Monday, January 28, 2008

Letter to the Illinois State Government

To whom is may concern,

I am writing you this letter today to see if you would be able to offer any answers for my inquiries. Due to the recent smoking ban within Illinois, I, as a smoker, are no longer allowed to smoke in any bars or restaurants within state lines. I am also forbidden to smoke within 15 feet of any public entrance.

I am first wondering why you decided to make it a universal ban instead of allowing some bars and restaurants to allow smoking at their discretion? I ask this because there are many bars and restaurants in Chicago that are more prone to have cigarette smoke then others. If you look in any picture of a blues or jazz club, there is cigarette smoke and smokers throughout the picture. It just seems to be part of the culture. There are also many rock bars out there that follow the same pattern. If these are places known to have smokers attending frequently, isn't that a good enough warning for those that do not want to breathe in the smoke. Smokers know the consequences of their actions. I personally know that there are many things that can hurt your health within cigarette smoke, and acknowledge that second-hand smoke can be harmful as well. There are many places that I have visited that have had fantastic ventilation systems and were very efficient with making the air cleaner for all those within the establishment. Did you explore the possibility of having a specific zoning need for bars and restaurants to have up to date and effective ventilation systems?

I first didn't understand with the ban of smoking on train platforms that were outside. The underground platforms were understandable, but those out in the open have enough air movement not to bother those around you. I also wanted to ask about the 15 foot barrier around all public entrances. I, like many other residents of Chicago, take the train and walk to work. This means that I walk from the Grand Red Line Station to my office. During this walk I am passing public entrances well within 30 feet (this would be taking two entrances' 15 foot area and having them reach each other). Does this mean that I am no longer allowed to smoke on this sidewalk? Because most of the sidewalks in the city carry this same level of proximity. This would mean that I would not be able to smoke on most sidewalks around Chicago. Where is there left for me to smoke, the middle of the street?

The third and last inquiry that I have refers to Illinois cigarette taxes. I recently read an article that said that just under $5 in the cost of a pack of cigarettes is tax. This means that when I walked to 7 Eleven last night and picked up 4 packs of Camel Wide Lights, $20 our of the $29 it cost me went to the state. But if I am not legally allowed to smoke anywhere but my own home or in that sliver of room between public entrances, why do I have to give the state money? The state is enforcing rules that make me feel like I am a criminal for having a cigarette, but I still have to pay in excess per pack to the state.

If you look at this situation in a very literal form, it pans out like this. In order to not break the law, I need to smoke in the street. The biggest danger of standing in the middle of the street is being hit by a passing car. But whether or not that happens, I am rendered helpless and I am robbed. If I was laying there helpless, a state representative would be going through my pockets, counting how many smokes I had on me at the time and then taking my money to cover the tax on them. But what if I dropped a cigarette butt in the street when I was hit. I would most likely be ticketed for littering and possibly loitering.

If you could please answer these questions for me, I would greatly appreciate it. I started smoking because I chose to. This state feels the need to punish me in every way possible for making that decision. I have to tell you that if this is the route that you are using to try and make people quit, then you won't receive your tax money anyways. I would like for you to review your policies and see if you could work out a compromise.

Thank you for your time.

Sincerely yours,

Hitman
(Smoking since 1999)

3 comments:

CO said...

No matter what ventilation you have in a bar/restaurant, etc., cigarette smoke always fills the room. You probably don't notice it as much because you're a smoker...but it's terrible. As an avid NON-smoker, I appreciate the law. It's not fun to walk out of any building, including a jazz club, lounge or bar, and smell like you just smoked a cigarette yourself. Just because something became part of the "culture" back when little was known about the damage of cigarettes doesn't mean it's okay in 2008. Why should non-smokers be subjected to secondhand smoke when we've made the choice NOT to smoke? I'm not going to tell you not to smoke, and I don't understand the "distance" rule, but I choose not to put cigarette smoke in my body...and I would rather not have to ingest your cigarette smoke either if possible. Sorry...just my opinion :-)

Anonymous said...

I took a look at the statute and there are a couple provisions that still allow you to smoke. (Number 3 is the best option in my opinion)

1) You can still smoke on the sidewalk outside your apartment, or anyone else's apartment for that matter. You can smoke 6 inches from someone's window as long as it's a private residence and is not used for child care, adult daycare, or any health care facility.

2) If a bar violates the ban, the first offense will most likely be a $250 fine. It appears as though it's up to the Department of Public Health as to how they will enforce the statute, and there will also be a toll-free complaint number. If I owned a small bar, I'd push the envelope for $250. I know small bars in other states with similar statutes have avoided fines simply due to difficulty in monitoring them.

3) Open a private club and change the name and ownership structure once every three years, or simply shut down for a week once every three years. I'm not sure why the legislators included this exception, but private clubs (for example Knights of Columbus, Moose Society, or a Fraternal Order of Police Hall) are exempt from the statute as long as they have not been in continuous existence for more than three years. The only think I can think of is that one or more of those types of groups have a few legislators in their pocket and didn't want to leave their pipes, cigars, and the like, at home.

Garden Fresh Market said...

Maybe someday in the near future scientists will come up with some sort of smoke capturing device that will allow smokers to harness the toxic fumes coming from their cigs and convert that into some form of... like... useable green energy.

I'm thinking like the EPA's Landfill Methane Outreach program, on a teeny tiny scale. Smokers could get a tax break or something much like industry does when they implement GHS reducing programs. Granted, smokers would have to have some sort of futuristic device to smoke INTO.... but Hey! It could happen???

Or maybe I'm just being super optimistic. Now if you'll excuse me, I need to go hug a tree real quick.