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Smokers' Rights: What YouCan Do

  • Vote

    Believe it or not, your vote is your most powerful instrument of change.Far too many smokers don't bother to vote because they believe that sincethey belong to a minority, it would be a waste of time and effort.

    Nothing could be further from the truth. At 25% of the adult population,American smokers outnumber Jews (2%), Gays (6%) and Blacks (12%), yet thelast three groups have won rights written into law. Why? They organized,they lobbied and they voted. So far, smokers haven't done those things,which is why they are where they are today: outside.

    Block votes are powerful. If smokers organized into a voting block,politicians would be falling all over themselves to win those votes.But if you don't vote, you have no right to complain about the way youare treated.

  • Write Your Local Paper

    Most papers reserve a section for Letters to the Editor. They publish allkinds of opinions, including those that contradict their own. Letters docompete for space, however, and there are a number of ways to improve yourchances of being published.

    1. Check your grammar and spelling. Use a dictionary. Get a friend toproofread.
    2. Most papers limit letters to about 300 words, so make your points asconcisely as possible.
    3. Be timely. Don't respond to an article or issue that's weeks old.
    4. Cite references where appropriate.
    5. Read the letters page to find out the requirements for submission. Thesetypically include your name, address and phone number. That's also whereyou'll likely find how to address letters intended for publication. If youcan't find it in the paper, you can call them.
    6. Finally, be aware that many letters get edited for length, readability andtaste.

    Thank You For Smoking Sample Letter 1

    Thank You For Smoking Sample Letter 2

  • Write your representatives

    Letters to representatives are similar to letters to editors. Whilepoliticians don't impose a word limit, they do have their own time limitand long letters are less likely to be read. In many cases, the legislators'volume of mail prevents them from reading it all; it gets screened byassistants or staff, and only certain pieces get passed on. Even if yourletter is only read by an aide, however, it gets counted, just like a vote.An accurate tally is kept on the number of letters on each side of everyissue.

    Many constituents prefer to FAX a letter rather than mail it. FAXes arefaster; with mail, you get to control the paper and appearance. Take yourpick.

    Thank You For Smoking Sample Letter to a Politician

  • Speak Out

    One of the most important avenues of expression available to us is the CityCouncil Hearing. City Councils usually have several public hearings on anissue before they may legally pass a new ordinance. Anyone may speak, andmany do, though in comparison to elections the number is small. Youropinions carry, proportionally, much more weight in a hearing with ahundred speakers than in an election with half a million voters.

    In order to let everyone have their say, speakers are normally given atime limit, usually three minutes. While memorized speeches make the bestimpression, few can manage that. Most people read from prepared text ornotes.

    Public speaking is not for everybody. You need confidence in order to standup and speak in front of so many people, not to mention the Mayor andCouncil Members themselves. If you get so nervous in such circumstances thatyou can't speak, then this is not for you. But a certain amount ofnervousness is inevitable: many speakers show it, so you'll have plentyof company.

    Thank You For Smoking Sample Speech

  • Join

    There are a number of Smokers' Rights organizations you can join. Most areinexpensive or free, but if you can afford it, find one that puts money togood use (such as advertising or legal challenges) and contribute what youcan.

    The United Smokers Association
    P.O.Box 1234
    Rocky Mount, NC
    800-WE-SMOKE

    National Smoker's Alliance
    901 N. Washington St., Suite 400
    Alexandria, VA 22314
    800-224-3322

    American Smokers Alliance
    P.O. Box 189
    Bellvue, Co 8051

    In addition, there are frequently State or local organizations in your area.Call 1-800-333-8683, a Smokers' Rights Hotline organized by R.J. Reynolds,and they will put you in touch with one, if it exists.

  • Organize

    Form your own Smokers' Rights chapter. If it's successful, you may laterwish to affiliate with others. Some tips that may help:

    1. Keep the organizing committee as small as possible. The more people thereare, the more there is to argue about and the longer it takes to reach adecision.

    2. Define your goals clearly. Whatever it is you plan to do, be it writingeditors and politicians, drawing up petitions and getting them signed,getting smokers registered to vote, make it the mission of the group andstick to it. If you don't you'll get bogged down in endless committeearguments about what to do next. In the ensuing melee, the purpose of thegroup, i.e. to promote smokers' rights, may get forgotten.

    3. Be realistic about money. While most organizing groups democraticallywant to make membership available to as many people as possible - cheap,in other words, remember that most meaningful measures are going to costmoney. It is better to have a smaller group that can afford to accomplishsomething of substance than a big one that is broke. For $5 a year, mostgroups' idea of "fair and reasonable" dues, you can afford to send everymember a newsletter once a month. Which accomplishes exactly nothing besidesputting you in the newsletter publication business, eating up all of yourspare time and effectively removing you from the struggle for smokers'rights.

    4. Network. Don't try to do it all yourself. Ferret out other Rights Groupsand stay in touch with them. You can keep each other motivated, come up withmore good ideas and coordinate your activities for greater impact.

  • Boycott

    Don't patronize establishments that don't permit smoking. Don't go tononsmoking restaurants. Don't go to nonsmoking sports stadia and arenas.Don't go to movies such as Waterworld that are anti-smoking. Don't watchanti-smoking TV shows like Seinfeld.

    In short, don't give your good money to people who hold you in contempt.And for maximum effect, let them all know that they have lost your business.Talk to, phone and write to managers, sponsors and corporations.

  • Sue the Bastards

    In order to challenge a law, you must have what is called "standing": youmust be in a position where you can claim that you are adversely affected bythe law that you are challenging. If you wish to challenge a smoking ban,you may have sufficient standing as a smoker. A class of smokers, however,has much more standing. The more smokers you get to join as plaintiffs, thebetter the chance that your suit will not be dismissed outright.

    The main obstacle to challenging laws is the money it takes to pay thelawyers. You could organize a group of affluent smokers. Or you couldseek to organize groups of affected businesses, such as bars, restaurantsand hotels that can fund legal challenges to overturn laws. If you're rich,sue them yourself. If not, consider the American Civil LibertiesUnion.


  • Here are two letters that got published in the San Jose MercuryNews:

    Dear Sir,

    Your editorial on the non-smoking arena was a celebration of bigotry.

    The arena was and will continue to be funded by taxpayers' money. That's ALLtaxpayers, not just non-smokers. By failing to accommodate everyone, the cityhas delivered yet another slap in the face of smokers.

    The idea that only the needs of the majority should be considered iscontrary to every tenet of civil rights. Where would blacks, Jews, gaysand the handicapped be today if that kind of thinking were the norm?

    "Go stand outside. Period." "Smokers are getting used to it." Sure. In thesame way that blacks "got used" to the back of the bus, in the same way thatJews "got used" to exclusion, smokers are "getting used" to standing outsidein the weather.

    The truth is that any oppressed group knows better than to argue.


    Dear Sir,

    In his letter of March 29 ("Pay-as-you-smoke"), Bill Hildebrand complainsabout the phrase "Smoke Nazis" and argues that smokers cost society money.They don't.

    Apart from accidents, smokers and nonsmokers alike die mostly from heartdisease, cancer and strokes. Smokers just get them three years sooner, onaverage. By living longer, non-smokers incur more medical and old ageexpenses, not less. In addition, smokers' shorter lifespans mean they costless in Social Security and pensions. Finally, they pay more taxes duringtheir lives. Stanford economist Timothy Taylor, an anti-smoker, made theabove points in these very pages last year (San Jose Mercury News, March 7, 1994.)

    While knowledgeable people realize that the so-called social cost of smokingis a fallacy, the less informed find it fine fodder to feed their prejudices.Such people fall into two groups. One consists of puritans who regard thosenot like themselves as moral deviants. The other is made up of people of lowself-esteem who need someone to look down on in order to feel superior bycomparison. Since it is now illegal to act out prejudice against blacks,Jews, gays, Hispanics, the handicapped, foreign nationals and otherhistorical victims, smokers are now the target of choice.

    Would you, I wonder, publish a letter that claimed Jews owned all the wealth?I doubt it. But smokers seem to be fair game. By perpetuating suchstereotypes and myths, the Mercury News has played no small part infomenting hatred of them.

    "Smoke Nazis." It has a nice ring to it.


    Following is a letter sent to GeorgeStephanopoulos, Senior Adviser to the President.

    Dear Mr. Stephanopoulos,

    Today 50 million smokers are subjected to a growing onslaught ofharrassment, discriminatory laws and outright hostility, yet are largelypowerless to fight back. They have been denied employment or fired forsmoking in their own homes, have been refused medical treatment and haveeven lost custody of their own children over the issue of smoking.

    The divisiveness caused by this issue has penetrated every niche of society,pitting former friends against each other and even splitting families. Asa smoker, I am no longer welcome in my own parents' home. And the degreeof hostility it has engendered is rarely appreciated by those who are notits target. Here is a sample sentiment from an anti-smoker, taken from theInternet:

    "If you smoke you are either a murderer or a moron. If you do not stopvoluntarily you will be caged."

    All of this is the result of government anti-smoking campaigns, funded inmany cases by smokers' own tax money.

    In the face of this overwhelming assault on their rights and their dignity,smokers find themselves voiceless. Newspapers that run columns by women,blacks, gays, Hispanics and other socially disadvantaged groups rebuffoffers of columns by and for smokers. Smokers who write letters to theeditor are either ignored or are edited to ribbons; those half-lettersthat do get run are likely to be placed next to a rabid anti-smokingeditorial, and the editors ensure that letters from antis outnumberthose from smokers by about two to one. Lengthy articles by anti-smokersare given prominent space, while rebuttal articles by smokers or theirsupporters are never published. How do I know this? I write them.

    Now that smoking has been banned virtually everywhere, anti-smokers can nolonger use the pretext of secondhand smoke to conceal their true agenda:forcing smokers to quit. It's out in the open now, under the banner of"addiction". But if no one knew they were addicted until the FDA told them,they were hardly addicted. And if everyone has known all along, then it'shardly a revelation. Such grandstanding is merely a grab for political powerat the expense of millions of innocent - and voting - citizens.

    The underlying supposition in the holy war against smoking is that no onehas the right to take health risks - that there is a duty to be healthy.But when this lofty so-called principle is applied to no groups other thansmokers, it becomes evident that there is no principle involved at all. Justpower and Puritanism, neither of which is appropriate in a movement thatprofesses to do good.

    It is time to end this uncivil war which is creating a new underclass. Iwould suggest that future policy be guided by the these principles:

  • Our bodies are not government property. Smokers' health - and that ofeveryone else - is no one's business but their own.

  • Whether Environmental Tobacco Smoke is regarded as a risk or as anuisance, it is no justification for turning 50 million people intosecond class citizens. The problem is easily solved by separation:separate restaurants, separate flights and separately ventilated offices.Being forced to stand, like animals, outside in the weather is not anacceptable solution in an otherwise free and civilized country.
  • Thank you for your attention.


    Following is a sample speech. It was deliveredat a Santa Clara, CA City Council hearing on a proposed total indoor smokingban.

    Freedom is the most basic precept of our society. Today it is threatenedby modern Carry Nations with an ayatollah gleam in their eyes. Anti-smokersnow claim an absolute right to a smoke-free environment wherever they go onthe grounds that secondhand smoke poses a risk to them. Let's examine thatrisk.

    These neo-prohibitionists parrot that secondhand smoke kills 53,000 peoplea year: the sum of the EPA's claim of 3,000 (currently being contested incourt) plus 50,000, a number based on a study which found a barely measurableincrease in arterial deposits in non-smokers living with smokers for upwardsof 40 years. This condition can cause heart attacks and strokes when thedeposits are thick enough to block the passage of blood. However, the studyassumed a mortality rate in direct proportion to the thickness of suchdeposits - no "threshold", in other words. This is like saying that if amillion people cross a body of water 10 feet deep and 100,000 drown, then1000 would drown in water an inch deep. The claim of 50,000 is absurd, andthe EPA has dissociated itself from it.

    In January 1993, the EPA released a report claiming that 3,000 Americans dieeach year of cancer resulting from exposure to secondhand smoke. The figurein question was based on 30 studies, only 6 of which found any relationbetween second hand smoke and cancer. The largest and most recent study,partially funded by the National Cancer Institute, found no correlation atall, and neither did the 24 other studies. In an egregious breach ofscientific methodology, the EPA discarded those showing no effect and addedthe rest together. Then they used a risk ratio smaller than that ofchlorinated water to define risk. Still not happy, they next performedstatistical sleight-of-hand by lowering their customary "confidence interval"in order to inflate the final number to 3,000, which was then published as"fact". This number is currently being challenged in Federal court, where itwill likely be repudiated.

    The next line in the anti-smoking catechism blames secondhand smoke for thehigher mortality among California waiters. Waiters lead stressful lives,spend all day on their feet and are exposed to cooking oils and smoke,themselves carcenogenic. They also belong to an income group with highermortality rates. It is a forlorn hope that banning smokers will change thosenumbers at all.

    In 1988, the Surgeon General reported that of the 2.1 million Americans whodied the previous year, nearly 1.5 million succumbed to diseases associatedwith diet. "What we eat may affect our risk for several of the leading causesof death for Americans, notably coronary heart disease, stroke,atherosclerosis, diabetes and some types of cancer," the report said."These disorders together now account for more than two-thirds of alldeaths in the United States." Surgeon General Everett Koop later statedon national television that diet kills an estimated one million Americanseach year.

    One million is hundreds of times larger than 3,000. So did everyone scurryto avoid all foods but celery and yoghurt? No, they fired up their (cough)mesquite grills, barbecues and fireplaces while erecting "No Smoking"signs.

    In addition to the million killed by their diets, 190,000 die from cancerattributable to carcinogens naturally present in food. 120,000 die fromalcohol related illnesses. Another 45,000 get wiped out on the roads.Total: 1,355,000. That means that driving to a restaurant and having winewith dinner is over 450 times as dangerous as inhaling any smoke present atthe time.

    A risk which is insignificant compared to the routine of living does notconstitute grounds for turning a quarter of the adult population into secondclass citizens.

    It is certainly no justification for a total smoking ban when the freedom tochoose smoking or non-smoking establishments would accommodate everyone.

    Instead of jumping on a bandwagon of in-your-face political correctness,have a closer look at this truly evil trend:

    * Employees have been fired for smoking in their own homes.
    * Smokers have been denied custody of their own children.
    * Smokers must suffer a TV hate campaign funded by their own tax money.

    In a supposedly free country, this hysteria makes no sense. Something elseis at work here, something far older than the debate on smoking. Blacks andJews will recognize it instantly.

    Some people, it seems, just aren't happy without someone to hate.

    Before you give in to hate, before you create a new kind of apartheid, sayto yourselves:

    "Wait! This is America! We don't do that kind of thing to people here!"