columbia, and more than 240 other counties and cities (including many in West Virginia). Clearly, comprehensive smoke-free regulation has some precedence. This is in part due to health boards across the country who have shown integrity and courage by not caving to self-serving special interests.
   Let’s demand Chico and the other BOH members embrace their leadership roles and provide all residents of Monongalia County with protection from secondhand smoke in all public places.

Jared Pomeroy -- Morgantown

County Board Obligated to Protect Our Health 
THE DOMINION POST -- April 26, 2008    
 
   I recently missed out on a great entertainment experience because of the current, inadequate smoking regulation in bars. The best 1980s cover band on the East Coast played a local bar, and I had to persistently turn down my friends’ offers to join them for a night of fun.

   When asked in astonishment why I wasn’t going, I had to reply that I didn’t want to spend my evening in a smoke-filled bar because of the effects I would feel afterwards such as tight lungs, coughing and sinus irritation.
   Also in recent news, Sam Chico (the chairman of the Monongalia County Board of Health) made it clear at the recent BOH special meeting that he is only willing to take action on smoking situations that affect him and his family personally (e.g., hotel rooms and hospital entrances).
   While I agree that stronger smoking bans need to be in place in those locations, I don’t agree that smoking in bars and restaurants should be ignored (regardless of age!).
   As a young citizen, I would like to visit bars and restaurants for entertainment and cuisine. As a nonsmoker and health-conscience individual, I require that those establishments be smokefree in order for me to visit them.
   Unlike the BOH members, I don’t have the power and obligation to enact regulations to protect my health. Therefore, I expect Board of Health members to adhere to their duties and protect everyone’s health regardless of age, personal experience or business relationships.
  
Melissa Taylor -- Morgantown

No Public Health Reason For Not Supporting Ban
 
THE DOMINION POST -- April 22, 2008    

   I attended the Board of Health meeting on March 27, to support the regulation that would guarantee smoke-free air in all public places in Monongalia County. Clean air supporters showed up in large numbers, including a fair number of WVU students even though it was spring break.
   Many individuals spoke respectfully and reasonably during the public comment period to urge the BOH to pass the 100 percent smoke-free air regulation.
   Dr. Scot Renick, director of the Mary Babb Randolph Cancer Center, expressed concern, presenting research that substantiates the fact that we are a nation facing a dramatic increase in the incidence of lung cancer in nonsmokers. He attributed secondhand smoke exposure as the one significant factor in this increase.
   I’ve experienced this personally. My father died 3 years ago from complications of lung and heart disease. Each time a physician viewed his chest X-ray their first question would be “how long have you smoked?”
   My father never smoked a day in his life. His lung and heart disease were the result of exposure to secondhand smoke acquired while sharing office space at work. In the 1950s, ’60s and ’70s the knowledge and facts concerning the harmful side-effects from exposure to cigarette smoke were relatively unknown. Fortunately, current research provides us a much clearer body of knowledge to base, for the good of all, our decisions today.
   At the BOH meeting a member of the audience asked the board if they could name a single public health reason for not supporting the proposed public smoking ban — it is the Board of Health’s responsibility to separate myth and misinformation from facts. The facts are known, secondhand smoke kills. No other argument can dispute this fact. The Board of Health has a clear responsibility to protect everyone from exposure to secondhand smoke in Monongalia County.

Sue Turnbull, RN, Clinical Nurse Educator
WVU Student Health Service -- Morgantown

Morgantown Needs to OK New No-smoking Policy
 
THE DOMINION POST -- April 18, 2008 

   The prolonged debate over whether to ban smoking in public places in Monongalia County perplexes me. Why in the world would our Board of Health, whose duty is “to protect the public health,” even hesitate to allow smoking to continue in public places? This is not an issue of imposing on other people’s civil liberties, but doing what is right in the name of health.
   Nonsmokers should be able to go out in public in areas without experiencing the negative effects of other people’s cigarette smoke. Smokers can chose to smoke, but can do so in areas that don’t harm others around them.
   And nonsmoking bans in public places have been adopted everywhere — we are certainly one of the last to jump on the bandwagon.
   Smoking is bad for your health any way you look at it. West Virginia has the highest rate of smoking of any state in the country, and any effort to help reduce our high smoking rate should be given consideration. The state’s high smoking rate only produces negative results — unnecessarily overburdening our hospitals (it is proven that smokers have far more health issues than nonsmokers), increasing our health insurance costs, creating an inefficient work force (smokers miss more work than nonsmokers) and making the area less attractive to live in for those moving in from outside the state.
   If the BOH refuses to believe that adopting a nonsmoking policy in all area bars and restaurants will not harm the public, then they are not fulfilling their duty to the people of Monongalia County.
   It is a sad state of affairs when a local bar and video lottery lobby overrides what is the right and moral thing to do in the name of good health.
   And it has been proven over and over again that adopting a nonsmoking policy does not have a negative effect on bar and restaurant revenues. In fact, in the Washington, D.C., area a ban had the opposite effect.
   Stand up for what is in the best interest of this community and help support a ban against smoking. In the end, everyone will win. You know the old saying, “if you have your health, you have just about everything.” Why is this concept so difficult to understand in Monongalia County?
  
Ann D. Turnicky -- Morgantown

Public Opinion Favors New Smoking Regulation
  
THE DOMINION POST -- April 18, 2008

   The Dominion Post’s excellent editorial on Sunday noted that the [Monongalia County] Board of Health’s primary job is to protect the public’s health. Right on. I also agree with the editorial’s point that public policy should not be determined by public opinion. I want to correct one misperception though.
   The editorial implies that a majority of people oppose the stronger smoking regulation. Some may think so because those opposed to the regulation collected more signatures than those who support it.
   True, they did, but that’s not a valid measure of public opinion. You have to consider how the signatures were collected. The BOH did not design the comment period to be a vote or a scientific study.
   There are more reliable measures of public opinion. One is the 2007 West Virginia Adult Tobacco Survey. This scientific survey found that 63 percent of state residents believe that smoking should not be allowed in any indoor work areas.
   That of course includes bars, restaurants, video lottery establishments and bowling alleys. Only 30 percent thought smoking should be allowed in some areas, and a mere 5 percent thought it should not be restricted.
   So, even a large majority of smokers think smoking should be restricted!
   These findings are in line with the current WAJR poll, which is not scientific, but at least reaches a cross section of the public.
   The WAJR poll asks, “Are you in favor of a Monongalia County-wide smoking ban?” To date, 64 percent favor the ban and 36 percent oppose it. (To participate in the poll, go to wajr.com, and scroll to the poll on the left of the page.)
   The editorial said the paper’s editorial position would not be swayed by public opinion. Rather, it will be based on its view of what’s best for the community. Not to worry.
   A solid majority of the public shares your opinion and surely appreciates your willingness to stand up for it.
   Thanks for supporting the important effort to make Monongalia County a healthier, cleaner place to live and work.

Alex Lubman -- Morgantown

Why Are There Questions on Secondhand Smoke Risk?
 
THE DOMINION POST -- April 17, 2008

   It gives me great pride to report that my husband and I are both ex-smokers who have chosen to live a healthier life. The decision was easy. The process was difficu