We need Anybody and Everybody to burn up the phone lines to the US Senate tomorrow morning and object to the passage of this bill. Anything you can do to make this happen will be greatly appreciated. There may be no more tobacco mail order if this bill is passed tomorrow. PLEASE FORWARD THIS REQUEST TO ANYONE YOU THINK CAN HELP US.

REMEMBER… There may be no more tobacco mail order if this bill is passed tomorrow.

PACT Act
THE SITUATION: Right now there is legislation pending in the United States Senate - the Prevent All Cigarette Trafficking Act of 2009 (“PACT Act”) (S.1147) which contains, among other bad ideas, a provision to make ALL cigarettes and smokeless tobacco products nonmailable. This legislation has already been passed by the House of Representatives and is currently in a Senate Committee that could send it to the Senate floor at any time for a vote!

Click here for a detailed description of how YOU can help defeat the 2009 PACT act in PDF format.

“In a senior community, you think we’ll all be compatible and have the same values,” said Richard Ganguet, a retired El Dorado County sheriff’s deputy.

But three years after settling into their single-family home in El Dorado Hills’ Four Seasons development, the Ganguets are suing their next-door neighbor over cigar and cigarette smoke they say wafts into their backyard and house.

Because of the smoke, the couple say, they no longer sit on their patio. They also try to sandwich in swims in the side-yard lap pool between their neighbors’ smoking sessions.
Doug Smith, attorney for the neighboring homeowner, Florence Solone, said the issue is a trivial one that should be resolved by neighbors talking with each other, not with a lawsuit in El Dorado Superior Court.
But disputes between neighbors over secondhand smoke are increasingly making their way into courtrooms and city council chambers.

With smoking banned in workplaces, restaurants and bars, Californians are less willing to tolerate the smell of smoke in their houses or backyards, said Robin Salsburg, a staff attorney with the Oakland-based Public Health Institute’s Public Health Law and Policy program.

Nearly 87 percent of California residents are nonsmokers, she said.

“The social norm is changing faster than I can blink,” said Serena Chen, regional director of policy and tobacco control for the American Lung Association in Emeryville. In 2006, she helped persuade the East Bay city of Dublin to define secondhand smoke as a nuisance in its city code.

The majority of litigation related to secondhand smoke involves apartments and condominiums with shared walls. But Chen said the Dublin City Council’s action was prompted by a woman living in a single-family home whose health was compromised by smoke drifting from her neighbor’s yard.

When the Ganguets moved into their home in 2006, they were the first on the block. The pool was in place before there were neighbors.

They say residents and visitors at Solone’s home smoke in the backyard at all hours of the day and night. Several people puffing away at once has resulted in smoke settling in their backyard like a low fog, Richard Ganguet said.

When he or his wife open windows or operate the whole-house fan, he said, smoke is drawn into the house.

They’ve tried dispersing the smoke, first with a small fan set near the fence. When that didn’t work, they rented an industrial fan to blow the smoke up and out of the yard. But the fan is noisy and potentially disturbing to other neighbors.

The Ganguets said they rarely see Solone and tried to talk with her by phone, but they believe their calls were screened. They followed up with letters, but said they received no response, orally or in writing.

“Nothing changed,” Richard Ganguet said, until they filed the lawsuit.

A man who answered the door at the Solone home last week identified himself as Steve Solone, Florence Solone’s son. Steve Solone said he, his sister and brother-in-law live with his mother, and he and his brother-in-law smoke outside.

“My mother doesn’t allow smoking in the house,” he said.

Steve Solone said he smokes about a pack and a half of cigarettes a day, but he wasn’t aware the smoke was an issue for the Ganguets until his mother was notified of the lawsuit. Steve Solone said he didn’t think the smoke would travel outside the yard.

Florence Solone did not respond to requests for comment. Smith, her attorney, said he advised her not to discuss the lawsuit.

The smoking, Smith said, occurs in a three-walled patio area with fans.

“Florence Solone is like everybody’s grandmother,” said Smith, who said he has known the Solones for years. “She’s genuinely nice.”

The Solones want to live peacefully with their neighbors, Smith said. He characterized the Ganguets’ letters as intimidating because they threatened a lawsuit.

Smith said he sought a meeting with the Ganguets’ through their attorney, David Trapani, before the lawsuit was filed Oct. 1 but was rebuffed.

Trapani said his goal is to resolve the issue before the case goes to trial, but because the Ganguets filed a lawsuit, any settlement would be enforceable by the court.

“They have a right to smoke,” he said, “but that right ends when it impacts someone else’s property.”

Donna Ganguet said she and her husband considered selling their house and moving rather than resorting to a lawsuit, but they believe the smoke problem would hinder a sale.

“We don’t want to be controversial or confrontational,” she said, “but sometimes you have to take a stand.”

COLLEYVILLE, TX, November 01, 2009 /24-7PressRelease/ — What started as a noble cause with lobbying groups like the American Cancer Society, Americans for Nonsmokers’ Rights and Mother’s Against Drunk Driving, is now morphing into a multi headed monster as they became a victim of their own success. Both have campaigned and succeeded in getting stricter laws on drunk drivers and smoking which most all of us applaud. They don’t seem to be satisfied with just protecting the victims any more. They are now taking aim at personal freedom as they move to control your behavior even when your behavior in public or private is not harmful to anyone else.

The original case for the smoking bans was to lower smoking rates, to protect people from the effects of second-hand smoke and to promote public health. Enter the electronic cigarette, an amazing device that aligns with the needs of the smoker and lives up to the demands of the anti-smoking organizations.

An electronic cigarette or “e-cigarette” is a battery-powered alternative that provides inhaled doses of nicotine by delivering a vaporized liquid nicotine solution. When you make the switch to an e Cigarette you are really vaping instead of smoking. It gives the user the physical sensation and nicotine hit that smokers crave without tobacco, smoke, or the combustion. It should be a real crowd pleaser to all non-smokers. But it isn’t.

Several anti-smoking groups are going after this product to be included in bans instead of embracing it as a better product than tobacco cigarettes. These groups may be following the misguided propaganda being put out by special interest organizations that have an allegiance to the big business of pharmaceuticals and tobacco. The electronic cigarette produces no second-hand combustion smoke because there is no combustion. The tobacco companies don’t make e cigarettes and probably don’t care much for their existence.

This unconscionable behavior from “people who are supposed to care” makes Kyle Newton, owner of eCigarettesChoice.com, take a step back in disbelief. “I lost my mom, her sister and my grandmother to cigarette related deaths within the last six years. I just wished e cigarettes could have been available a long time ago. If I didn’t believe in this product, I wouldn’t be so adamant about promoting it.”

One organization that shows no particular allegiance to special interest money is Action on Smoking and Health (ASH). In their October 2009 briefing, ASH in the United Kingdom released a favorable position on electronic cigarettes which is the exact opposite position taken by a few the control groups in the United States.

ASH’s UK Position on E-cigarettes
“ASH supports a harm reduction approach to tobacco, that is, we recognize that whilst efforts to help people stop smoking should remain a priority, many people either do not wish to stop smoking or find it very hard to do so. For this group, we believe that products should be made available that deliver nicotine in a safe way, without the harmful components found in tobacco. Most of the diseases associated with smoking are caused by inhaling smoke which contains thousands of toxic chemicals. By contrast, nicotine is relatively safe. Therefore, e-cigarettes, which deliver nicotine without the harmful toxins found in tobacco smoke, are likely to be a safer alternative to smoking. In addition, e-cigarettes reduce secondhand smoke exposure since they do not produce smoke.”

Right now the fate of the electronic cigarette is in the hands of a federal judge for a ruling on who has regulatory authority. The electronic cigarette has been around several years without any reports of harm attributed to its use. The elimination of electronic cigarettes as a choice for smokers would be the death sentence for millions. I would hope that common sense would prevail in deciding which product is less harmful and the opponents of this product would reflect on the magnitude of deaths the that will be on their hands if smokers’ are only given one choice.

But not every country is trying to kill that buzz. On the flip side, some of them, such as Greece, are attempting to crack down but are failing miserably.

You may feel alone smoking in some major U.S. cities, so we’ve compiled a list of countries with the most prevalent tobacco use among people aged 15 or older, based on 2005 data from the World Health Organization.

Nonsmokers, too, will want to take note of the list. As you might guess, a smoker’s paradise can be, in turn, a nonsmoker’s hell.
1. Greece: Because their country belongs to the European Union, Greeks are exposed to smoking literature and regulations that condemn the habit.

But that’s not going to stop them. More than half of all adults, or 51.8%,  living in Greece smoke tobacco. It’s the only country above the halfway mark, according to the WHO data.

Surprisingly, though, tobacco use among Greek adolescents is relatively low, at 16.2%. That puts the number of Greek users aged 13 to 15 at No. 76 of all countries where data were collected.

Maybe all that anti-tobacco talk is starting to influence the younger generation. Either that or their parents are. Ask most kids, and you’ll find that anything Mom and Dad do is uncool.

2. Nauru: This tiny island republic near Papua New Guinea was previously known as Pleasant Island. That’s probably because nobody told the legion of smokers about lung cancer. WHO reports that 49.2% of the island’s inhabitants smoke tobacco. Still, we’re guessing Marlboro hasn’t bothered targeting the 14,000 or so living there.

3. Russia: Some Russians use cigarettes as a way to trick the body into feeling warmer. It’s no wonder then that 48.5% of the Russian Federation population uses tobacco. Smokers heading for the frozen motherland should probably bring along a pack of smokes and a bottle of vodka. It’s a party!

4. Austria: While much of America’s narrow view of Austrians may center around California’s governor, the health buff, it’s hard to imagine Arnold Schwarzenegger pumping iron and puffing smoke. In fact, Schwarzenegger is a “cigar aficionado” of sorts. And 43.3% of people who live in Austria consume tobacco.

5. Belarus: Unsurprisingly, the former Soviet Union territory, which is bordered by Russia to the north and east, picked up the nicotine habit. Of about 9 million residents, 42.6% of the adults use tobacco.

6. Bosnia and Herzegovina: Looking for a smoking-friendly place with varied climate and topography? This southeastern European country isn’t a bad spot. You won’t feel left out when you light up because 42.3% of adults will be right there with you.

7. Serbia: As it turns out, smoking is pretty hip in southeastern Europe. Adult smoking in Serbia parallels that of Bosnia and Herzegovina. Tobacco popularity among adolescents is similar as well — around 13%.

8. Samoa: Looking for a tropical isle on which to lounge around, cigarette in hand? Forty-one percent of adults in the island nation of Western Samoa, located in the Pacific Ocean, puff on tobacco.

9. Laos: WHO data were incomplete for Vietnam and Myanmar, also known as Burma — although what we have show strong signs of tobacco use. But for the bordering Lao People’s Democratic Republic, smokers are aplenty, encompassing 40.5% of the adult population. Interestingly, Laos has even fewer adolescent smokers than Greece does, amounting to just under 9%.

10. Hungary: Smoking is just as prevalent in the central part of the Continent as in the southeastern part. Smokers looking for a safe haven won’t be alone: Hungary is a popular tourist destination.

I appreciate a smoke-free dining area. I can’t argue with evidence that second-hand smoke is harmful. I can, however, point out exaggerations from both sides.

I have not made a study of studies, but it stands to reason that frequency and intensity of exposure come into play - and I have rarely seen those cited. The danger from second-hand smoke and a host of other things we ingest is relative to exposure.

Passionate proponents would have us believe that a passing whiff of cigarette smoke endangers lives. Passionate opponents would have us believe that bar and restaurant business will evaporate like smoke if patrons can’t light up.

There has long been a national movement toward smoke-free public environments that will be nearly complete when all bar and restaurant smoking is forbidden. That is the direction of the public tide. It is unlikely that will reverse anytime soon. But the question is raised about how much freedom of living we are willing to trade for ridding our lives of risk - or more specifically, ridding the lives of our neighbors of risk whether or not they choose healthier lifestyles.

One could make a substantial case that alcohol should not be consumed in public. There are the second-hand effects of car accidents that take innocent lives. There are the unwanted pregnancies, the domestic violence and wanton acts of vandalism that occur because someone’s sense of judgment has been diluted with too much alcohol.

We tried that regulation once. It was called Prohibition. It was repealed.

The army of good people concerned about public health could attack fast foods and all manner of sugars that add to waistlines and strain hearts and shorten lives.

The insurance industry and its minions of attorneys could decide that children cannot safely play on playgrounds unless they wear protective head gear. Some day in the future we may be forbidden from walking on a beach without a full coating of heavy-duty sunscreens.

Where does regulation of public health end? Yes, healthy living is to be taught and marketed and lived by example. It is what many of us want. But do I get to make my own choices? Or does your superior embrace of a healthy life give you the right to make choices for me?

And have we found a way to support a society of people whose average member reaches a healthy century of living?

I would like to see the smoking issue be one of marketplace decision. Smoke free bars and restaurants would attract the healthiest of patrons. Those that still permit smoking would either change in the face of client choice or thrive with patrons who still choose a smoky environment. Let the marketplace decide.

So go to the polls on Tuesday. Voter turnout is predicted to be light. Your vote can make a difference. You can choose restriction or you can vote for freedom of the marketplace. It is your choice. And we will all learn to accept the outcome, however it falls. Won’t we?

Or will we take one modicum of successful control and find new targets?

Those are some of the questions Menlo Park’s City Council will take up in a study session at 7 p.m. Tuesday, Oct. 27. The meeting will be held in the council chambers, in the Civic Center complex between Laurel and Alma streets.

The city will also consider adopting a licensing requirement for tobacco retailers, after El Concilio of San Mateo County lobbied the council to do so.

Menlo Park resident Barbara Franklin has been stumping for a ban on smoking in multi-unit residences in the city for almost a year; the council is taking up the issue at her request.

E-cigarettes are used by at least a half-million Americans, says Matt Salmon, head of the Electronic Cigarette Association.

“People who smoke ought to have better alternatives, because some can’t quit,” he says. His father, a longtime smoker, died last week of cancer and emphysema.

Public health officials question the safety of e-cigarettes. The Food and Drug Administration, which regulates tobacco and nicotine replacement devices, says the e-cigarettes it tested had carcinogens. E-cigarette distributors have filed a lawsuit challenging the FDA’s authority.

“It’s a new frontier. We don’t know what the dangers are,” says John Banzhaf of Action on Smoking and Health, an anti-smoking group.

“We’re actively investigating these companies and their products,” says Connecticut Attorney General Richard Blumenthal. Other actions:

• California passed a ban on e-cigarette sales, but Republican Gov. Arnold Schwarzenegger vetoed it this month.

• Oregon Attorney General John Kroger, a Democrat, reached a settlement in August with retailers and distributors not to sell them.

• New Hampshire state Rep. Rich DiPentima, a Democrat, is crafting a bill to ban sales to minors.

• New Jersey state Assemblywoman Connie Wagner, a Democrat, plans a bill to subject e-cigarettes to the same restrictions as cigarettes.

• In Paramus, N.J., the health department’s board plans to propose an ordinance today banning e-cigarettes where smoking is not allowed.

• In August, Suffolk County, N.Y., restricted e-cigarettes in public places and banned sales to minors.

To Julie Woessner, 46, a former smoker in Wildwood, Mo., they are “almost a miracle,” allowing her to kick her two-packs-a-day cigarette habit.