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Stamping Out Smoking — Even Outdoors

Despite its seemingly deliberate name, the recently enacted Pennsylvania Clear Indoor Air Act now bans outdoor smoking on the 14 campuses of the Pennsylvania State System of Higher Education.

Though some laud the sweeping ban as the ultimatum that could stamp out smoking on campus all together, others criticize it as a draconian infringement on their civil liberties. Now, as individual institutions determine how and to what extent they will enforce the ban, unions representing state employees in the system are readying a fight to oppose it. These groups argue that the state system should not have implemented the ban without first conferring with them. Adding to the debate, some students on the affected campuses have even staged “smoke-ins” protesting the system’s decision.

The Clear Indoor Air Act, passed this summer and effective as of September 11, defines the public places in which the smoking ban applies as “an enclosed area which serves as a workplace, commercial establishment or an area where the public is invited or permitted.” The day before the state law took effect, the state system informed its almost 110,000 students and 12,000 employees via e-mail that — under its generous interpretation of the law — smoking would be banned absolutely everywhere on the state-owned campuses, including courtyards, parking lots and athletic fields.

Peter Garland, executive vice chancellor of the state system, said system officials believe the law applies to outdoor areas because of its stipulation that “public places” include “educational facilities.” It is more comprehensive, he said, to ban smoking at all places on campus than to determine specific places where, and circumstances under which, it should be allowed.

The law charges the state Department of Health with enforcement. Garland said, however, that the exact details of how the ban should be enforced on the system’s 14 campuses were still being determined. Although the law outlines multiple fines for violations — from $250 for a first offense to $1,000 for a third offense within a year — he said the primary focus of current enforcement was to educate the public about the ban and provide information about smoking cessation programs. Levying fines, he said, should neither be the first response to a violation nor the focus of enforcement at this early stage.

Some state employees, however, feel that the ban should not have even been enacted. The Association of Pennsylvania State College and University Faculties (APSCUF) — a union representing more than 6,000 faculty members and coaches in the system — filed an unfair labor practice charge Monday with the Pennsylvania Labor Relations Board against the system for failing to discuss the ban with it and other related unions.

“The [state system] has cleverly made the politically correct decision to go ahead and ban smoking both indoors and outdoors,” Steve Hicks, APSCUF president, stated in a press release. “But the system is mistaken if it thinks [APSCUF], or other unions, is going to ignore its basic mission of negotiating the working conditions of its members; it is its most basic function.”

Additionally, Council 13 of the American Federation of State, County and Municipal Employees — a union representing about 2,500 clerical, custodial and other workers throughout the system — insists that it, too, should have been consulted to negotiate the terms of the ban. Darrin Spann, assistant to the council’s executive director, said smoking is a mandatory subject of employee bargaining and that every state organization other than the university system negotiated details of the new state law with his union. He said the union plans to meet with system officials October 13 to discuss the matter further.

“We’re not asking for anything unreasonable,” Spann said, noting that the union would seek the creation of designated outdoor smoking areas on all 14 campuses. “I think it’s ridiculous for the state system to interpret the law this way, because of its name. The name is there for a reason. It was put there for people to understand that this was an indoor ban only.”

Although Garland confirmed the system’s October meeting with the union, he said it will not be a negotiation. It is clear from the system’s interpretation, he said, that the campuses would remain completely smoke free in the future. He added that there will be no conversation about a compromise with the union to allow smoking on certain parts of the campuses.

“Interpretation of the law is not open to bargaining,” Garland said. “We view this as the best interpretation of the law. The fact of the matter is this affects all public and private entities. Odds are there is going to be some variation in enforcement of the act.”

Pennsylvania’s other public universities — including the University of Pittsburgh and Pennsylvania State University — do not interpret the new state law as harshly. Both institutions ban smoking indoors and within certain perimeters of buildings but do not extend the bans to outdoor areas. John Fedele, Pitt spokesman, said a ban throughout its urban campus would be “far more difficult to enforce than on a self-contained campus,” as many university buildings are intermingled among privately owned property. Conversely, Bill Mahon, a Penn State spokesman, said while outdoor smoking is not banned at the university’s flagship campus, in University Park, it is banned at some of its more compact branches, such as the medical campus in Hershey.

At Clarion University, a state system institution about 60 miles northeast of Pittsburgh, about 60 students held a “smoke-in” in the courtyard near the campus library to protest the ban. The protesting students had demands similar to those of the unions.

“We’re simply asking for some compromise, like one or two designated (smoking) areas on campus,” Steve Dugan, a freshman, told the Associated Press at the protest. “It would have been better if there were more warning given and a chance to put in our own ideas.”

David Moltz

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Comments

Indoor/Ourdoor equivalence

If the U of PA can redefine “indoor” to encompass “outdoor” they shouldn’t stop there. Surely there are other areas this power can be employed ... perhaps “good health” can be stretched to eliminate “illness"; “peace” trumps “war"; “good” eats “bad.” Why, together we can change the world!

BertW, at 9:01 am EDT on September 25, 2008

Tomato, Tomahto — Potato, Potahto — Inside, Outside — Let’s call the whole thing off

themichiganguy, at 10:45 am EDT on September 25, 2008

Next: Ban Discussion of Smoking Rules

Maybe these university officials now can follow the lead of those at the University of Illinois, who just prohibited faculty from having political bumper stickers on their *personal* cars. Penn officials can now prohibit discussion of the smoking ban, thereby solving all existing problems.

This strategy, after all, mimics that of leading politicians, who decline to discuss the issues of the day with the press and who find excuses to avoid previously scheduled national debates. Why shouldn’t university administrators have equal rights to stonewall? And then simply impose their views on their consituents?

fecalito, at 10:45 am EDT on September 25, 2008

It is amazing to me how few people take notice when things like this happen and the US marches ever closer to a Police State, Thought Police and the like...scary.

With Trepidation, What will the title of this book be?, at 11:26 am EDT on September 25, 2008

Against smoking, pro rights

This is a tough one for me.

I am for removing smoke from public places where people gather, as it is harmful to people to breath second hand.

I am however very much for liberal rights and believe a ban on pot is just as crazy as ban on smoking or alcohol.

I believe a good medium is to ban it from areas where the HVAC system and air flow systems are not 100% unique inside a building (e.g. a smoking section in a bar is not really separate most of the time)

I believe establishments who hire employees to work in areas of smoking should be notified upon employment and must agree to it. Employees who are asked to cover an area that is smoking w/o first agreeing to it should have the ability to be protected ala a whistleblower act.

I believe the campuses in Pa could do better but simply saying smoking outside doorways is prohibited except for 1 designated area for each building complex. This lets patrons know that is the smoking door, and gives the smokers a place to enjoy. Smoking should also be banned from 30′ from each door or where a crowd of more than 15 are gathered (ala a picnic, soccer event, etc). These are tough to enforce and vague which can cause argue, but if you give people an opportunity to be good citizens, I think they will do such, and non smokers will respect smokers and vice-versa.

Chris G. Sellers, at 11:26 am EDT on September 25, 2008

A little slice of heaven...

I know,I know... this ban will probably be modified, if not outright overturned. And I do feel some sympathy for the union/smoker position, particularly when I imagine the opposite extreme — an all-smoking campus would be unbearable to me.

But in the meantime, as a non-smoker who’s had to run a daily gauntlet of nasty, foul air just to get in and out of my workplace, I plan to enjoy the heck out of not having to hold my breath.

Take a Deep Breath — finally!, at 11:50 am EDT on September 25, 2008

I teach at a smoke-free campus (we went smoke-free 1 1/2 years ago) and couldn’t be happier. We previously had “designated smoking areas” which were an abysmal failure. People used the most convenient location, that is, right outside building entrances, to smoke, instead of walking 20-30 feet to locations with appropriate air movement and butt receptacles. Attempts to enforce smoking in designated areas met with rudeness and verbal abuse. There was concern about losing students as a smoke-free environment, but we have not noticed a change in numbers.

HMorris, at 12:30 pm EDT on September 25, 2008

Freedom, Rights, Etc.

Compare the number of posted comments to this article to those posted at the other hot-button issue of today —- political speech.

Then try to relate the “freedom” and “rights” arguments presented there with those here.

I contend that we are being very selective in asserting our rights in pursuit of our freedoms.

Only the Law is the law, and regulations or proclamations are not, by definition, the Law. We are a bunch of hypocrites.

If we accept that we can deny people the right to even politely use a legal product, then we must accept the fact that an employer can ban conditions enhancing a hostile environment. Isn’t this the argument used against harrassment?

Good citizenship does not mean that all of our potential actions be codified. This is impossible to do. We should just not be hysterical.

Let the smokers smoke away from in our faces, and let the motivated campaign away from in our faces as well.

DFS, at 2:21 pm EDT on September 25, 2008

Fair and responsible

The unions are correct:they should have been included in the conversation and a reasonable accomodation should have been made, unless legislators are going to try to go as far as an outright ban on cigarettes, but we all know how that would work.

As a non-smoker with allergies, I applaud the intent, but I agree with the prior post that commented on the opposite. I know how I would feel if we live in bizarro world where everyone except me smoked.

A compromise, we could ask smokers to wear a diver’s helmet like device which pumped the smoke back into their helmet. A Self Contained Healthy Indoor Smoke Machine... A Schism.

It could work...

dundermifflin, at 3:20 pm EDT on September 25, 2008

Fresh Air

Smoking is neither a right, nor a privilege. It is an addiction. Worse, smoking is an unhealthy—indeed, deadly—addiction that effects, even destroys the health of smoker and non-smoker alike.

Personally, I fail to understand why the “right” of people to smoke is so often a hot issue. As a non-smoker, I do not have the “right” to leave my desk several times a day to pursue personal (potentially poisonous) activities—and get paid by my employer to do so, to boot! As a non-smoker, my employer does not appreciate it when, sickened by other people’s cigarette smoke and/or the stench of cigarettes on their bodies and articles of clothing, I am forced to miss time from work—not to mention waste the benefits the unions have worked so hard to gain for me!

Can we shoot up on company and/or school property and time and force others to do so as well (just as smokers cause others to inhale sickening cigarette smoke—whether they want to or not)? Can we imbide alcohol on company and/or school property and time, waving bottles of beer or liquor around, splashing and sloshing their contents down non-drinkers’ throats?

A ban on smoking in public environments is not an infringement on people’s rights. Rather, it is protection of the health and well-being of smokers and non-smokers alike. This ban does not extend to people’s homes. Smokers can still smoke in the privacy of their own homes on their own time—and not, incidentally, get paid to do it.

R., at 5:20 pm EDT on September 25, 2008

SCHISM

HA HA HA! (Oops, I’m sorry —- I should have said LOL.)

Thanks for the humor. Humor is needed, as long as we keep in mind the consequences of our actions or inactions.

I pass by my most senior professor’s office in my department each day when I go to work. I cannot avoid his office door, with his cork-board. Each day I get a full dose of the pro-Democrat position, IN MY FACE, without relent.

Some of my students convey this to me as well. They are reluctant to avail themselves of his EXCELLENT mathematical guidance because of this. (We share a math faculty staffing of an open lab.)

What do I say? Am I supposed to make excuses for this fine man, when otherwise I agree with the students? The “harrassment” issue is still present.

Keep in mind that although I love his ideas about math, I myself am in direct opposition to his philosophies otherwise. Since he is also a councilmember in the local township, his power is in my face.

DFS, at 5:20 pm EDT on September 25, 2008

Stamping out smoking

If we can ban smoking inside and outside at public universities, why can’t we ban smoking in public housing as well? I live in an apartment complex. I am tired of “sharing” the next door nico-addicts’ smoke in my apartment.

TheSaint, at 8:30 am EDT on September 26, 2008

If this is about health and other societal benefits, it would be more productive to

* Ban soda machines and all of the other junk food in vending machines and help reduce the trend towards obesity in this country; college is a good place to start.

* Reduce automobile traffic near campus buildings and near sidewalks as the fumes from auto exhaust are more toxic than what is emitted by a smoker’s cigarette

* Prohibit SUV’s and other large, gasoline sucking cars from campus except when needed for job performance or for those who are car pooling with 3 or more people; their contribution to global warming creates a much greater risk to our students’ generation than that of the smokers on a campus.

So let’s admit. This type of ban is more about a vilification of smokers which stems from the anger and disgust our society feels towards the cigarette companies. Let’s redirect our attention and efforts towards issues that make more sense.

vilification, at 11:50 am EDT on September 28, 2008

[If we can ban smoking inside and outside at public universities, why can’t we ban smoking in public housing as well? I live in an apartment complex. I am tired of “sharing” the next door nico-addicts’ smoke in my apartment.]

I wish! Too bad smoking can’t be banned, period. It is unhealthy, expensive, and makes smokers and non-smokers ill. I, too, am frustrated by the cigarette smoke that pours into my bedroom from the people downstairs who smoke. I wonder, are there smoke-free apartment buildings anywhere? The only people who benefit from smoking are the tobacco companies, who have a stranglehold on this country.

[If this is about health and other societal benefits, it would be more productive to...]

It is—and getting a handle on smoking is one step toward a healthier society.

[*Ban soda machines and all of the other junk food in vending machines and help reduce the trend towards obesity in this country; college is a good place to start.]

Great idea!

[*Reduce automobile traffic near campus buildings and near sidewalks as the fumes from auto exhaust are more toxic than what is emitted by a smoker’s cigarette.]

Another good idea—of course, reducing the toxic exhaust fumes expelled by automobiles would be a better, more global solution. But you’ve got to start somewhere. Every little bit helps.

[*Prohibit SUV’s and other large, gasoline sucking cars from campus except when needed for job performance or for those who are car pooling with 3 or more people; their contribution to global warming creates a much greater risk to our students’ generation than that of the smokers on a campus.]

Spot on, again. We must develop—and aggressively market—alternative fuels that do not contribute to pollution and global warming. In the meantime, carpooling, public transportation, and the reduction of the thoughtless use of automobiles is yet another good place to start.

I am not vilifying smokers out of misguided anger and disgust. Smoking is dangerous, on so many levels—along with the aforementioned junk food, pollution, and global warming. This country needs to wake up—indeed, grow up—and realize that there are consequences for one’s actions. If we continue to poison ourselves and our environment with these toxic chemicals, we are going to ‘enjoy’ ourselves into oblivion.

R., Good Ideas!, at 1:00 pm EDT on September 30, 2008

To “R”

Dear “R,”

I hope you are a teacher, and not someone’s potential boss or employer some day in the USA.

You say that “I am not vilifying smokers out of misguided anger and disgust.” Well, perhaps you have stopped hyperventilating from these comments earlier: “. . . I do not have the “right” to leave my desk several times a day to pursue personal (potentially poisonous) activities—and get paid by my employer to do so, to boot!. . .Can we shoot up. . . and force others to do so as well. . . Can we imbide alcohol on company and/or school property and time. . .?

Note that “shooting up” or “imbibing alcohol” must assume some sort of intoxication. No, we don’t get paid to self-intoxicate.

If you are the boss, we peons are not allowed even to get up from our desks once per hour and walk around and stretch.

But if we “stink” of cigarette smoke, just get over it. You probably “stink” of perfume, or some kind of residue from dryer sheets which cause tickles in the throat, or the greasy-kids-stuff on your hair, or even your “stink” of an unwarranted attack against a LEGAL and accepted product.

If you don’t find a smoke-free domicile to rent, perhaps you should take that great independent step (I know, it’s hard to be on your own without the government to take care of you) and BUY YOUR OWN PROPERTY.

Perhaps then you may realize something further about RIGHTS.

Sincerely,Dave

DFS, at 4:40 pm EDT on September 30, 2008

Stamping Out Smoking

Dear Dave,

Thank you for your comments. Just for the record:

1. I have never hyperventilated in my life, thankfully.

2. Re: “Note that ’shooting up’ or ‘imbibing alcohol’ must assume some sort of intoxication. No, we don’t get paid to self-intoxicate.” — Smoking is perhaps not intoxicating (although I am sure there are some who would disagree with that.) However, like drugs and alcohol, smoking is addictive—hence the huge industry of drugs and programs devoted to smoking cessation for people who cannot quit due to their nicotine addiction.

3. Re: “If you are the boss, we peons are not allowed even to get up from our desks once per hour and walk around and stretch."—Now, that statement is a bit of a stretch, isn’t it? Nowhere did I say that employees, myself included, should not have to right to get up from our desks and stretch. But come one, let’s be honest: don’t we all know of those employees who take 15-20 minute smoking breaks multiple times a day—in addition to their allotted lunch hour and two-fifteen minute breaks per day?

4. For the record, I do not use perfumes or dryer sheets (I really don’t!) or greasy-kids-stuff on my hair (interesting choice of words, that).

5. As for my “’stink’ of an unwarranted attack against a LEGAL and accepted product"—Awww, Dave. This site requests comments. It is a blessing that we live in a country where we can each express our thoughts and our concerns. I will point out, though, that just because something is currently legal and accepted (I must admit to a shiver going up my spine on that word), that does not signify. Slavery was once legal in this country. And cocaine was once an ‘accepted’ form of pharmaceutical by the medical profession. Things change. Often for the better.

6. I fail to understand the connection between apartment dwelling and ‘being taken care of by the government.’ According to the 2000 census, about a quarter of the U.S. population lives in apartments or condos. Are you suggesting that all of those who choose to rent a home are in some way subsidized by the government?

Frequent use of all-caps is tantamount to shouting. I hope that you are feeling better now.

Sincerely, Rae

R., Thanks for Your Comments, at 10:20 am EDT on October 2, 2008

Back to you, “R”

Thanks for your polite reply.

Sorry about the shouting; I haven’t yet been able to figure out bold-faced or italics in this venue, so out of expediency I used capitals.

“Greasy kids stuff” is a familiar phrase to me since I’m old; it’s no implication on your age. I was merely pulling things out of my daily perceptions which annoy me but seem inevitably uncorrectable. (Much of our upholstered furniture is darkly stained. What do we do? —- if we clean it, it’ll still be restained. I guess that we must replace it, but then, why should we?)

Yes, there are plenty who get up and stay away from their duties much too long. Often, they are smokers. But, most of those, in my observations, are not. They merely get up, post a note on their doors, and then go to socialize with someone. (After all, most people don’t smoke.) If cornered, it’s merely just to be collegial, or they are “working,” according to them. There’s always something they can say to justify this.

I have smoked for 38 years, and I have never done so in anyone’s face. Sure, I suppose I reek of smoke to some, and I’m self-conscious about it. But, whenever I go out for a smoke I always take something with me to read or annotate, since I am always working.

About the dependence on government —- okay, ‘I’ was hyperventilating there (I wish I could have boldfaced that “I” for emphasis. . .), and I apologize to you for that.

In closing, if IHE keeps this thread open long enough, (sorry) PLEASE tell me how to boldface!

Dave

DFS, at 2:35 pm EDT on October 2, 2008

Dave:

I know a (very) little HTML coding. The two HTML commands I know best are for creating italics and bold letters.

To make something bold, you need to type the appropriate HTML code both before and after the word or words you are interested n formatting. It is probably useless to type the commands here because they will become invisible once I hit Submit. The most important thing to remember, I think, is that you must always “close” your HTML command at the end of your word or phrase. If you just type in the ‘prefix’ before the word or phrase, but forget to tell the computer that you are finished with that command, well, nothing will happen except that you will have some odd characters before the actual words.

This probably makes no sense, does it? Here are links to a couple of HTML tutorials. There are many on the Internet. The first link is nice because you can actually practice with the HTML commands and see your changes as you go: W3Schools HTML Tutorial

(If my hot link does not work, here is th eURL: http://www.w3schools.com/html/tryit.asp?filename=tryhtml_formattingch.)

This second site provides a list of HTML codes. Click on the hotlink for the code you want to use and a popup window provides and example of how to type that command: HTML Code Tutorial

(And if that hot link does not work, here is the URL: http://www.htmlcodetutorial.com/quicklist.html.

I don’t know if the hotlinks I have provided for these two websites (using, by the way, HTML code) will show properly once I hit Submit. These plain text comment boxes can be problematic.

I hope this helps.

Rae

R., HTML Codes, at 11:00 am EDT on October 3, 2008

Stamping out Smoking

Dave,

I live in an apartment. It is public housing — none of us own the apartment we rent. It is not subsidized housing. (Yes, there are thousands of apartments out there that are not Section 8 or otherwise paid for by the taxpayers.) Many of the renters in this community are professionals. Some are students. All are taxpayers. None are subsidized. I hope this clears this up for you.

I have no desire to own a home. Why should I have to? If I have the right to not have to suck in your nico/chemical-enhanced smoke on the bus, in the workplace, or in stores, why should I have to just because I rent my home?

By the way, with the downturn of the economy, some of your best friends may end up in apartments.

TheSaint, at 11:40 am EDT on October 3, 2008

Thanks, Rae!

You’re not so bad after all. . .

The first link says the file doesn’t exist, but the second one is wonderful.

You’re instructions are so logical and consise that I can correctly assume that you’re not a writer of software Help files, right?

I really appreciate your help.

Davd

DFS, at 3:00 pm EDT on October 3, 2008

Nope, I’m not a writer of software Help files. I’m a librarian. Information is power.

Congratulations, by the way. You are no longer an HTML virgin. Good job!

Roxanne

R., You’re Welcome, David, at 10:36 am EDT on October 7, 2008

Smoking Ban

All I can say it it is about time. Smoking is no more of a right than sleeping on the job.. I am sick and tired of paying increased insurance premiums because somebody wants to spend $6 bucks a pack on cigs.. Let the smokers whining and moaning fall on deaf ears.. Too bad other states don’t have the courage to do the right thing.

CUrt, at 12:25 pm EDT on October 8, 2008

It’s unconstitutional and violates civil rights to pick and choose — if it is not enforced equally they will lose the lawsuits -just ask Kentucky — Welcome to the United Socialist States of America. Be sure to tip your Congressmen and Senators.

Julie, at 1:55 pm EDT on October 8, 2008

I would like to ban all perfumes (men’s and women’s), and the noxious perfume-laden Old Spice deodorant and the like. In addition, I would like to ban all potpourri, spray scents (including most Febreeze varieties), timed bathroom “spritzers” and any other noxious artificial scents. I am horribly allergic to the above but not “allergic” to cigarette smoke. Every day, I am inundated, and indeed take prescribed medication on days when my colleague, soaked in perfume, prances past my office.

Smoking outside may be an inconvenience, but I’m not convinced that the casual inconvenient encounter outside is any more toxic than the chemicals in your styrofoam cup or scotch-guarded furniture.

As for health—all recent studies indicate that obesity and poor nutrition can be blamed for more deaths annually than smoking. It is the number one killer (causes a variety of cancers, diabetes, surgeries for blown-out knees, results in absenteeism, etc.) So while we “have to start somewhere” as one person mentioned, we did just that. Smoking has not been permitted in buildings for twenty years. Let it rest at that.

One last note of irony: Indiana University of Pennsylvania (IUP) is one school affected by the Pa ban, and I go into allergic fits to the perfumed soap it stocks in every rest room(obviously costing them on the order of three cents per ton, else why else would the institution fill dispensers with something so horrible)? So the smoke doesn’t bother me, but the soap does. (and there I go with another allergy pill, thanks to IUP).

Allergic, Can we also ban..., at 3:45 pm EDT on October 8, 2008

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