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Full Smoking Ban Passes in Harrison County

On August 20 2008, the Harrison County Board of Health passed a comprehensive smoking ban that applies to all public places, including bars and video lottery rooms.  This was not a sudden or easy decision by the BOH to do the right thing but the result of  years of steadfast effort by Harrison County's health advocates. 

Regional Tobacco Prevention Coordinator, Beverly Keener, shared the following observations on the action in Harrison County.   "The Harrison County group began educational presentations on secondhand smoke in 2002.  In 2005, they launched an intensive campaign of petitions, letters to the editor, consistent attendance and advocacy at board of health meetings, two public comment periods, and a strong presence by supporters.  Despite setbacks they encountered, this group resolved not to give up until the job was done no matter how long it took. Without this effort we would not have seen this momentous  public health accomplishment in Harrison County."

Smoke Free Mon County is grateful to these dedicated Harrison County advocates for staying the course. Your efforts inspire us maintain our energy and focus here in Monongalia County.  We will rise to meet our challenges, for as long as it takes.  Ultimately we will win smoke free air for all!  
Posted August 26, 2008
This article appeared in the Dominion Post on Monday, August 25,2008. Used by permission.

Wheeler: No position yet on smoking ban; New BOH member says he’s ‘looking forward’ to serving Mon County  
by Tracy Eddy; the Associated Press contributing
 
   Robert Wheeler, who was appointed to the Monongalia County Board of Health earlier this week, said the appointment caught him by surprise.
   “A lot of very competent people applied,” Wheeler said. “And I feel honored that someone would select me.”
   Wheeler said he doesn’t have a position on the proposed countywide smoking ban.
   “I have to listen to all sides of the argument before I can take a position,” he said.
   The list of West Virginia counties where smoking is no longer allowed in bars and gambling parlors is growing.
   On Wednesday, Harrison County became the 20th county to ban smoking in bars and gambling parlors. The prohibition is part of an expanded clean indoor air regulation approved by the Harrison-Clarksburg Board of Health.
   The revised regulation takes effect Jan. 1, 2009.
   Catherine Whitworth, co-chair of Smoke Free Mon County, said she was very encouraged by the action the Harrison County BOH took in approving the smoking ban.
   “We think its wonderful for the citizens of Harrison County,” Whitworth said. “We applaud the Harrison County Board of Health for performing their duties and protecting the public.”
   Whitworth said Smoke Free Mon County is ready for the BOH to pass an expanded clean indoor air regulation of its own to protect its residents.
   Chico said the Mon County BOH would address the proposed smoking ban again “when the time comes.”
   “It’s taking its course right now,” Chico said.

Wheeler’s resume   

   Wheeler is the president of Industrial Environmental Health Consultants LTD, of Morgantown.
   He received a bachelor’s and master’s degree in civil engineering from WVU and a master’s in public health from the Harvard School of Public Health. He is a retired U.S. Public Health officer, having served 21 years of active duty with the U.S. Army and the Centers for Disease Control and Prevention.
   He said he thinks the work and traveling he’s done over the years could be beneficial to the county health department.
   “I like to think I’ve seen how other people deal with public health issues,” Wheeler said. “The background I’ve gained through all the things I’ve done and all the places I’ve traveled to, I could bring that to Mon County.”
   Sam Chico III, chairman of the BOH, said he was looking forward to working with Wheeler.
   “The resume of Mr. Wheeler is ideal for the Board of Health,” Chico said. “His education and experience that he will bring to the table is very exciting for us here at the health department and on the Board of Health.”
   After Wheeler is sworn in, he will be given a tour of the health department and a rundown of the programs it offers, he said.
   “I want to see what people are doing, and if I can help make things better, I will,” Wheeler said. “I’m looking forward to having the opportunity to serve the citizens of Mon County.”
Posted August 26, 2008
Smoke Free Mon County Marks a Full Year of Smoke-free Advocacy   

  This month marks a full year of our coalition's advocacy for smoke free air with the Monongalia County Board of Health.  Unfortunately, July's Board of Health meeting brought no surprises.  Smoke Free Air was not addressed at all except by members of the public during the comment segment at the end of the meeting.  We do not know if or when the board will take up the issue again, but do not expect it to happen quickly.  As disappointing as their lack of action is, we believe it is better to wait until the board of health is ready to do their job and pass an effective smoking ban that protects everyone rather than accept a compromised, weak regulation.   Once a bad regulation is passed, it would likely take years before the board would consider enacting a better one.  We will continue our work in educating the public and encouraging our board of health to pass an exemption free regulation that is fair and effective in protecting all of our county's residents, workers, students, and visitors.  While this issue is tabled by the board of health, we will also explore other ways of securing protection for the public from secondhand smoke. 
   Meanwhile, please encourage establishments that you frequent, or would like to frequent, to provide a smoke free environment for their customers and employees.  And don't forget to check our website at www.smokefreemonc.org for updates, media coverage and the latest information on secondhand smoke.
   We are grateful for your support and look forward to continuing our partnership to clear the air in Mon County.
Posted July 31, 2008
This is part of an article that appeared in the Dominion Post on Thursday, July 31, 2008. Text by Tracy Eddy.  Title added by SmokeFreeMonC.org. Used by permission.

July BOH Meeting:  No Action on Smoking Ban    

The smoking ban issue was not on the agenda, but it was brought up during the public comment portion of the meeting.
   Christina Mickey, project coordinator for the Smoke-Free Initiative of West Virginia, encouraged the BOH members to leave the current smoking regulation as it is, rather than rush into a poorly put together regulation.
   “It’s better to have no regulation, than a regulation designed to create little impact,” Mickey said. “Once a bad regulation is in place, there are additional years before we can amend it.”
   The Monongalia County Health Department’s current rule bans smoking in public places, except in designated areas. It also limits, but doesn’t outright ban, smoking in work places, according to the health department’s Web site, monchd.org.
   Catherine Whitworth, cochairwoman of Smoke-Free Mon County, also asked the BOH to leave the current regulation unchanged.
   “Take your time to get it right and not to make a mistake to create a regulation that is simple and fair,” Whitworth said.
   Bell, who’s also a member of the BOH, thanked Mickey and Whitworth for their comments.
   “There has been an adversity between the Board of Health and the Smoke-Free Initiative that needed to be softened,” Bell said. “This was a perfect way to do that.”
Posted July 31, 2008
This article appeared in the Dominion Post on Friday, June 27, 2008. Used by permission.

BOH Ethics Complaint Dismissed;  Sate: There’s No Conflict for Vote on Smoking Ban
by Cassie Shaner

   The West Virginia Ethics Commission has dismissed a complaint filed against three members of the Monongalia County Board of Health alleging a conflict of interest on a proposed countywide smoking ban.
   The ethics commission’s Probable Cause Review Board met Wednesday to consider complaints that had been received during the past month. Members of the Smoke-Free Mon County coalition, the organization that filed the complaint, received word of the board’s decision by letter Thursday.
   An attached dismissal order says the coalition’s claims “do not constitute a material violation of law upon which the the Ethics Commission could properly act.”
   The letter, written by Ethics Commission Executive Director Lewis Brewer, listed the coalition’s claims against each board member and explained why each is not a violation of the state’s Ethics Act.
   The coalition contended that Sam Chico III, who owns and operates a chain of convenience stores, and August Lucci, the uncle and employee of one of the smoking ban’s main opponents, had business interests that could affect their vote on the proposed regulation.
   But Brewer indicates that public officials are permitted to vote on matters that affect more than five businesses in an area.
   “As there are five or more businesses in Monongalia [County] which will be affected by the smoking ban, the Review Board found these allegations failed to state a claim,” Brewer said in the letter.
   The coalition noted that Bob Bell had received campaign contributions from Chico and Steve Lorenze Jr. — Lucci’s nephew and a coowner of Suburban Lanes and Kegler’s sports bar — but Brewer said campaign donations alone do not bar an official from voting on an issue.
   “If a campaign contributor were to be affected individually as opposed to being a member of a class, then we may recommend the public official not vote,” Brewer said. “How- ever, even in that situation, the Ethics Act does not expressly prohibit the casting of a vote.”
   The coalition also claimed that Chico failed to adhere to the board’s bylaws when he did not call for a vote on the conflicts of interest after they were presented at a public meeting. Brewer, however, said that “failure to comply with the board’s bylaws does not constitute a violation of the Ethics Act.”
   Chico — who prefers to be contacted through Shelley Martin, public health educator for the Monongalia County Health Department — did not return a call to The Dominion Post for comment Thursday.
   On Tuesday, Martin said Chico would not comment on when the BOH planned to take up the smoking ban for consideration again.
   “Sam said every board member wishes to pass a stronger clean indoor air regulation,” Martin said. “As soon as conditions permit that, it should occur.”
   Bell also did not return a call to The Dominion Post for comment Thursday.
   Catherine Whitworth, co-chairwoman of Smoke-Free Mon County, said she was relieved by the decision, as it clears the way for BOH members to make a decision on the proposal. Chico tabled the measure last month, saying the ethics complaint and other tactics employed by those interested in the issue — though he refused to say who — had made it impossible for the board to make a decision.
   In light of the dismissal, Whitworth said she hopes the board will call a special meeting on the matter before a new member is appointed to the board.
   Board member and smoking ban supporter Dorcas Davis’ term expires Monday. Though she asked to be reappointed to a third fiveyear term, Kennedy and Commission President Bob Bell refused to second a motion from Commissioner John Pyles to reappoint Davis at a meeting earlier this month.
   “If they appoint a new member, it may take some time for them to get up to speed on smokefree issues,” Whitworth said. “I would hate for there to be another delay.”

Board members   

   Though others have expressed interest, County Administrator Diane DeMedici said three qualified candidates — Richard Meckstroth, Brian Krolczyk and Irv Schuetzner — have filed formal letters of interest with the Monongalia County Commission to fill Davis’ seat.
   By law, no more than two of the county’s five board members can live in the same magisterial district — Eastern, Central or Western — or have the same occupation. No more than three can be of the same political party.
   Davis, a retired schoolteacher, resides in the Eastern District, and she is a registered Republican. Her replacement must be a registered Republican or Independent who lives in the Eastern or Western district.
   Meckstroth, chair of the Department of Dental Practice and Rural Health at WVU’s School of Dentistry, filed his letter of interest Wednesday. He noted that he “can offer the Board of Health a combination of public health principles along with an understanding of business issues,” but he did not indicate his stance on the smoking issue.
   Krolczyk, 42, has a Ph.D. in counseling psychology from WVU and works as a consultant for Lifepath LLC. In his letter, Krolczyk said he chaired a committee to help make HEALTHSOUTH smoke-free.
   “Our committee heard passionate testimony from all sides and considered all the options while moving forward,” Krolczyk said. “We set up educational treatment opportunities for smokers and leadership development training for managers. It was a unique challenge.”
   Schuetzner, director of transportation for Monongalia County Schools, has said that he would like to see greater cooperation between the BOH and the school district. In a letter published in The Dominion Post earlier this year, he indicated that he does not support a proposed countywide smoking ban.
   Whitworth said her primary concern is that the commission has qualified candidates to choose from to replace Davis.
   “I think that anyone with experience in public health or public health administration would be a candidate that would be beneficial to the health department,” Whitworth said.
   Kennedy has previously indicated his intent to restaff the board with more business-minded individuals. With the exception of Schuetzner, Kennedy said he plans to interview the candidates for the board before making a decision.
   “I know Irv well enough,” Kennedy said. “Why would you interview someone that you already know well?”
   Commission President Bob Bell and Commissioner John Pyles said they also plan to interview the candidates they don’t already know and make a decision in the coming weeks. Earlier this week, Kennedy said he expects to select a candidate by mid-July — before the board’s next regularly scheduled meeting.
   “We don’t need to [appoint a replacement] until right before the next board meeting,” Kennedy said. “My thought would be that we’d do it in mid-July or something.”
Editorial Comment from Smoke Free Mon County regarding this article:

   The Ethics Commission did not issue a ruling on the truth of Smoke Free Mon County's allegations or whether a conflict of interest existed, but simply that the allegations did not meet the legal standard to state a claim under the Ethics Act.  The Review Board also stated that failure to follow bylaws does not constitute a violation of the Ethics Act and is a matter best addressed by the prosecuting attorney.
   We sincerely hope that the Board of Health will end the delays and now move forward in passing a clean indoor air regulation that protects everyone.


West Virginia Public Radio featured a piece on the Monongalia County smoking ban.  Read or listern to it at www.wvpubcast.org
This article appeared in the Dominion Post on Tuesday, June 3, 2008. Used by permission.

EDITORIAL

Healthy Ethics Should Matter; BOH Right to Table Action on Policy in Light of Complaints About Conflicts  

   This is a complicated message on a simple topic: Ethics do matter in the debate over a smoke-free policy for Monongalia County. But that doesn’t mean it’s all either right or wrong. Just witness the Monongalia County Board of Health in its recent response to a proposal to ban smoking in all public places, including bars and workplaces.
The BOH was right to table the discussion on this initiative while the state Ethics Commission investigates complaints that several members of the board have a conflict of interest. The members of the BOH and its decision cannot afford to be second-guessed or go back to the drawing board on something that should have already been approved.
   There’s a need for the state’s ethics panel to look into these alleged conflicts. Though we are at odds with the formal complainants to the Ethics Commission on the number of board members who have a conflict of interest, this is a legitimate issue. If the board was to take action on this proposal and it was later determined one, two or three of its members have a conflict, anything they did would be undermined. We are as disappointed as anyone else that this issue was put on hold again, but it should not proceed with a cloud of suspicion hanging over it, which would only taint a decision. The state Ethics Commission should make every effort to expedite its investigation and decision, but at the very same time, there should be no rush to judgment. What the BOH has gotten wrong — from almost the outset of this debate — is that this ban on smoking should have been approved from day one. There was no need for a 60-day public comment period or poll, countless meetings, alternative proposals, mindless worries about marginal concerns and, in general, blowing smoke at a decision that is self evident. Perhaps if it was a transit authority or the County Commission or some other public body, we could almost understand the months of deliberation and obfuscation. However, the Board of Health’s mandate is clearly to promote, protect and care for the health of our community — not a particular sector of the business community.
   This issue is more than a decade old — California imposed a statewide ban more than 12 years ago while this spring even the casinos in Atlantic City, N.J., began enforcing such a ban.
   Apparently, the BOH in Monongalia County takes no small comfort in knowing that smoke-free policies exist in more than a dozen other counties in West Virginia, a host of states, scores of cities and many countries. None of them got it wrong.  We urge the Ethics Commission to help the BOH get it right.
Posted June 3, 2008
This article appeared in the Dominion Post on Tuesday, June 3, 2008. Used by permission.

Davis Not Reappointed to Health Board;  BOH Member Strong Smoking Ban Supporter
by Eric Bowen

   The Monongalia County Commission decided not to reappoint Dorcas Davis to the Board of Health on Monday, despite her request to continue serving on the board.
   Commissioner John Pyles made a motion to reappoint Davis, but it died because neither of the other two commissioners seconded it.
   Commissioner Asel Kennedy said that Davis has served on the board for 10 years, and he would like to see new people serving. He said that he is continuing with a plan to re-staff the BOH to have more businessminded people on the board.
   “It was over a year ago that I sent a memo to Bob [Bell] that we need to change the Board of Health members out,” Kennedy said. “I haven’t changed my position on that.”
   Davis has been one of the most outspoken BOH members in support of a new smoking regulation that would ban smoking in most public places. The BOH tabled the measure last week after the Smoke-Free Mon County coalition filed a complaint with the West Virginia Ethics Commission, alleging that three members of the county’s Board of Health have conflicts of interest related to a proposed smoking ban.
   Davis read a statement at the commission meeting Monday asking to continue serving after her term expires June 30. She said she wanted to finish the work on the smoking regulations and asked the commissioners not to appoint someone else until the vote had been taken.
   “I think in the interest of continuity on this important health issue, it should be voted on by the current board members,” Davis said.
   Kennedy said that his decision not to reappoint Davis had nothing to do with the smoking regulation. He said that Davis had served for many years and the issue had never been raised until this past year.
   Kennedy also clarified statements he made about the role of the BOH last week. He said that the state regulates so much of the public health laws that the BOH only has jurisdiction over clean air, which includes indoor smoking. He said the BOH should focus more on its role of overseeing the financial aspects of the Health Department, which requires people who are more business-minded.
   Pyles said his motion to reappoint Davis wasn’t related to the smoking ban either. He said people should be able to continue serving on county boards if they have the experience and interest to do so.
   “I think she’s fulfilled all of the reasons why people should serve, and why they want to serve,” Pyles said. “I don’t know of anybody who has done a better job on the Board of Health than she has.”
   So far, only one person has applied to fill Davis’ seat on the Board of Health.
   Irv Schuetzner, director of transportation for Monongalia County Schools, applied about a month ago to serve on the board. He said Monday that he would like to see greater cooperation between the BOH and the school district.
   Schuetzner sent a letter to The Dominion Post in April saying that the Board of Health shouldn’t pass a smoking ban. He said in the letter that if customers don’t want smoking they should let businesses know, and smart business owners will realize there is an opportunity to serve new customers.
   Schuetzner said Monday that the issue of smoking has taken up a lot of the BOH’s time, and it should get back to other issues. But he said that he would consider all sides on the smoking issue if he were appointed to the board.
   “I wouldn’t honestly want to make a vote until I had heard all of the information,” Schuetzner said. “I don’t make decisions unless I have enough facts.”
   Catherine Whitworth, co-chairwoman of the Smoke-Free Mon County coalition, said she supports reappointing Davis to the BOH.
   Whitworth said Davis has served well on the board and she should continue.
   She said Davis has been in on all of the informational sessions about the smoking issue, and it would be unfortunate to have to bring another board member up to speed on the public health issues involved.
   “We would like to see the reappointment at least postponed until the current board can see all of this through,” Whitworth said. “To bring someone new in to deal with this issue now would not be beneficial to anybody.”
   In other business Monday, the commission accepted several grant contracts, including grants for the Safe and Drug Free Schools grant program, court security and community participation. The commission also made a motion to oppose closing a road between Monongalia County and Dunkard Township, Pa.
Posted June 3, 2008
This article appeared in the Dominion Post on Friday, May 30, 2008. Used by permission.

Health Board Tables Smoking Ban Vote; Chair Says Ethics Complaint Hampers Ability to Decide  
by Cassie Shaner

   The Monongalia County Board of Health tabled a vote on a proposed smoking ban Thursday, after Chairman Sam Chico III had a heated exchange with members of Smoke-Free Mon County.
   Chico asked why they chose to file an ethics complaint just days before the board was to consider a proposed smoking ban.
   Chico asked the board to table any discussion of the proposed regulation at Thursday’s meeting. He said “the methodology that’s been used for special interests to advance their own agenda” has made it impossible for the board to make a decision.
   “I wonder if that was a strategy or a true ethics interest. Did you really want a result before the meeting, or did you want to confuse the process? Just a question,” Chico said, addressing a comment from Valerie Frey-McClung, co-chair of the Smoke-Free Mon County coalition.
   The coalition filed a complaint with the West Virginia Ethics Commission this week accusing Chico and board members Bob Bell and August Lucci of conflicts of interest related to the proposed clean indoorair regulation. The complaint also claims that the board violated its bylaws in March by failing to vote on the alleged conflicts at a public meeting.
   Catherine Whitworth, co-chair of Smoke-Free Mon County, said the coalition was following Chico’s advice when it filed the complaint.
   “You did advise us to take it up with the ethics board. ...,” Whitworth said. “We were simply following the advice you gave us.”
   But Chico asked what took so long.
   “It would have been nice to have it 60 days earlier, instead of just before the vote,” Chico said. “But nice try.”
   Whitworth said the coalition needed time to collect evidence to support its claims.
   Earlier in the meeting, Chico indicated that the coalition, by filing its complaint, has defeated its main purpose — passing a more stringent clean indoor air act.
   “There’s not a board member on this board that I’m aware of that does not want a more intense clean indoor air policy. ...,” Chico said. “I do believe in my heart that this would already be done if it weren’t for people’s overzealous personal interests. I’m amazed that we have not passed it yet. I believe that people who have the best intentions have subverted the whole process. That is the only reason why it has not happened yet.”

Ban postponed   

The board voted 3-1 in favor of a motion from Bell to table any action or discussion on the smoking ban. Chico, Bell and Lucci supported the motion, while board member Donna Tennant voted against it.
   Board member Dorcas Davis said she did not vote. She objected to Chico’s suggestion that the board table the smoking ban, noting that Chico promised the board would vote on the issue before her term expires June 30.
   “I hope to do that. ...,” Chico said. “I am truly sorry that so far I have not been able to live up to my promise, but I know what your date is and I am hoping to find a way to do it.”
   The board’s next regular meeting is July 31. After Thursday’s meeting, Chico said he is not certain when the board might take up the smoking issue again or whether a special meeting will be scheduled before Davis’ term ends.
   Chico said something — though he would not say what — must change in order for the board to make a proper decision.
   “It’s going to take a different air for the whole process,” Chico said. “The personal attacks on the outstanding board members that we have are completely unwarranted. For people to improperly attack their integrity to serve their own special interests is disturbing to me.”
   Chico refused to identify the individuals, groups or circumstances that have hindered the board’s decision-making process, but he said everyone involved in the process needs “to act as appropriate, educated adults.” He noted that he has “seen fraternity house votes that are more dignified.”
   “We have to bridge a gap,” Chico said. “It makes no sense to take a vote. It’s like volunteering to jump off a plank into a tank of alligators.”
   Davis said the board’s decision to postpone a vote on the smoking ban was “asinine.” By not passing a comprehensive smoking ban, she said the board has failed to fulfill its mission to protect the public’s health.
   “It’s kind of an oxymoron that we have that as our mission,” Davis said during the meeting.
   Tennant did not return a call to The Dominion Post by press time to explain why she voted against tabling the clean indoor-air regulation, but she has previously spoken in favor of the proposed ban.
   Bell and Lucci also did not return calls to The Dominion Post by press time Thursday to explain their decision to table consideration of the ban.
   At the time of the vote, Bell said he wanted a ruling from the ethics commission on the conflict-of-interest allegations before proceeeding. Earlier this week, Bell said he contacted the ethics commission himself to ask for a decision on whether a conflict of interest exists.
   Lewis Brewer, executive director of the ethics commission, has said the commission’s Probable Cause Review Board will meet on June 18 to consider any complaints it has received. He said the commission is prohibited from disclosing whether it has received a complaint or not.

Other business   

The board also:
   Approved a $4.197 million budget for the health department for fiscal year 2008-’09.
   According to the budget document, the agency’s nutrition services department represents both the greatest source of revenue and expense. Nutrition services is expected to generate about $995,765 in revenue and cost about $922,689 in projected expense.
   Approved a strategic plan for the health department for fiscal years 2008-’10. The document lists objectives designed to accomplish several goals for the agency in the coming years, including improving the agency’s financial status and minimizing illness in the community.
   Agreed to offer pre- and postvaccine testing for Hepatitis B on a sliding fee scale. Each test would have to be purchased separately, and the price ranges from $20.50 to $40.

The Monongalia County Board of Health meets at 9 a.m. July 31, at the Monongalia County Health Department Training Center, 453 Van Voorhis Road.
Posted May 30, 2008
This article appeared in the Dominion Post on Friday, May 30, 2008. Used by permission.

Davis Doubts She Has Support to Keep Health Board Seat; Term Ends June 30; One Person Applies For Consideration  by Cassie Shaner

   Monongalia County Board of Health member Dorcas Davis said Thursday she is certain she will not be reappointed to the board when her term expires June 30.
   Davis is serving her second fiveyear term on the board. Though she has submitted a letter to the Monongalia County Commission seeking another term, she does not believe she has enough support on the commission to be reappointed.
   “I’m not one of [commission President Bob] Bell’s favorite people,” Davis said. “I don’t vote his way. ... [Commissioner Asel] Kennedy wouldn’t reappoint some of the other people that have asked to be reappointed. I don’t know if he’ll reappoint me or not. I just don’t think he will.”
   Kennedy, who indicated his intent to restaff the health board last year when he refused to reappoint former chairwoman Mary Jane Kerns, said he will not support another term for Davis, either.
   “Her term is up, and she had said earlier she didn’t want to serve and then she changed her mind and said she did,” Kennedy said. “I won’t reappoint her.”
   Kennedy said he wants to appoint a business-minded person to the board, as most of the board’s decisions deal with finances and meeting set goals and objectives.
   “It’s not a health thing, in my opinion. They don’t make health decisions, other than one,” he said, describing the proposed smoking ban as a health decision.
   But Davis said it makes sense to have someone on the board with experience.
   “It would be to their advantage to have someone appointed to the board who doesn’t have to be reintroduced to everything, especially at this critical time,” Davis said. “If they get a new member on the board, it’s going to take them at least three or four months to get up to par on what’s going on.”
   Commissioner John Pyles agreed. He said he supports Davis’ reappointment.
   “She’s been a faithful member and done a credible job,” Pyles said. “She knows the ropes. You don’t want to put someone else in there that’s going to take several months to learn how things work.”
   Bell did not return calls to The Dominion Post by press time for comment on Davis’ reappointment.
   By law, no more than two of the county’s five board members can live in the same magisterial district — Eastern, Central or Western — or have the same occupation. No more than three can be of the same political party.
   Davis, a retired schoolteacher, resides in the Eastern District. She is a Republican.
   The remaining board members are Donna Tennant, a Democrat and marketing director for Sundale Nursing Home, Western District; Bell, a Democrat, Central District; August Lucci, a Democrat and retired businessman, Central District; and Sam Chico III, a Republican and business owner, Eastern District.
   Because there are already two representatives from the Central District and three Democrats on the board, Davis’ replacement can live in either the Eastern or Western district and must be a registered Republican.
   Pyles said Irv Schuetzner, director of transportation for Monongalia County Schools, has submitted a letter of interest for Davis’ seat. According to the letter, Schuetzner, a Republican, resides in the Eastern District.
   Schuetzner, who said he submitted his letter a month or so ago, is interested in serving on the board because of the health department’s extensive involvement with the school system. He said he has been involved in the community for more than 20 years and hopes to help expand health department services.
   “I talked to the school nurses and the superintendent, and they thought if it opened up, it would be a good opportunity,” Schuetzner said.
   Davis said she had no idea who might be appointed to the board in her place, but she believes it will be someone who meets the approval of Bell and Kennedy.
   “It’ll be someone that they can control,” Davis said. “It’ll probably be someone that will vote the way [Bell and Kennedy] want them to.”
   Schuetzner said he knows Bell and Kennedy, but he was not asked by either commissioner to seek a seat on the board. If he is selected to the board, he said he intends to think things through and make welleducated decisions.
   “My feeling is everything should be looked at from a logical perspective,” Schuetzner said. “You gather all the information, and you make the best decision.”
   Kennedy said he has no one in mind for Davis’ seat on the board, and he expects to receive more letters of interest in the coming weeks. He plans to interview any applicants he does not already know.

The Monongalia County Commission meets at 7 p.m. Monday, in commission chambers, Monongalia County Courthouse, 243 High St. Anyone interested in submitting a letter of interest for the Board of Health can contact the commission office at 291-7257.
Posted May 30, 2008
This article appeared in the Dominion Post on Wednesday, May 28, 2008. Used by permission.

Group Files Health Board Complaint; Asks State to Rule on Smoking Ban Conflict
by Cassie Shaner

   The Smoke-Free Mon County Coalition has filed a complaint with the West Virginia Ethics Commission, alleging that three members of the county’s Board of Health have conflicts of interest related to a proposed smoking ban.
   The complaint also indicates that the board violated its bylaws when its members failed to vote on publicly aired concerns about potential conflicts raised at a meeting in March.
   In a letter sent to Lewis Brewer, executive director of the ethics commission, on Friday, the coalition asked the commission to investigate board members Bob Bell, August Lucci and chairman Sam Chico III and force them to abstain from participating in any further discussions or votes on the proposed policy.
   Brewer said Tuesday that the commission is prohibited from disclosing whether a complaint has been received. The commission’s Probable Cause Review Board will meet on June 18 to review any complaints and determine whether “at its face value, the complaint states a violation of the ethics act,” he said.
   “They would direct an investigation, and they would monitor and oversee that investigation,” Brewer said.
   The West Virginia Ethics Act, listed under W.Va. Code 6B-2-5, is a code of conduct for elected and appointed public officials. It includes guidelines for soliciting gifts, licensing proceedings and private interests in public contracts, purchases and sales.
   The coalition’s complaint indicates that Chico, who owns and operates a chain of convenience stores, has a conflict of interest because of the proposed smoking ban’s potential impact on business.
   The coalition provides documentation that indicates Lucci is employed by nephew Jerry Lorenze, a bar owner and vocal opponent of the proposal, who paid postage for petitions submitted against the ban.
   And Bell, also president of the Monongalia County Commission, has received campaign contributions from Lorenze and Chico, according to the complaint.
   Chico and Lucci did not return calls to The Dominion Post by press time Tuesday for comment.
   Bell said he contacted the ethics commission by e-mail this week and asked its members to rule on whether he has a conflict of interest on the proposed smoking ban. He said he indicated that the matter is urgent and asked for a response by the time of the board’s meeting Thursday, if possible.
   “If there is [a conflict], I have no problem with recusing myself,” Bell said, noting that if a conflict exists, it’s “very minimal.”
   “How did I know nine years ago that I would be voting on something that would affect these people?” he said.
   Consideration of a Clean Indoor Air proposal is listed on the agenda for Thursday’s board meeting. Valerie-Frey McClung, co-chairwoman of Smoke-Free Mon County, said the coalition had no intention of delaying a vote on the matter by filing its complaint.
   Even if Chico, Lucci and Bell are told to abstain Thursday, she said the five-member board could still make a decision.
   “A quorum would be present. They just wouldn’t be voting,” Frey-McClung said. “If the other two members were in favor of the motion, I would think it would pass.”
   Frey-McClung said the board should make a decision at this week’s meeting. She noted that, at the board’s March meeting, Chico said the board had plenty of time to make a decision before board member Dorcas Davis’ term expires.
   “This is the last regularly scheduled meeting before her term expires on June 30,” Frey-McClung said. “I would ask that the Board of Health do the board’s work and protect the public health.”
Bylaw violation?
   The board’s bylaws indicate that its members must vote to determine whether a conflict of interest exists, but the coalition alleges that the board failed to do so at a March meeting.
   Article VIII of the board’s bylaws state that “a member of the public, either in writing or orally, may declare that a Board or committee member has a conflict of interest. When the conflict is contended, its existence will be determined by a majority vote of the Board.”
   Smoke-Free Mon County Co-Chairwoman Catherine Whitworth accused Lucci and Chico of conflicts of interest during the public portion of the board’s March meeting and asked them to recuse themselves from any vote on the ban, but Chico dismissed her claim and addressed other matters.
   “The board violated their bylaws by not recognizing that a conflict of interest had been asserted,” Frey-McClung said Tuesday. “Their bylaws are very specific about how to handle that.”
   At the time, the coalition did not have the documentation to allege a conflict of interest against Bell, but Frey-McClung said the board has had ample time to address the potential conflicts with Chico and Lucci.
   “I think it was pretty clear,” Frey-McClung said of the accusations. “We gave the board plenty of time to address the conflict of interest charge. They chose to ignore it. [Filing an ethics complaint] was not what we wanted to do.”
   Frey-McClung said the coalition will likely ask the board to address the conflict of interest charges again Thursday.
   “According to their bylaws, they have to take a vote to determine whether a conflict of interest exists,” she said.

The Monongalia County Board of Health meets in regular session at 9 a.m. Thursday, at the Monongalia County Health Department Training Center, 453 Van Voorhis Road.



Posted May 28, 2008
Correction printed May 28, 2008: Due to a reporter’s error, a Tuesday story included incorrect information about a countywide smoking ban proposed to the Board of Health by a representative of Smoke-Free Mon County. The proposal does not include a specific restriction for smoking in parks. A representative for the Smoke-Free Initiative of West Virginia, a separate group, has asked BOPARC to prohibit the use of tobacco products in public parks.

This article appeared in the Dominion Post on Tuesday, May 27, 2008. Used by permission.

Group Seeks Tobacco-free Parks; BOPARC Rules Already Ban Other Drugs
by Casssie Shaner

   Just one week before the Monongalia County Board of Health meets to consider a proposed countywide smoking ban, BOPARC is being asked to make Morgantown’s parks tobacco-free, too.
   At a meeting of the Board of Park and Recreation Commissioners on Thursday, Christina Mickey, project
coordinator for the Smoke-Free Initiative of West Virginia, suggested the agency alter its existing rules and regulations to include a provision that would ban the use of any tobacco product on park property.
   “That would include all types of tobacco, not just smoking,” Mickey said. “Tobacco-free policies are a perfect fit with the other health initiatives they already have in place.”
   Executive Director Mark Wise said BOPARC already prohibits smoking in its indoor facilities, but not in outdoor parks.
   Section E of BOPARC’s rules and regulations includes provisions that prohibit alcohol consumption, glue-sniffing and the use of narcotics, opiates and hallucinogens on park property. Adding tobacco products to that list would be a simple change, Mickey said.
   “If they’re already monitoring alcohol abuse and other policies that affect wellness, this fits right in,” she said.
   Mickey said there is scientific evidence that warrants policies that ban smoking and the use of tobacco products outdoors. Just because park-goers cannot see the smoke, that doesn’t mean it’s not there, she said.
   “Tobacco smoke is unlike other pollutants,” Mickey said. “It’s scientifically justifiable to ban it in outdoor public places. ... Even outdoors, we show more pollution in areas where smokers gather than we do for other types of pollution.”
   Local boards of health can also implement rules that restrict smoking in public parks, and a proposed countywide smoking ban presented to the Board of Health by Catherine Whitworth, chairwoman of Smoke-Free Mon County, includes restrictions for smoking in parks.
   An alternative proposal presented by the Monongalia County Bar and Video Lottery Association would restrict smoking to only designated areas within public parks and at least 15 feet from the center of a paved rail-trail, but Mickey said the rules would be easier for BOPARC to enforce.
   The rules “are better suited for entities like BOPARC,” Mickey said. “They’ve already got the personnel there, and they can get the signage in place.”
   Mickey also presented BOPARC with a list of the potential benefits of tobacco-free policies in parks. It notes that tobacco-free policies help save money, among other things.
   “These are good ways for parks to decrease litter and maintenance costs,” Mickey said. “It’s a tremendous savings.”
   Wise said BOPARC could easily provide additional signage in its parks to increase awareness of the dangers of smoking, but exactly what changes are made will be up to BOPARC’s board members to decide. He said the matter will be listed on the agenda for BOPARC’s June meeting.
   “I’m not sure where we’re going to go with it, but we’ll definitely look at that at our next meeting,” he said.

The Board of Park and Recreation Commissioners meets in regular session at 5:30 p.m. June 26, in the conference room of the Morgantown Public Safety Center, on Spruce Street.

The Monongalia County Board of Health meets in regular session at 9 a.m. Thursday, at the Monongalia County Health Department Training Center, 453 Van Voorhis Road.
Posted May 27, 2008
This article appeared in the Dominion Post on Sunday, May 25, 2008. Used by permission.

EDITORIAL

Snuff Out Conflicts of Interest on BOH:  Two members Should Not Vote on Smoke-free Policy Initiative

   The Monongalia County Board of Health needs to stop blowing smoke.
   On Thursday, the BOH will cast an up or down vote on a policy that would prohibit smoking in public places and workplaces.
   Though we are on the record in support of the smoke-free policy, we have remained mum on the accusations and motions that some BOH members have a potential conflict of interest.
   But before we get ahead of ourselves, the smoke-free policy issue is beyond debate. Because, if the BOH is charged with promoting and protecting public health, there’s nothing to debate.
   Secondhand smoke in public places is hazardous to the health of people who frequent those places, but more importantly, to the people who work there. Period.
   Members of the organization lobbying for this smoke-free policy have accused three of the five members of the BOH of having a conflict of interest: Sam Chico, August Lucci and Bob Bell.
   They made a motion before the BOH at its March session to disqualify Chico and Lucci because of their positions in life. That motion was dismissed.
   Even though we had little trouble making up our mind about the issue of whether or not this smokefree policy should be enacted, we are torn about the assertions of a conflict of interest on the BOH.
   However, after much debate, we have decided two members on the BOH do have a potential conflict of interest on this issue: Lucci and Bell.
   Although Chico owns businesses that sell cigarettes and tobacco products, we cannot go along with the smoke-free advocates, who link a potential decline in his profit margin to his vote for or against their initiative. They cited one 1992 tobacco industry study that shows smokers facing these bans smoke less and have a higher than average quit rate.
   That’s a far cry from evidence that a potential conflict of interest exists. In all honesty, we seriously doubt this smoke-free policy will have a marked effect on the minority of our county’s population that continues to smoke.
   However, with regard to Bell and Lucci, their connections — in Lucci’s case overwhelming, and in Bell’s marginal — to perhaps the most vocal opponent of the proposed smoking ban, cast a shadow on their ability to remain objective on this issue.
   And as a result, we call on Bell and Lucci to step aside on this Thursday’s vote on the proposed ban on smoking in Monongalia County’s public places.
   Lucci is potentially influenced by his employer, who has helped lead and finance the campaign to defeat this anti-smoking policy, and who is also his uncle.
   Meanwhile, County Commissioner Bell has been the recipient of a $1,000 contribution to his campaign by the same smoke-free opponent.
   In Bell’s case, we admit the perception of a conflict of interest is limited. It’s still in this community’s interest and Bell’s to step aside from this vote so no perception of impropriety exists.
   If Bell and Lucci decide to step aside, as we encourage them to, that should go a long way toward clearing the air on this issue.
Posted May 25, 2008
This article appeared in the Dominion Post on Sunday, May 25, 2008. Used by permission.

Year-old Smoking Bans in 2 Counties Still Spark Debate on Economic Effect
by Cassie Shaner

   If Ohio and Randolph counties are to provide any indication, the debate about a proposed smoking ban in Monongalia County will rage on long after the board of health votes on the matter.
   Though both counties enacted comprehensive clean indoor-air regulations more than a year ago, public health advocates and business owners still disagree about whether the rules have affected business, and to what degree.
   Fraternal clubs in those communities said they’ve been hurt, but business as a whole appears unaffected, officials said.
   Christina Mickey, project coordinator for Smoke-Free West Virginia, said the fundamental argument about protecting a community’s business interests versus public health interests never goes away.
   “It’s an argument that has been present ever since the very first [regulation] was passed, in California in 1986,” she said.
   Ohio and Randolph counties are two of the 18 counties in West Virginia that have approved comprehensive clean indoor-air regulations. Marion County passed the state’s most recent law, joining Braxton, Calhoun, Jackson, Kanawha, Lincoln, Ohio, Pleasants, Pocahontas, Randolph, Ritchie, Roane, Summers, Tucker, Upshur, Wirt, Wood and Wyoming counties in prohibiting smoking in nearly all public places and workplaces.
   Mickey defined comprehensive regulations as those that prohibit smoking in all workplaces, including bars and restaurants.
   The Monongalia County Board of Health is considering two proposals that would alter the county’s clean indoor-air regulation. One, a comprehensive law presented by Smoke-Free Mon County, in November, lists 18 public spaces where smoking would be prohibited, including restaurants and bars, which fall under the definition of a restaurant in the proposal.
   The other, presented by the Monongalia County Bar and Lottery Association, in March, would ban smoking in many public and work places, but not in bars or video lottery rooms. It would also permit smoking in the “physically separated bar areas of restaurants, hotels and other smoking facilities,” as long as ventilation systems are installed.
   To see how a comprehensive regulation might affect local businesses, The Dominion Post contacted officials and business owners in Ohio and Randolph counties to see how the smoking bans were done and what economic impact the rules have had.
   Though smaller than Monongalia County, Ohio and Randolph are the counties most similar in population that have bans on smoking in bars and restaurants. The Kanawha-Charleston Health Department, the Mid-Ohio Valley Health Department and the Marion County Health Department — which serve populations closer in size to Mon County — have all enacted comprehensive regulations, but the rules have yet to take effect.

Wheeling/Ohio County

   The Wheeling-Ohio County Board of Health enacted its first clean indoor-air regulation in 1996, as many other counties across the state began adopting rules to limit smoking in public places, according to Ohio County Health Department Administrator Howard Gamble. Rather than amending the original regulation, the board then drafted a new law in 2005 that included “massive changes,” Gamble said.
   The law bans smoking in bars, restaurants and most other public places. Gambling facilities — including free-standing video lottery rooms and areas devoted to placing bets, such as Wheeling Island’s gaming floor — are exempt, as well as designated hotel and motel rooms, private residences, personal care homes, retail tobacco stores, private assembly rooms and bingo halls that serve more than 100 people.
   At the time the regulation was being considered, the local newspaper published dozens of letters for and against it, and board meetings were packed, Gamble said.
   “When it was discussed, you would have public attending, whether it was bar owners, restaurant owners, people from the track,” Gamble said. “They were there on a regular basis.”
   Because of the public reaction and the potential economic impact, the Wheeling Area Chamber of Commerce did not support the ban, according to President Terry Sterling.
   “We felt that it was an infringement on business practices, and our members were very vocal about it,” Sterling said. “Our position was that our individual members should be able to decide whether they want to be smoke-free or not.”
   Sterling said he does not have hard numbers that indicate whether the ban has hurt business in the area, but the chamber’s position has not changed.
   Wheeling City Council candidate Duane Ellis, also a trustee for The Cave Club, said the ban has “crippled” his fraternal organization and others in the area.
   “Our beer sales have dropped 130 cases a month,” Ellis said. “We’re really hurting. We have a lot of members. That’s the only reason we still have money.”
   If he is elected to council, Ellis hopes to restaff the Ohio County Board of Health and have fraternal organizations exempted from the ban. He claims that at least two fraternal organizations have closed as a result of the ban, and others — including The Cave Club — have had to cut back on community donations.
   Before the ban passed, The Cave Club contributed about $15,000 a year to local charities and other community groups.
   “Now we’ve stopped,” Ellis said. “All of them have stopped. The valley’s really hurting because of this.”
   Despite Ellis’ claims, Gamble said he has not seen an increase in the number of businesses closing in the Wheeling area, and noted that the health department is “issuing permits left and right, as far as new businesses opening up.”
   The majority of the new development in Ohio County has been in the Highlands area, near Cabela’s, he said.
   “The major development in this area has been smoke-free. It’s etched in glass,” Gamble said. “As far as impact, what we can see as far as the new development is that it’s all smoke-free.”
   Gamble said business owners still occasionally show up at board meetings to protest the regulation, but the public as a whole seems supportive of the smoking ban.
   “The public, for the most part, has accepted the regulation and why it was written, and that’s to protect the public’s health,” Gamble said.
   Charlie Schlegle, owner of the Wheeling restaurant Ye Olde Alpha, said he supported the ban from day one.
   “How can you logically argue against it?” Schlegle said. “You just can’t make the argument.”
   Schlegle had experience with smoking bans when the regulation took effect. The state of Maine did it when Schlegle lived in New Hampshire and worked for a nearby restaurant chain.
   “It’s easier for me to support it because I’ve been through it,” Schlegle said. “I know that eventually it will even out. The businesses will suffer when you first ban smoking, but long term, it will even out.”
   The ban has not affected Ye Olde Alpha at all, Schlegle said. Since he bought the business, in 2005, Schlegle said, annual sales have increased from less that $1 million to more than $2 million.
   “It hasn’t hurt us,” Schlegle said. “A great deal of that has to do with better food and better service, but it still hasn’t hurt us.”

Elkins/Randolph County

   The Randolph County Board of Health’s regulation went into effect Aug. 1. According to Warren Elmer, a sanitarian for the county health department, the board decided to amend the county’s existing rule because residents sent letters and petitions urging the board to strengthen it.
   “The public brought about this ban,” Elmer said. “The public started calling us. The board of health didn’t just sit down one day and decide to make the regulation stronger.”
   The new law prohibits smoking in most public and work places, including bars and restaurants. Like many regulations around the state, it exempts designated hotel and motel rooms, private residences, select personal care homes, retail tobacco stores, private assembly rooms and bingo halls that serve more than 100 people.
   Outdoor work places are also exempt.
   Elmer said most business owners opposed to the ban came forward after the law was passed. The board’s August meeting had to be held in a larger room because of the public response for and against the ban, he said.
   “Most of the argument was over their rights as the operator of a bar, not so much as a smoker, but as an operator,” Elmer said.
   Roger Ware, commander of American Legion Post 29, in Elkins, said about a dozen people attended one board meeting to protest the ban on behalf of various businesses, but their concerns fell on deaf ears.
   “We only went once,” Ware said. “From the information we gathered, it didn’t make a difference. They didn’t really care.”
   Ware said the smoking ban has dramatically affected raffle ticket sales at several local fraternal organizations, including the American Legion, the Veterans of Foreign Wars and the Fraternal Order of Eagles. Based on the drop in sales during the first four months, officials at the American Legion — which generally contributes $40,000 or more to local charities each year — projected they would be able to donate only $28,000 this year.
   “It seems like the nonprofit organizations are the ones that get punished,” Ware said. “Money that we generally give back to the community, as far as donations, has been greatly reduced.”
   But Elmer and Ellen Spears, director of the Elkins-Randolph County Chamber of Commerce, said most people seem to be happy with the ban. Many of the early complaints came from bar owners, they said, but even those have diminished.
   “To a certain extent, they still complain,” Spears said. “There is the attitude that, ‘Oh, you can’t tell me what to do on my property.’ That still exists, but I think it’s the minority.”
   Though it may have affected business initially, Spears said, many bar owners have come up with inventive solutions to encourage smokers to come back. Some establishments have built covered terraces and other outdoor areas where smokers can go to light up.
   “I don’t think anyone’s gone out of business as a result of the smoking ban,” Spears said. “They’re coming up with creative ways to try and appease the smokers.”
   Elmer said the number of permits issued by the health department has not increased or decreased since the ban, though existing businesses have until June 30 to renew their permits.
   “We lose some and we gain some anyway, but it’s all about the same,” Elmer said. “I don’t think we’ve lost any more than we normally do.”
   Don Smith, owner of Scotties of Elkins, said the new regulation has helped his business. Smokers who used to loiter in the small restaurant and purchase little food now come in solely to eat and then leave, he said.
   “I used to have to tell people to get up and make space for other customers,” Smith said. “Now I don’t have that problem.”
   But Ware claims several bars and private clubs have closed as a result of the ban. He and about 50 others attended a Randolph County Planning Commission meeting earlier this year to protest the ban. The planning commission agreed to send letters to the board and the County Commission asking them to reconsider the ban, but Ware said there has been no response.
   At least one county official supports the efforts of Ware and others who wish to amend the Randolph County regulation. Julia Elbon, president of the Randolph County Commission, said fraternal organizations and other members-only clubs should be exempt.
   “Private clubs should have the option of letting their membership decide whether or not they want to allow smoking,” Elbon said. “That’s a private, uninvited destination for people.”

‘Society adjusts’?

   Ultimately, counties must go through the experience of banning smoking to see what the effects will be. In most cases, Mickey said, doomsday business predictions are inaccurate.
   “We have seen throughout the country that the anticipation of all these negative impacts rarely comes to fruition,” Mickey said. “All the arguments fall to the wayside. ... Once they’re implemented, most people forget about them. Society adjusts.”
   But several business owners have cited statistics at recent Monongalia County Board of Health meetings that indicate smoking bans can severely affect sales at bars and video lottery facilities.
   Little objective research is available to support either claim. A recent Internet search for studies on the impact of smoking bans nationwide returned dozens of results, but nearly all of the studies were commissioned by public health advocacy groups, hospitality industry associations or the public bodies that enacted the rules.
   A study conducted by Ridgewood Economic Associates on behalf of the New York Nightlife Association found that a statewide smoking ban in New York resulted in 2,000 lost jobs, and $28.5 million in lost wages and salary payments.
   But another study — conducted by several New York City administrative departments — determined that business tax receipts in New York City increased by 8.7 percent, and employment in New York City’s bars and restaurants increased by 10,600 after a citywide smoking ban was enacted, in 2003.
   John McGraw, a spokesman for the Monongalia County Bar and Video Lottery Association, admitted that data are available to support both sides of the issue. He said the economic impact of smoke-free laws varies in different regions of the country.
   “If you’re in a warm climate, it seems to affect businesses less than it does in colder climates, where people don’t want to go outside and smoke a cigarette when it’s 15 degrees,” McGraw said. “I believe here it would affect business because of the climate we have in this area.”
Posted May 25, 2008
This article appeared in the Dominion Post on Sunday, May 25, 2008.Used by permission.

 
Posted May 25, 2008
This article appeared in the Dominion Post on Sunday, May 25, 2008. Used by permission.

State a National Model in Passing No-smoking Rules; Health Advocates Still Not Pushing for Statewide Law  by Cassie Shaner

   West Virginia is one of the national leaders for locally adopted clean indoor-air regulations, but the level of comprehensive protection is far too low to push for a statewide law, according to public health advocates.
   Annie Tegen, a senior program manager for Americans for Nonsmokers’ Rights, said West Virginia is second only to Hawaii in the adoption of smoke-free county laws. According to Christina Mickey, project coordinator for Smoke-Free West Virginia, each of West Virginia’s 55 counties has adopted some sort of clean indoor-air rule.
   “West Virginia is a model for passing local legislation,” Tegen said. “We know when we pass local smoke-free regulations the laws are easier to enforce. People support them when they’re passed at the local level.”
   Mickey said public health advocates in Kentucky and other states look to West Virginia to learn how clean indoorair laws can be passed to improve secondhand smoke protection levels and reduce smoking rates.
   Clean air laws are necessary because education alone will never reduce smoking rates enough to eliminate secondhand smoke, she said.
   “It has be combined with the ultimate supportive environment that promotes less use in our society,” Mickey said.
   Comprehensive smoking bans — those that prohibit smoking in bars and restaurants — are most effective, Mickey said, because they target the 18-to 25-year-old age group, which has the highest smoking rates.
   “If you don’t have bar protection, the regulation does very little to impact that 25 percent of the population,” Mickey said. “That’s where they are. That’s who we’re trying to target.”
   According to Tegen, 84.3 percent of West Virginians live in a city or county with a law that requires workplaces to be 100 percent smoke-free, but only 14.1 percent of state residents are covered by a rule that requires bars and restaurants to prohibit smoking.
   Tegen said 32 city or county laws in the state prohibit smoking in restaurants, and just 20 of those laws also ban smoking in bars.
   She said West Virginia has “a high percentage when it comes to office workers being protected, but they’re still low when it comes to restaurants and bar workers being protected.”
   Tegen said the state’s close proximity to “tobacco country” may be one reason West Virginia has been slow to pass more stringent anti-smoking rules.
   “The South is generally considered tobacco country, and they’re often reluctant to pass strong smoke-free regulations, but that’s changing, particularly in the Southeast,” Tegen said. “Workers are expecting to work in a safe environment, and restaurants and bars are workplaces, too.”
   Tegen and Mickey said public health advocates generally recommend that at least 50 to 60 percent of a state’s population be covered by comprehensive smoking bans that include bars and restaurants before pushing for a statewide law.
   John McGraw, a spokesman for the Monongalia County Bar and Video Lottery Association, said a statewide law would level the playing field for restaurants, bars and video lottery facilities across the state.
   “No group of citizens in the state of West Virginia should have more rights than any others, and that’s what these county bans do,” McGraw said. “That’s why we want a statewide law.”
   Mickey noted that the tobacco industry has an easier time defeating laws at the state level, so most public health groups aim to have a majority of counties covered by comprehensive regulations before working to pass a state law. Even when state laws are proposed, health advocates refuse to support them unless they preserve local control by allowing counties and municipalities to pass additional laws.
   In West Virginia, “there’s not a consensus among grassroots tobacco prevention advocates to move toward a statewide regulation,” Mickey said. “If you can’t get your bar workers protected at the local level, your chances of getting something done statewide are slim.”
   State Sen. Mike Oliverio, DMonongalia, said it’s much easier to pass a law at the local level tha