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05-12-14 Council Agenda & Packet
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05-12-14 Council Agenda & Packet
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City Council - City Clerk
City Council - Document Type
Agendas
City Counci - Date
5/12/2014
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Smokefree Air Ordinance of 2014- Substitute Bill No. 31 -14 <br />Page 5 <br />2009.) E- cigarettes produce a vapor of undetermined and potentially harmful substances, which <br />may appear similar to the smoke emitted by traditional tobacco products. Their use in <br />workplaces and public places where smoking of traditional tobacco products is prohibited creates <br />concern and confusion and leads to difficulties in enforcing the smoking prohibitions. <br />The Society of Actuaries has determined that secondhand smoke costs the U.S. economy <br />roughly $10 billion a year: $5 billion in estimated medical costs associated with secondhand <br />smoke exposure and $4.6 billion in lost productivity. (Behan, D.F.; Eriksen, M.P.; Lin, Y., <br />"Economic Effects of Environmental Tobacco Smoke," Society of Actuaries, March 31, 2005.) <br />Numerous economic analyses examining restaurant and hotel receipts and controlling for <br />economic variables have shown either no difference or a positive economic impact after <br />enactment of laws requiring workplaces to be smokefree. Creation of smokefree workplaces is <br />sound economic policy and provides the maximum level of employee health and safety. (Glantz, <br />S.A. & Smith, L., "The effect of ordinances requiring smokefree restaurants on restaurant sales <br />in the United States." American Journal of Public Health, 87:1687 -1693, 1997; Colman, R.; <br />Urbonas, C.M., "The economic impact of smoke -free workplaces: an assessment for Nova <br />Scotia, prepared for Tobacco Control Unit, Nova Scotia Department of Health," GPI Atlantic, <br />September 2001.) <br />There is no legal or constitutional "right to smoke." (Graff, S.K., "There is No <br />Constitutional Right to Smoke: 2008," Tobacco Control Legal Consortium, 2d edition, 2008.) <br />Business owners have no legal or constitutional right to expose their employees and customers to <br />the toxic chemicals in secondhand smoke. On the contrary, employers have a common law duty <br />to provide their workers with a workplace that is not unreasonably dangerous. (Graff, S.K.; <br />Zellers, L., "Workplace Smoking: Options for Employees and Legal Risks for Employers," <br />Tobacco Control Legal Consortium, 2008.) <br />Smoking is a potential cause of fires; cigarette and cigar burns and ash stains on <br />merchandise and fixtures causes economic damage to businesses. ( "The high price of cigarette <br />smoking," Business & Health 15(8), Supplement A: 6 -9, August 1997.) <br />The smoking of tobacco is a form of air pollution, a positive danger to health, and a <br />material public nuisance. <br />The South Bend Common Council also recognizes that in February of 2014, the Indiana <br />Supreme Court, by a vote of 3 -2, found the City of Evansville, Indiana's smoking ban ordinance <br />unconstitutional due to an exemption it granted to a riverboat casino located within the city The <br />Supreme Court noted that the special exemption for the casino violated the Indiana <br />Constitution's Equal Privileges and Immunities Clause. The following ordinance has been <br />drafted to comply with the Indiana Supreme Court latest judicial ruling. <br />
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