Tobacco
News
Smokers Greet Imminent Ban with Sigh of Resignation
By DAN TESTA of the Flathead Beacon
9-17-09
A decision made four years ago in the Legislature will soon kick in across the state as Montana bars, restaurants and casinos go smoke-free on Oct. 1. And while the change rankles those with familiar routines of sitting down at their favorite bar with a drink and a cigarette after a long day, the exodus to the outdoors seems to be greeted by many smokers with a sigh of resignation.
“It seems pretty much like they’ve just accepted it,” Patty Higgins, a bartender at the Remington in Whitefish, said of her smoking clientele. “A lot of them don’t believe it’s going to happen.”
But that doesn’t mean she likes the imminent change, even though her workplace will be smoke-free.
“I’m a smoker; if I wasn’t, I wouldn’t work in a smoking bar,” Higgins added. “I don’t like choices being taken away.”
Over at the Bandit Saloon in Columbia Falls, bartender Scott Blakesley said his employers have been taking steps to prepare customers for the change. One year ago, the Bandit stopped selling cigarettes. The bar has also hung signs notifying patrons of the Oct. 1 switch, and cleared out a small pavilion area outdoors behind the bar for smokers.
“Some people will like it and some people won’t like it,” Blakesley said. “Not until it gets taken away will they say a whole lot about it.”
He’s not sure whether business for the gaming machines will drop off, but he anticipates a pickup in sales of over-the-counter alcohol, as more smokers drink at home. An influx of new non-smoking customers might compensate for a drop-off from smokers.
“You lose some, but you’ll gain some in the long run,” Blakesley said.
When it takes effect here, the Montana Clean Indoor Act will join the state with 23 others across the country that have adopted similar laws. Though the bill passed the Legislature in 2005, the delay in taking effect is due to a compromise struck between those who opposed the bill and those who supported it.
Mark Staples, attorney for the Montana Tavern Association, recalled negotiations over the bill were tough for his organization, in that the anti-smoking side wielded an extremely powerful bargaining chip: Should the smoking ban fail, those who supported it planned to mount a ballot initiative instituting the ban that almost certainly would have passed, given public support for restricting smoking in indoor public places. Most polls show roughly 80 percent of Montanans support the Indoor Clean Air Act, while 20 percent oppose it.
“In a very difficult decision, the (MTA) leadership decided it would be better to give the businesses about five years to transition to non-smoking than to have it dropped on them via public ballot, literally overnight,” Staples said. “The stark reality of it was remaining bars and taverns in Montana that allowed smoking were swimming against the absolutely overwhelming tide of sentiment.”
Many bar owners and patrons, however, maintain that the smoking ban is an infringement on the property rights of business owners. Prior to the 2009 Legislature, Sen. Jerry Black, R-Shelby, introduced a bill to exempt some 1,400 Montana bars and casinos from the smoking ban, but public outcry almost immediately forced him to drop it, calling it “dead on arrival.” The MTA and Gaming Industry Association of Montana opposed Black’s legislation in order to honor the deal they made with health groups in 2005.
Though some bar owners may have held out hope that the Legislature would kick the smoking ban down the road a few years, most have prepared their businesses for the transition.
Leslie Deck, tobacco use prevention program coordinator for the Flathead City-County Health Department, said she has been receiving calls from bar and casino owners inquiring about what type of structures they can build to shield smokers from the elements without violating the new law. The basic rule, she said, is that the space can’t be enclosed. Lean-tos, shacks with an open wall or covered decks are legal; sealing off a room in a building separate from the bar for smokers isn’t.
“Bars are trying to get creative,” Deck said. “They’re thinking a good ventilation system is going to work, and that’s not going to work.”
She has also fielded inquiries from businesses as to how the smoking ban will be enforced. After receiving a complaint about a bar or casino allowing indoor smoking, Deck said she will send the establishment an educational letter about the ban. A second violation earns the bar a warning, while a third violation in three years gets a fine from the county attorney’s office of up to $500. Subsequent violations can run even higher.
But neither Deck nor Staples anticipate many bars or casinos will violate the smoking ban.
“I think people will abide by the law and do their best to make it work for their business,” Staples said. “We have our fingers crossed that people who said they would patronize these businesses if they would go smoke-free, go to them in droves.”
As for any decline in customers these businesses may see, Deck echoed many bartenders who believe a loss in business from smokers will be made up for by nonsmokers.
“What we’ve seen in other states, they see a little bit of a dip in the business and it bounces right back, because they’re bringing in a whole new group of customers,” Deck said. “I understand bars’ fears, but other states have shown us that it doesn’t last.”
“The fear of the unknown is much worse than what’s actually going to happen,” she added. “It’s not punishment, it’s not looking down on smokers, it’s just protecting the rights of employees and other people coming in these businesses – they get to breath clean air.”
On a recent afternoon at the Eagles Club in Kalispell, some happy hour drinkers contemplated the imminent ban as the smoke from their cigarettes curled toward the ceiling.
Clare Johnson, a non-smoker who previously owned a bar in Kalispell, called the ban “the best thing that ever happened.”
“I’m glad, because I don’t have to have second-hand smoke anymore,” Johnson said. “It won’t change for me, I’ll just be happy that I don’t have the person next to me smoking.”
But down the bar, James Daugharty sees the ban as an infringement on his rights, and the property rights of business owners
“I feel my civil rights are being trampled – I feel I should be able to smoke in an establishment and make up my own mind,” Daugharty said.
He said he has several friends turning their garages into makeshift smoking lounges, installing carpeting, big-screen TVs and planning to invite others over to smoke with freedom.
“Anytime you try to keep something from the people, they seem to find a way, especially a sweep this broad,” Daugharty said. “They look at it as the second coming of the speakeasy.”
Summit
encourages
tobacco-free
teens
By BETSY COHEN of the Missoulian
6/18/08
“Survivor” contestant Mike Skupin fired up a crowd of Montana
teenagers Tuesday night to take on the battle against corporate tobacco,
sharing some of the lessons he learned on the reality TV program.
Don’t give up on your dreams, even when the odds are against you;
it’s the choices you make that will write your life story; and
quitting is not an option if you want to achieve something, the celebrity
told his audience at the University of Montana.
About 180 teenagers from around the state listened intently and cheered
the advice during the opening session of the 2008 reACT Against Corporate
Tobacco Teen Summit.
While the four-day conference to inform youth of tobacco companies’
efforts to target them is a serious matter, the programming is catered
to its energetic audience.
And here’s a heads up, Missoula: Expect this group of young people
to take their message to the streets. There’s a high likelihood
of rallies, flier handouts and other efforts advocating the anti-tobacco-marketing
message.
“Our main goal is to reduce the initiation rate of tobacco use
by Montana teens,” said Erin Kintop, youth empowerment coordinator
for reACT, which operates under the Montana Tobacco Use Prevention Program.
“Our goal is to empower youth to say no.”
Although it seems simple, saying no is a challenge because Big Tobacco
has significant reason to attract new users, Kintop said.
Each year, the industry loses 200 million customers due to cessation
efforts and death, she said.
“When that happens the industry needs to replace those consumers,
and teens are considered the main replacement smokers,” Kintop
said.
How are these new users recruited? The industry continues to find ways,
she said - for example, by creating products such as candy-flavored
tobacco.
Each year, tobacco companies spend $48.1 million on marketing their
products in Montana alone, and roughly 19 percent of high school students
in the state use tobacco, Kintop said.
The summit is tightly scheduled with lectures, art sessions, dance parties,
activism and barbecues. It’s like camp, Kintop said, but with
a really important purpose.
On Friday, the teens will hear from and hang out with another celebrity
- Yes Duffy, a skateboarder, graffiti muralist, break-dancer and activist
who appeared on MTV’s “Road Rules.”
The ultimate goal of the summit, Kintop said, is that the young participants
go back to their communities and schools, share what they’ve learned
and take it to the next level.
A quick survey of the teens showed that hope is within reason.
“I came here to learn what I can do,” said Auva Speiser,
14, of Missoula. “Some of my family has gotten cancer from tobacco,
and I don’t really want that to happen anymore.”
Madison Gondeiro didn’t mince words when she explained why she
is using part of her summer vacation to battle corporate tobacco.
“I’m really against tobacco,” said the 14-year-old
from Vaughn. “I don’t like it at all, and I think it’s
altogether bad for the nation and shouldn’t be allowed except
for spiritual ceremonies in the Native American culture.
“What better way to spend my time than to be fighting for the
youth and the safety of the world.”
To learn more about reACT, go to www.reactmt.com.
Tobacco
whistleblower says Montana can do more
By AMANDA RICKER Bozeman Chronicle
Staff Writer
5/8/08
Jeffrey
Wigand, whose exposure of tobacco company practices inspired the movie
“The Insider,” cited consumer rights laws Wednesday when asked about
the challenges that remain for smoke-free campaigns.
“Does it tell you on the side of a pack of cigarettes what's in them?”
he asked. “The consumer has the right to know exactly what's in the
product. There's a lot of products out there now that they claim are
reduced risk.”
Following Russell Crowe's portrayal of Wigand in the 2000 blockbuster,
Wigand has spearheaded a campaign in Canada that put graphic warning
pictures on all cigarette packs, doubled the price of cigarettes and
banned most tobacco advertising there.
On Wednesday, Wigand shared his prevention ideas with about 170 professionals
from across Montana. He served as the keynote speaker for the Montana
Tobacco Use Prevention Program's annual statewide conference, a two-day
event that continues today at the Hilton Garden Inn in Bozeman.
Wigand is the former vice president for research and development at
Brown & Williamson Tobacco Corp. His disclosure of tobacco executives'
deception and lies under oath to Congress brought death threats to his
children. His interview with CBS's 60 Minutes was initially censored
by the broadcast station for fear of reprisal by tobacco companies.
“He
was hired to create a safe cigarette,” said Lily Tuholske, an organizer
of the state conference. “But once they figured out that meant they
would have to admit that cigarettes weren't safe, all of his research
was suppressed.”
Each year, 1,500 Montanans die because of tobacco and at least 200 of
those are non-users who die because of exposure to secondhand smoke,
according to the Montana Department of Health and Human Safety.
Montana's annual tobacco prevention conference is funded in part by
money the state received from the 1998 landmark settlement Wigand's
testimony helped win against tobacco companies. The lawsuit awarded
states $246 billion over 25 years to recover money spent on healthcare
for smokers.
But, Wigand said, rather than using the money from the lawsuit for tobacco
prevention, states have squandered much of it on potholes and other
budget items.
In Montana, 32 percent of state tobacco-use revenue, or about $9.5 million,
is earmarked for the Montana Tobacco Use Prevention Program, said Linda
Lee, section manager for the program. That percentage was determined
by a public vote.
But Wigand said the $9.5 million isn't enough.
That figure is the low end of what the Center for Disease Control recommends
each state spend on tobacco prevention. The tobacco industry spends
an estimated $41.8 million on marketing in Montana each year, Wigand
said, citing a Campaign for Tobacco Free Kids statistic.
“Who do you think is going to win?” Wigand asked. “Big Tobacco.”
Nineteen percent of adults and 20 percent of high-school students in
Montana smoke, according to a 2007 American Cancer Society report. Smoking
costs the state about $493 million dollars a year.
Montana had the 11th highest cigarette tax in the nation in 2007 at
$1.70 per pack.
Still, Wigand suggested that Montana at least tax the price of cigarettes
by an additional one dollar a pack. He said cigarettes fall under the
definition of an “instrument of murder” under criminal law. If he had
not shared the information he had about tobacco companies, he would
have been guilty of “bystanderism.”
In October 2009, all bars and casinos in Montana will go smoke-free.
They will join the restaurants, public places and workplaces that have
already prohibited smoking since the state Legislature passed the Clean
Indoor Air Act in 2005.
Among the Montana program's services are the state tobacco quit line,
1-800-QUIT-NOW, and free or reduced-cost cessation tools such as the
nicotine patch and prescription medicines. The group also operates reACT,
a youth smoking prevention initiative.

Spitting
image
Cancer
victim warns students about hazards of chewing tobacco
By
Kristi Albertson
The
Daily Interlake
3/2/08
At
16, Gruen Von Behrens seemed to have the perfect life.
He
was an all-star baseball player who expected a position on the college
team of his choice. He was a nice-looking boy who never had any trouble
finding a date for Saturday night. He was one of the most popular students
at his small-town Illinois high school.
But
Von Behrens also had a small white spot the size of a pencil tip on
the side of his tongue.
At
first he wasn't worried; he'd become used to canker sores in the three
years he'd been using spit tobacco. This sore, however, stubbornly refused
to go away and steadily grew.
In
nine months, it had split his tongue in half.
Von
Behrens' mother wondered why he slurred his speech and drooled. She
thought his wisdom teeth were the problem, but Von Behrens knew the
truth.
His
addiction had given him cancer.
Now
30, Von Behrens travels the country, warning people of the dangers of
tobacco. He is missing half his face, half his tongue and all of his
teeth.
“This
is the face of tobacco,” he told Kalispell seventh-graders on Thursday.
Von
Behrens toured Montana last week in conjunction with the Montana Tobacco
Use Prevention Program's monthlong focus on reducing spit-tobacco addiction.
He addressed students at Kalispell Middle School , Columbia Falls High
School , and Whitefish Middle School .
SPIT-TOBACCO
use is much higher in Montana than the national average. Twelve
percent of Montana men use spit tobacco, versus 8 percent nationwide.
Nearly a quarter of the state's high-school boys use spit tobacco.
Most
people begin experimenting with tobacco between the ages of 12 to 14,
Von Behrens said. He was 13 when a buddy offered him a dip on a camping
trip.
“I
wasn't thinking about the longterm effects,” he said. At that age, “I
thought about baseball, food, and women – usually in that order.”
It
only took one pinch to hook Von Behrens. He like the way it tasted and
the way it made him feel. The frequent canker sores were a minor annoyance
– until one appeared halfway through his junior year of high school
and refused to go away.
He
didn't tell anyone about it. Even when his mother started worrying about
his difficulty speaking and eating, Von Behrens kept his secret.
He
knew his baseball coach would kick him off the team if he found out
Von Behrens was using tobacco, which would destroy his plans to play
college baseball. He knew doctors would remove half his tongue, a terrifying
thought for someone who had never had so much as a cavity.
More
than anything, he didn't want to hurt his mother.
“She
was like my best friend,” he said. “The thought of telling that woman
that I was sick because of the choice I made to put that crap in my
lip…
“I
wasn't man enough to do that.”
LUCKILY
, mothers have a way of seeing through their children's charades.
One day, Von Behrens' mother told him they were going shopping, then
drove past the mall to a doctor's office instead. She'd made an appointment
to get his wisdom teeth pulled.
The
doctor was holding up the mask to put Von Behrens under for the procedure
when the teenager stopped him.
“Doc,
this isn't my teeth,” Von Behrens told him. “I think I've got cancer.”
After
one glance at his tongue, the doctor agreed. “Until that day, I'd never
seen my mother cry like that,” Von Behrens said. “It ripped her heart
out.”
Six
days later, he underwent a 13-hour operation. Surgeons removed half
his tongue and cut into his neck to make sure the cancer hadn't spread
to his lymph nodes.
It
was the first of 34 surgeries and hundreds of treatments. All were painful,
none more so than eight weeks of radiation. He lost 60 pounds because
it hurt too much to eat, and the acid in soda and ketchup burned unbearably
for a year afterward.
Less
than two years after radiation, all of Von Behrens' teeth rotted. The
treatment had killed the cancer, but it also had destroyed his skin,
bones, and teeth. At 19, Von Behrens started wearing dentures.
“I
went from the person people looked up to, to the person people looked
at,” he said.
FIVE
YEARS ago, he went through another marathon operation. Surgeons
removed his jaw bone and replaced it with part of one of his lower-leg
bones. They attached skin and tissue from his right thigh over the new
jaw and neck; then they patched his thigh with skin from every part
of his legs that hadn't been cut into.
It
was a 20-hour procedure, and the pain he endured while healing was excruciating.
To
date, Von Behrens has racked up somewhere between $2.5 million and $3
million in medical expenses. He currently is waiting for another reconstructive
surgery, which doctors have told him will erase all evidence of his
long ordeal.
Until
then, he will deal with the stares, the whispers and the children who
want to know why he looks like a monster.
His
experience has taught him that the adage about judging a book by its
cover is true. What matters, he said, is the person on the inside.
“The
moral of the story is to be your own people. Be yourself,” he said.
“The only person you have to impress is the person sitting in your seat
right now.”
He
also urged students no to take their parents for granted.
“Be
nice to your folks,” he said. “Because when it feels like the whole
world is caving in on you and you don't know where to turn, 99 times
out of 100, your parents will be there for you.”
He
hopes, however, that parents won't have to help their children endure
what he has gone through.
When
students are tempted to use tobacco, “I hope you think of me,” he said.
“I hope it helps you make the right choice about tobacco.”