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REGULAR MEETING MARCH 29, 2016 Kids strongly supports this ordinance and this bill is set up properly by presenting a comprehensive ordinance that provides exceptions to certain industries. This protects all workers and all businesses. The stumbling points for other city ordinances in the past is providing exceptions to some work places, by not having that this ordinance is better written. By saying this a threat to all workers and protecting all workers equally that problem is avoided. In all the cases he has been a part of where the ordinance was written comprehensively like this they have been upheld fully. This bill has been reviewed by three (3) independent attorneys and all have found this proposed law one that would hold up against a legal challenge. Regarding e- cigarettes, while they are a relatively new product, a third of the states that have comprehensive smoke free laws include e- cigarettes in their smoke free laws. There is no question based on the evidence today that e- cigarettes are safer than normal cigarettes but that does not mean that they are safe. This would help rid all workplaces of pollutants and carcinogens. Based on the current science, all major health organizations recommend e- cigarettes be included in smoke free laws. Economically what the data shows is what usually happens is that for a month or so after these laws there is a little bit of a blip in revenue for these bars but then that city goes back on whatever trend it was on before. If business was going up it continues to go up, if business was going down it continues-to go down, unfortunately for Elkhart that was the situation they were in when they passed that law. You should look at the empirical data if you want good data. No matter where this fight takes place it is always the same fight, the health community comes out and talks about public health while the business community comes out and talks about their fears of losing business but the reality is five (5) or ten (10) years from now all of you who vote for this ordinance will look back and say it's one of the best things you did as councilmembers. Also if past experience is any indication a good chunk of people wearing the red shirts (opposition) will have changed their mind too. Traci Kennedy, Columbia Missouri, she works for an organization titled Americans for Non Smoker's Rights. All workers deserve the right to breathe clean air at work no matter where they work. This is a public health issue but also there is a negative economic impact on South Bend due to second hand smoke. The reality is the Tobacco Industry are spending $288 million dollars to recruit Indiana youth to become addicted to their products and they are not offering to recoup the cost for building fires, maintenance and cleaning, and worker's sick leave. They are not offering any assistance to these businesses that then have to foot the bill to pay for exposure to smoke and secondhand smoke. We know that smoke free laws save both lives and money for the communities they are enacted in and they are not only popular in the beginning but they also grow in popularity over time after being enacted. Nick Torez, works for the American Lung Association in Indianapolis, spoke about the questions regarding Elkhart. At the request of Councilmember Ferlic they reached out to the Alcohol and Tobacco Commission for the state of Indiana to request data to show the alcohol permits for the city of Elkhart. In the short time they have had they have tried to compare the data from the state to the list provided by the opponents of the ordinance. There are several discrepancies on the list provided by the opponents and this goes to the question of relying on anecdotal evidence to base some of these decisions on. In particular several of the bars listed on the sheet are still listed by the state as having active liquor licenses and several were listed as having gone out of business before the ordinance was enacted in Elkhart. It calls into question some of the anecdotes we have been asked to rely on. Also this sheet does not show any of the new bars opened in Elkhart since the ordinance passed. Manufacturing was a huge loss for Elkhart during the recession and that had an enormous impact on the bar industry there. The Elkhart Truth posted a moving article about the effects of the recession in Elkhart and quoted one of the bar owners after the ordinance went into effect saying business had been very hard but he did not cite the smoking ordinance he cited that all of the shift workers from the manufacturing sector were out of work. To answer Councilmember Oliver Davis's question the Indianapolis ordinance covers ninety -two (92) percent of the population of Marion County. Latonya Green, 1028 Ebeling Dr. South Bend IN., stated it is clear the dangers of secondhand smoke fifty -nine (59) people from our community will die each year due to secondhand smoke. We must honor their memory by protecting all workers regardless of where they work. All residents of South Bend deserve to work, study and play in a smoke free environment. This ordinance will not only protect health immediately it will also motivate people to quit smoking 0