Tuesday, April 12, 2005

The Smoke War

Ok, I made a mistake. I work with a young UW Madison graduate waiting to get into grad school and out of politeness I asked him how his weekend went. He says he went to Luther’s for the first time so I asked him how the show was. He says the music was fine but he had real problems with the smoke in the air and can not wait for Madison to ban all smoking in the bars. I know better than to say anything but for some reason I do.

I tell him I have concerns whenever government adopts prohibition based solutions to legitimate social issues, and attempt to explain how I understand the difference between prohibition and reasonable regulation. In response, he asks me with sincere earnestness: then should business be allowed not to sell to blacks? This kid will probably have a tremendous career in the academic world because he has learned democrat logik.

Madison will ban all smoking in all workplaces this summer. The issue is important since the decision impacts on so many aspects of our continuing American Revolution. The definition of what is public and what is private. How can health be defined and where does responsibility for individual health belong? What limits should be placed on freedom of peaceful assembly and freedom to pursue happiness? Is it more efficient to administer the consequences of prohibition or the variables within a complex regulatory system? Most importantly, what prevents a tyranny of the majority?

Knowing and accepting the past is crucial to understanding the present, and for realistic planning for the future. The historical story is well told in Tobacco Battles in Wisconsin and the following excerpts sketch out the broad strategic and tactical outlines of this long legislative struggle.

“The late John Slade formulated a public health model of tobacco addiction where the agent (of the disease) is tobacco, the host is the smoker and the vector is the tobacco industry.”

"Wisconsin advocates from the three major voluntary organizations, the American Lung Association, the American Heart Association and the biggest of the three, American Cancer Society were strongly influenced by the coalitional effort on tobacco control conducted by their national organizations. Until 1981, the “Big Three” worked almost entirely independently on tobacco. "

"By 1986, health advocates began to mobilize for action that favored an institutional rather than an individual strategy. 1986 Surgeon General’s Report on environmental tobacco smoke, “The Health Consequences of Involuntary Smoking.” This report transformed the nature of the debate about smoking from one of “personal right” to “harm to others.”

"Wisconsin affiliates of the “Big Three” followed suit when in November 1986, they organized the first Wisconsin Conference on Tobacco Or Health. The conference focused on development of an “action strategy” for making Wisconsin workplaces smoke-free primarily through strengthening of the Clean Indoor Air Law. Specifically, they recommended expanding coverage to private workplaces."

"Successful activity to create state or local policies to provide clean indoor air was stymied from 1984 (and the passage of the Clean Indoor Air Act) until 1989 when the law was amended to extend the law to private places to employment. Eight years after the passage of the state law, Madison passed the first municipal smoke free restaurant ordinance in Madison in 1992."

"The ability of the industry and its primary allies to resist these changes in law and social practice has been instrumental in maintaining the social acceptability of smoking indoors."