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• JAMES STEWART et al. v. ROLLING STONE LLC et al. (PDF) 

Defendants are the publishers of Rolling Stone magazine. The named plaintiffs in this class action lawsuit are •indie rock• musicians whose band names are included with the names of over 100 other bands in an editorial feature entitled •Indie Rock Universe•

(the Feature) that appeared in the November 15, 2007 issue of Rolling Stone . . . The opposite page, on the magazine‘s left-hand side, contains a full-page advertisement for Camel cigarettes. . . .

In closing, we appreciate that the placement of the Feature within the gatefold layout may have caused plaintiffs some distress, insofar as their bands‘ names appeared in such close proximity to R.J. Reynold‘s expressions of corporate sponsorship for independent music. Doubtless, Dustin Hoffman experienced similar distress upon seeing

the image that was the subject of his lawsuit against Los Angeles magazine. Because plaintiffs have not demonstrated that defendants acted with actual malice, however, constitutional principles of freedom of speech and the press require this lawsuit be dismissed.

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Rhiannon Harries: Making us walk an extra 10 yards isn't going to stop us smoking 

I am a smoker.

So last week's announcement of Government plans to extend the smoking ban to open-air spots from pub gardens to office entrances left me, and presumably many of my ilk, with a sinking feeling. . . .

Yes, logically, making something difficult should put people off. But rational motives don't come into it: anyone addicted to nicotine knows there is no good reason for doing something that costs a fortune, gives you the skin of Dot Cotton, the teeth of Shane MacGowan, and is ultimately linked to an early death. Frankly, walking an extra 10 metres is the least of my worries.

But if that part of the proposal is ill-conceived, I barely know where to start on comments from Royal College of General Practitioners chairman Prof Steven Field, who thinks the glamorisation of smoking in British dramas should also be tackled. Since I wasn't aware that Britain made any glamorous dramas, this seemed an unlikely factor, but Field gives a helpful example in the form of Corrie's Deirdre Barlow. Yikes, surely that'll have everyone binning their cigs? Unfortunately for me, not quite.

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• Smoking laws widely ignored, even by police 

If anyone objected to the bartender smoking behind the bar of St Julian's Labour Club in the early hours of yesterday morning, they would not have had to go far to inform a police officer. St Julian's police station is just next door, and there was an officer in uniform drinking at the bar. The problem was, he was smoking as well.

Smoking in enclosed public spaces in Malta was banned nearly six years ago, but you would not know it if you were in Paceville or St Julian's on the past two Friday nights.

The Sunday Times visited a total of 14 bars in the area over the two evenings between 10.30 p.m. and 1.30 a.m. to witness how the current smoking restrictions are being enforced. Judging by the manner in which revellers smoked inside with impunity, the government's decision to extend the ban to all public places from 2013 will have little significance in Malta's premier nightlife district.

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Potential smoking ban concerns local business owners 

Even though there is no hint of immediate action, the mere thought of the Jefferson City Council proposing an ordinance that would make all buildings smoke-free has left some wondering why the government would step in to ask smokers to step out before they light up.

Almost seven years ago, Jason Jordan bought Mortimer Kegley's, and while he is not a smoker, he says the idea of an ordinance banning smoking inside bars like his is something he ardently opposes.

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Gates Foundation Fights Smoking in Africa  

The Bill & Melinda Gates Foundation has increased efforts to curb tobacco use in Africa, giving a $7-million grant to the American Cancer Society, reports The Seattle Times.

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VIDEO: Downtown Tobacco Shop Closes After Decades  

One of the last places to allow smoking downtown is closing its doors.

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Businesses weigh in on impact of smoking ban 

In December, Governor Jennifer Granholm signed into law a smoking ban that will take place starting on May 1.

Walking into a smoky restaurant or bar will soon be a thing of the past. And many local business owners are looking forward to the fresher air.

In December, Governor Jennifer Granholm signed into law a smoking ban that will take place starting on May 1.

Melissa Wellhead, manager of the Flight Deck Bar, believes the smoking ban won't hurt business in the long run.

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Nicotine Tob Res -- Table of Contents (February 2010, 12 [2]) 

Clubs rue ban board voted in 

For Donald J. Cristina, a recent ban on smoking in private clubs is more than about lighting up.

"It's about rights that veterans fought and died to get," the five-year member of American Legion Post 184 on Houghton Street said Friday.

The Board of Health voted 2-1 Monday to ban smoking in private clubs.

Smoking is prohibited in public bars and restaurants in Massachusetts, but it is permitted in private clubs, with stipulations.

The ban goes into effect March 1.

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Helping quit way to deal with smokers  

A comprehensive report on the contentious issue of patients smoking outside Dunedin Hospital is expected to be considered by the Otago District Health Board's hospital advisory committee later this month.

At its December meeting, the board called for management to give high priority to urgently finding a suitable place for patients to smoke if they could not be dissuaded from smoking.

A management call for a ban on smoking on footpaths around the hospital, which was not favoured by board members, was turned down by the Dunedin City Council recently.

Chief executive Brian Rousseau said his view had been that creating a smoking room would be the answer, but clinical feedback was that the smoking addiction should be dealt with on the ward, as any other addiction would be addressed.

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• State Preemption of Local Smoke-Free Laws in Government Work Sites, Private Work Sites, and Restaurants --- United States, 2005--2009 

Preemptive legislation at the state level prohibits localities from enacting laws that vary from state law or are more stringent. A Healthy People 2010 objective (27-19) is to eliminate state laws that preempt stronger local tobacco control laws (4). A 2005 CDC review found that little progress was being made toward reducing the number of state laws preempting local smoking restrictions in three indoor settings: government work sites, private-sector work sites, and restaurants (5). These three settings were selected for analysis because they are settings that often are addressed by state and local smoking restrictions and because they are major settings where nonsmoking workers and patrons are exposed to secondhand smoke (1). This report updates the previous analysis and summarizes changes that occurred from December 31, 2004, to December 31, 2009, in state laws that preempt local smoke-free laws for the same three settings. During that period, the number of states preempting local smoking restrictions in at least one of these three settings decreased from 19 to 12. In contrast with the 2005 findings, this decrease indicates progress toward achieving the goal of eliminating state laws preempting local smoking restrictions. Further progress could result in additional reductions in secondhand smoke exposure. . . .

The reduction in state preemption laws described in this report means that, in contrast with previous trends (5), states made substantial progress toward achieving the Healthy People 2010 objective of eliminating state laws preempting such restrictions, and localities in the affected states can now adopt and enforce local ordinances that are stricter than state law. This progress is important because the most comprehensive smoking restrictions often originate at the local level (1,6); many states have enacted comprehensive statewide smoke-free laws only after numerous communities have adopted such laws (1). . . .

Two factors contributed to the reduction in the number of states with laws preempting local smoking restrictions during the study period. First, fewer states enacted new laws containing preemptive provisions; only two states, Rhode Island and Montana, had such provisions take effect during this period (the Rhode Island law had been enacted in 2004). However, in both cases, the statutes called for preemption to expire on a specified date in conjunction with phasing out exemptions in state smoke-free laws. Instead of preempting local action, recently enacted smoke-free laws often include antipreemption language explicitly enabling local jurisdictions to enact more comprehensive smoking restrictions. Second, several states rescinded preemptive provisions. In 2002, Delaware became the first state to rescind preemption of local smoking restrictions through the legislative process,¶ and other states subsequently took similar action.

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Key not keen on smoking ban at beaches, public places 

A proposal to ban smoking at beaches and other public places doesn't have the support of Prime Minister John Key, who thinks it is too "nanny state".

The Auckland Regional Public Health Service last week said it would urge tougher measures in a submission to the Maori affairs select committee's inquiry into the tobacco industry and the effects of tobacco use on Maori.

The Auckland service wanted the law banning indoor smoking at workplaces extended to playgrounds, outdoor eating areas, beaches, the area outside buildings, cars when a child under 16 is present, public transport stops and pedestrian malls.

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ACORAH: Stubbing out the habit  

I started smoking while I was living in Australia. It was in the days when smoking was socially acceptable, in fact it was lauded as the thing to do in "cool" society. . . .

I have reaped so many benefits through not smoking – my health is better, I can breathe properly, I sleep better, I don't have the awful smokers' cough I was known for, my clothes don't smell of smoke and I can enjoy a cup of coffee or a meal in a café or restaurant and feel sorry for the poor smokers huddled outside in the cold. I am pretty sure that I will never smoke again.

It is unfortunate that the government uses stealth tactics in an attempt to price cigarettes out of reach of ordinary folk by raising taxes by a few pence at a time. If they truly want people to give up smoking, they should impose a complete ban on smoking anywhere at any time.

And what of the hapless smoker? What if he or she does not want to give up smoking and is quite happy to do so, regardless of the health hazards involved? Do these people truly exist? Every smoker I have ever spoken to has told me that, at some point, they have tried to give up smoking, or they are considering giving up smoking. Nicotine is a powerful drug and most addicts, like me, have to reach a point where they make their own choice about giving up cigarettes. I wish them well and truly hope that they achieve their desire.

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VIDEO: Kiwis told they will get used to smoking ban 

Health officials say Kiwis will eventually get used to a smoking ban on beaches and public areas.

The move is being looked at by a parliamentary select committee.

The call comes from the Auckland Regional Public Health Service (ARPHS).

They say Kiwis could get used to it - like they did when the smoking was banned in restaurants and bars in 2003.

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Stamp Out Smoking announces The Big Pitch 2010 Tobacco-Free Drama Contest 

Stamp Out Smoking, the educational outreach media campaign for the Arkansas Department of Health Tobacco Prevention and Cessation Program, announced today it will host the seventh annual tobacco-free drama contest. Titled “The Big Pitch,” the contest will give students across Arkansas the chance to write and star in their own television spot highlighting the dangers of tobacco. Through participation in the program, students statewide will have the opportunity to creatively develop a commercial with their peers, win money for their school, and participate in a professional production should their commercial be selected.

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