Smokefree DC is a citizen-based group whose goal is to promote smokefree environments in Washington, DC.
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By Angela Bradbery, on September 20, 2011
On the bright side, the huge exemption to the smokefree workplaces law just got just smaller.
The D.C. Council today approved a measure that would limit it to two events per year: Fight Night (a charity fundraiser) and the annual event held by the Friendly Sons of St. Patrick, to which Councilmember Jack Evans (D-Ward 2) has ties.
That’s about the only good thing that we can say. The fact that the Council cavalierly and permanently weakened the popular health law is hugely problematic. The fact that it did so by bypassing the committee process – therefore ensuring no public input or debate – is even worse.
The Council was so caught up in a heated debate over taxes and bonds that they didn’t even debate the exemption, which is for two cigar-smoking events a year.
It was amusing, though, to witness Evans’ hypocrisy. He had the gall to complain that his colleagues had bypassed the committee process on the tax issue … which of course is exactly what he and Councilmember Michael Brown (D-At Large) did when pushing the smokefree exemption. In fact, he even told us when we ran into him recently at the Wilson Building that he bypassed the committee process because otherwise, he would lose.
So there you have it. Not a proud moment for the D.C. Council.
By Angela Bradbery, on September 19, 2011
 flickr photo courtesy of HitTrophy The D.C. Council is poised to yet again attempt to narrow the exemption it has been trying all summer to carve out of the smokefree workplaces law.
You may recall that language passed in June permitted 79 hotels to hold cigar-smoking events once a year. In July, the Council narrowed that to 25 hotels. This, despite the fact that Councilmembers who were pushing for it kept claiming — erroneously — that it would apply to just two events. Then Mayor Vincent Gray vetoed the July bill, which put us right back to the broader June exemption.
It appears as though the Council has finally figured out language that really really will make the exemption apply to just two events: Fight Night (a charity fundraiser that is held in the fall) and the St. Patrick’s Day bash held by the Friendly Sons of St. Patrick (which Jack Evans has ties to).
The language that is to be voted on tomorrow says:
Sec. 3 Section 4917(b) of the Department of Health Functions Clarification Act of 2001, effective April 4, 2006 (D.C. Law 16-90; D.C. Official Code § 7-743(b)), is amended to read as follows:
A(b) A hotel licensed under D.C. Official Code ‘ 25-113 shall be exempt from the provisions of this part once a year for one day for the purposes of hosting a special event that permits cigar smoking; provided, that the hotel shall:
“(1) Notify the Department of Health in writing in advance of the event;
“(2) Have a ballroom or special-event-catering space with an occupancy of 500 or more persons;
“(3) Pay a fee of $250 to be remitted to the Regulatory Enforcement Fund as established under section 4903;
“(4) Permit employees to opt out of working the special event with no penalty; and
“(5) Have been the recipient of a similar exemption between January 1, 2008, and October 1, 2011.”.
The only two events that have got this exemption previously are Fight Night and the St. Patrick’s Day events.
Smokefree DC appreciates the fact that the Council responded to the many emails we have sent pointing out that what the Council said it was doing (creating an exemption for two events) was not in fact what it did.
However, we still have an enormous problem with this, for two reasons:
1) The Council is bypassing the public. Here we have an enormously popular law, and the Council is weakening it without a single public hearing. This should go through the Health Committee. Why isn’t Councilmember David Catania insisting on that?
2) This law shouldn’t be weakened, especially not permanently. What the Council is doing is creating an exemption for these two events that will last in perpetuity. That’s insane. Really, the Friendly Sons can still have their event without smoking cigars, and Fight Night can still raise money without cigar-smoking. Note to the Council: Fight Night won’t move to Maryland; it can’t, because that state has a strong smokefree law too.
We’ll see what happens tomorrow. Too often, the language that is circulated before the Council meets is not what the Council ends up voting on.
By Angela Bradbery, on September 14, 2011
 Flickr photo courtesy of fashionfightspovertydc It isn’t often that a politician admits that his strategy is to bypass the public so he can win.
But that’s what D.C. Councilmember Jack Evans (D-Ward 2) told us yesterday when we ran into him outside the Wilson Building.
We were talking to Councilmembers about the large exemption the Council put in the smokefree workplaces law over the summer and urging them to repeal it. The exemption allows for annual cigar-smoking events in a large number of hotels throughout the city.
Evans saw us and greeted us as we were chatting with Councilmember Yvette Alexander (D-Ward 7), who still thought the exemption applied to just one event, a charity fundraiser.
Evans said he was willing to compromise by narrowing the exemption and asked if we would compromise and agree to it. (Of course, we’re not on the dais voting, so this line of reasoning was a bit odd.)
We said there shouldn’t be any exemption, and that we don’t compromise on health, but if he really thought it was warranted, why not put it through the committee process so the public can have input? (Evans and Councilmember Michael Brown (D-At Large) slipped the exemption into an unrelated budget measure and blindsided the public health community.)
Evans’ response: “If it went through committee, you would win!”
So there you have it.
A D.C. Councilmember acknowledges that if he were to be aboveboard and let the public have input on a measure designed to weaken an incredibly popular and effective smokefree workplaces law, he wouldn’t be successful.
So he used an underhanded tactic instead.
This also raises a question: Has Councilmember David Catania (I-At Large) abandoned his authority as chair of the Committee on Health to protect the health of hotel workers? It would appear so, given that he voted for two versions of the cigar-event exemption and has yet to insist that any proposal to weaken the law go through his committee.Perhaps he will rise to the occasion and insist that the right procedures are followed. After all, he was a great proponent of the smokefree workplaces bill when it was being debated and was instrumental in it becoming law. We lauded him at the time, with good reason. Let’s hope he still feels strongly enough about about protecting worker health to defend the law that he did so much to enact.
By Angela Bradbery, on September 14, 2011
To everyone who stopped by at Adams Morgan Day, thank you! It was great to say hi.
Smokefree DC’s table was in the health pavilion, on the tennis courts. We got a steady stream of people throughout the day. Most were unaware that the D.C. Council had weakened the smokefree workplaces law over the summer, so we educated them. Those who had heard something about it thought it was just for two events, which of course, it’s not.
We also gave out lots of stickers; we have a revamped design (no longer I’d love a Smokefree DC … instead, I love Smokefree DC!). The kids definitely liked them.
We hope to see everyone out at future events!
By Angela Bradbery, on September 10, 2011
 flickr photo courtesy of accentedcolours Smokefree DC will be exhibiting at Adams Morgan Day tomorrow, so come by and say hello!
We’ll be in the Health Pavilion at the tennis courts. We’ll be talking to festivalgoers about how the Council recently weakened the smokefree workplaces law and telling people what they can do about it. We’ll also be distributing information about smokefree housing and the smokefree law.
The festival is noon to 7 p.m. on Sunday, Sept. 11, on 18th St. NW between Florida Ave. and Columbia Road.
Hope to see you there!
By Angela Bradbery, on August 26, 2011
On Thursday, Smokefree DC sent the following letter to D.C. Council Chair Kwame Brown. We ccd the entire Council.
Aug. 25, 2011
The Hon. Kwame Brown
Chairman, Council of the District of Columbia
1350 Pennsylvania Ave., Suite 504
Washington, DC 20004
Dear Chairman Brown,
We’re writing to tell you that the information you relied upon to support your vote for an exemption to the smokefree workplaces law last month was incorrect.
In the July 12 meeting, in which the Council attempted to correct its June error and narrow the exemption, you stated that the amendment being considered would permit just two cigar-smoking events a year.
That is wrong.
The language exempted hotels that can hold events for 500 people or more. Below is a list of 25 hotels that meet that criteria, along with links to the hotel sites where the room capacities are described. The list also is available at http://tinyurl.com/3umt3tp. Under the July 12 language, 25 hotels can hold a cigar-smoking event annually.
Since the mayor vetoed the measure passed in July, we are now back to the underlying, overly broad language that permits 79 hotels to hold one cigar-smoking event each annually.
Chairman Brown, you were such a strong supporter of smokefree workplaces when the debate over the measure was raging, and we greatly appreciated it. We also appreciate that you voiced your support of smokefree workplaces during the July 12 meeting. We urge you to continue to stand up for the right of all workers to breathe clean air. You need not worry about Fight Night going to Maryland; that state has a strong smokefree workplaces law as well.
We hope the Council will revisit the matter in September. We urge you at that time to repeal the smokefree exemption altogether.
However, if you and other Councilmembers truly believe an exemption to the very popular smokefree workplaces bill is warranted, surely you would agree that such an exemption should go through the committee process – not be tacked onto an unrelated measure and voted on with no public hearing.
Thank you. We look forward to your response. Below is the list of 25 hotels that can handle events for 500 or more people.
Sincerely,
Angela Bradbery
Co-founder, Smokefree DC
Continue reading Smokefree DC letter to Kwame Brown
By Angela Bradbery, on August 17, 2011
 Flickr photo courtesy of petras_t The New York Legislature has passed a measure that would make train platforms and outdoor areas of the Metro-North and Long Island Railroad smokefree. New York City has already made its platforms smokefree. The bill awaits the governor’s signature.
That raises an interesting issue regarding Washington, D.C., transit. Metrorail property is supposed to be smokefree. That means not only the train platforms but the escalators. However, no signs are posted to tell people that, so smokers often light up on the escalators, which means everyone behind them breathes their smoke. I’ve even seen a Metro employee smoking on an escalator.
Even more boneheaded is the presence of ashtrays at the bottom of many Metro escalators. If you can’t smoke on the escalators, why put ashtrays at the bottom? That sends a signal that people can smoke on their way to catch the train.
As for bus shelters, they aren’t smokefree but should be. Smokefree DC has heard from a number of people who have a choice between huddling in a bus shelter with a smoker or standing in the rain. They should be able to breathe clean air while waiting for the bus. On the flip side, I have seen a number of considerate smokers move away from the shelter to smoke while waiting for the bus. To them, we thank you.
Bottom line: Metro should make its bus shelters smokefree.
By Angela Bradbery, on August 11, 2011
“That’s life.”
So muttered the woman next to me at a community meeting convened last night in the Greenbelt Community Center last night to discuss the problem of intrusion of secondhand smoke from one apartment to another. The woman was not very sympathetic to the plight of nonsmokers. What an appalling comment. I wonder how she would feel if she was the one breathing secondhand smoke all the time.
The meeting was called by David Schuman, who is suing his Greenbelt Homes neighbor over secondhand smoke that regularly seeps into Schuman’s apartment. The idea was to discuss the issue with his neighbors and provide information.
Also presenting were James Repace, a reknowned health physicist and expert on secondhand smoke; John O’Hara, founder of Maryland GASP; a couple from Montgomery County who are suing a condo neighbor over secondhand smoke; and a woman from Montgomery County who also is suing over a neighbor’s secondhand smoke.
The room was packed and the discussion lively. A few good points were made:
Continue reading Greenbelt community meeting on secondhand smoke highlights nonsmokers’ rights
By Angela Bradbery, on August 3, 2011
 Flickr photo courtesy of aperryproductions The case of the convoluted budget amendment just got messier.
Mayor Vincent Gray has vetoed a measure that was supposed to narrow a huge exemption to the smokefree workplaces law — an exemption that the D.C. Council passed in June without public notice. (They claimed it was an accident.) However, because the second, narrower exemption really wasn’t that narrow, his veto isn’t such a bad thing. Now, the Council will likely revisit the legislation – and that gives us a shot at getting the exemption repealed altogether.
But let’s back up. You recall that in June, the Council, in the middle of a budget discussion, introduced and quickly passed an enormous exemption to the smokefree workplace law. They claimed later that they had meant it to apply to just two events — Fight Night (a fundraiser) and the annual St. Patrick’s Day fete held by the Friendly Sons of St. Patrick (of which Councilmember Jack Evans was a member and may still be). In fact, by our calculations, 79 hotels would be eligible to hold one cigar-smoking event annually.
So the Council decided to try again. On July 12, it passed another measure. This one applied to hotels that “[h]ave a ballroom or special event catering space with an occupancy of 500 or more persons.” Again, several proponents of this very bad idea claimed that the exemption was for just two events. Councilmember Phil Mendelson questioned that, saying on the dais that he thought more than just two hotels would fit in this category. His colleagues ignored him.
Turns out he was right.
Continue reading Gray veto means smokefree exemption is huge again
By Angela Bradbery, on July 18, 2011
 Flickr photo courtesy of A Nu Life While the D.C. Council is busy weakening the city’s popular smokefree workplaces law, neighboring jurisdictions are doing the opposite.
Montgomery County has passed a law making the common areas of multiunit housing, such as apartment and condo lobbies and laundry rooms, somkefree. It also requires the area within 25 feet of a community playground to be smokefree. The new law takes effect next month.
And Howard County just made all of its parks smokefree. Said Dr. Peter Beilenson, the county’s health officer,
“Residents should use the parks for fitness and fun. Removing the possibility for exposure to second-hand smoke ensures that our parks are clean, safe and healthy for residents and visitors alike.”
Kudos to Montgomery and Howard. I would like to think that D.C. would follow suit, but given this Council, and how cavalierly it just weakened our smokefree law, I am pretty pessimistic.
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