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Categories
· Cross-Border/Crime
· Tax
USA, by State
· Illinois
· Wisconsin

Taxes drive tobacco users to Illinois border 

Jump to full article: Milwaukee (WI) Journal-Sentinel, 2009-10-10
Author: Rick Romell of the Journal Sentinel

Intro:

While Ahmad, Mussina and the other Wisconsin merchants suffer financially, the tax increases have significantly boosted the revenue of a cash-strapped state, and probably are deterring a lot of smoking.

The retailers say price increases won't stop smokers, but researchers say otherwise, and the potential savings in health care costs are enormous.

On average, according to University of Illinois at Chicago economist Frank J. Chaloupka, every 10% increase in cigarette prices reduces demand by about 4%.

That would suggest that reduced overall smoking accounts for a significant portion - perhaps more than half - of the decrease in cigarette sales following Wisconsin's tax increases.

There's no data yet on the effects of the most recent increase, which took effect Sept. 1. But tax collections before and after the $10-a-carton boost on Jan. 1, 2008, show a dramatic impact.

From fiscal 2007 to fiscal 2009, revenue to the state nearly doubled, to $551 million. But cigarette sales fell by 19% - from 38.5 million cartons in fiscal 2007 to 31.1 million in fiscal 2009.

That's more than a billion fewer cigarettes sold here, and Chaloupka believes most weren't replaced with smokes bought elsewhere.

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Categories
· Smokefree Policies
· Real Estate
· Households
USA, by State
· Illinois

No-smoking strategy: Apartment buildings start bans to draw new renters, keep peace among existing ones 

Landlords go for LEED credentials
Jump to full article: Chicago Tribune, 2009-10-04
Author: Sharon Stangenes Special to the Tribune

Intro:

Warren Nisley liked the "green" features of the new Morgan at Loyola Station in Rogers Park when he was apartment hunting.

The mixed-use building near Loyola University Chicago has 152 apartments, is near public transportation and boasts eco-friendly features such as water-saving fixtures and efforts to improve internal air quality with low-gas-emitting paints and a no-smoking policy for all residents and guests.

The smoke-free environment wasn't the only criterion for deciding to live in the building, but it was part of a package that Nisley, 52, found appealing. . . .

The first no-smoking sections in restaurants appeared 30 years ago. Since then, smoking increasingly has been banned in commercial and public buildings because of concerns about second-hand smoke and a growing consumer demand for better quality air. But in Chicago, smoke-free apartments have been concentrated in smaller, privately owned buildings or privately owned units.

Jennifer Wolf, AMLI Residential's senior vice president for development, said the company chose to prohibit smoking in AMLI 900 to meet requirements to improve internal air quality, among other things, for LEED certification.

Wolf said the project, which opened in November, is on track to be the first new-construction high-rise apartment in Chicago to be LEED-certified, a measure of environmental sensitivity and sustainability.

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Categories
· Lawsuits
· Labels/Lights
· Court Documents
USA, by State
· Illinois
Organizations
· MO
· Lorillard

CLEARY v. PHILIP MORRIS, INC.  

Jump to full article: Leagle, 2009-09-08

Intro:

Brian Cleary and Rita Burke, representing a putative class, have sued several tobacco companies and tobacco-related entities. This case was filed in state court in 1998. Defendant Lorillard Tobacco Co. removed it to this Court after plaintiffs filed a third amended complaint on March 3, 2009. In their third amended complaint, plaintiffs make several claims against the defendants on behalf of Illinois residents. Among other claims, plaintiffs allege that defendants deceptively marketed "low tar," "light," and "ultra light" cigarettes as being safer than regular cigarettes, although they were equally dangerous. Defendants have moved for judgment on the pleadings with respect to these claims on the ground that they are time-barred. For the following reasons, the Court grants the motion as to the defendants other than Philip Morris but defers ruling as to Philip Morris. . . .

For the foregoing reasons, the Court grants defendants' motion for judgment on the pleadings concerning Count 3 of the third amended complaint [docket no. 85] as to all defendants other than Philip Morris. The Court directs Philip Morris to show cause, by no later than September 21, 2009, why the Court should not vacate the state court's interlocutory order dismissing the light cigarettes claim. Pending ruling on that matter, the Court defers consideration of whether the Marlboro Lights claims in the third amended complaint relate back to the date the plaintiffs filed the first amended complaint. The case is set for a status hearing on September 23, 2009 at 9:30 a.m.

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Categories
· Smokefree Policies
· Dining/Entertainment
USA, by State
· Illinois

Haze lingers over 2008 smoking ban 

Even after recent clarification, problems with enforcement remain
Jump to full article: Peoria (IL) Journal-Star, 2009-09-28
Author: MATT BUEDEL of the Journal Star

Intro:

Almost two years since the state's ban on indoor smoking in public places took effect, the haze surrounding the enforcement of the law appears to still be lingering.

Some aspects of the Smoke Free Illinois Act are now much more clear than at its inception. Enforcing agencies such as police departments and local public health departments now have citations specific to the ban that can be handed to violators.

And smokers or business owners who want to contest those allegations now know with certainty that they will do so in front of an administrative judge for the Illinois Department of Public Health, rather than a criminal judge at a county courthouse.

Those much-needed clarifications came thanks to an amendment to the state ban signed into law in early February during Gov. Pat Quinn's first bill signing after Rod Blagojevich's impeachment.

"It's an evolution, and over the last two years we've seen quite a lot of progress," said Greg Chance, administrator of the Peoria City/County Health Department.

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Categories
· Health/Science
· Cessation
· Mental Health/Neurology
USA, by State
· Illinois

Holdout smokers: Who they are and why they can't quit 

Despite high cost, it's a stress reliever, many smokers say
Jump to full article: Chicago Tribune, 2009-08-25
Author: Dan Simmons Tribune reporter

Intro:

Shannon has company. Despite recent laws that further limit where they can smoke, despite tax hikes that have made Chicago the second-most expensive place to smoke in the U.S., despite unyielding pressure from friends and family to quit, a sizable chunk of the population keeps lighting up.

In Illinois, adult men are more likely to smoke than women, while high school girls are more likely to smoke than boys. African-Americans smoke at the highest rate among ethnic groups, while Asian-Americans smoke at the lowest rate. The poor and less educated smoke at higher rates as well.

The group that smokes the most? The mentally ill. According to studies, people with mental illness smoke at nearly twice the rate as those without such disorders.

Studies have identified a common genetic vulnerability to both mental illness and nicotine addiction, said Brian Hitsman, an assistant professor of preventive medicine at Northwestern University who researches tobacco use among psychiatric patients.

Beyond the physical addiction, smokers repeatedly pointed to the stress relief that smoking provides. . . .

But the habit isn't all that calming. For heavy smokers who can't get their fix, withdrawal symptoms including nervousness, irritability and restlessness can develop in as little as two hours, Hitsman said.

Like Shannon, Israel said she has made multiple attempts to quit. So have many others.

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Categories
· Teen Smoking/Youth
USA, by State
· Illinois

Teens and tobacco don't mix in Illinois  

Jump to full article: Beloit (WI) Daily News, 2009-08-22
Author: Hillary Gavan

Intro:

Gov. Pat Quinn signed State Rep. Ronald Wait's underage smoking billion on Aug. 11, making it illegal for minors under the age of 18 to possess any cigar, cigarette, smokeless tobacco or other tobacco product.

"This law makes sense," Wait said. "For years it has been illegal for minors to purchase tobacco, yet they can possess it without any repercussions. Common sense tells us if we don't want our kids to use tobacco, then we should not let them have tobacco."

The new public act establishes a multi-tiered system which addresses the violation through a combination of service, education and fee requirements. The first offense is $25 or 15 hours of community service; second offense, $50 and 25 hours of community service; third offense, $100 fine and 30 hours of community service.

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Categories
· Health/Science
· Cross-Border/Crime
· Smokefree Policies
· Casinos/Gambling
· costs/finances
USA, by State
· Illinois

Casino revenue plummets; gaming lobbyists blame smoking ban  

Jump to full article: (IL) State Journal-Register, 2009-08-15
Author: BRUCE RUSHTON THE STATE JOURNAL-REGISTER

Intro:

Illinois casino lobbyists weren't blowing smoke when they said that a statewide smoking ban has cost the industry -- and government -- lots of money, economists at the Federal Reserve Bank of St. Louis have found.

They say state and local governments lost $200 million in taxes last year because of the ban.

That's more than a projected $150 million that state legislators hope to realize by privatizing lottery management and selling tickets online, and more than half of the $300 million in revenue the state projects could be raised by legalizing and taxing video poker.

Economists who studied casinos in Illinois and surrounding states found that attendance here went down by 9 percent while revenue plummeted by more than 20 percent, according to study results published last month in The Regional Economist, a federal reserve bank publication. . . .

After reviewing a copy of the study sent to her by The State Journal-Register, Drea via e-mail said that while there might be a revenue decline associated with fewer smokers in casinos, "it defies logic" to blame the smoking ban, as opposed to a tough economy, for plummeting revenue.

However, the study's authors said that neighboring states have also experienced hard times.

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Categories
· Smokefree Policies
· Casinos/Gambling
· costs/finances
USA, by State
· Illinois

Revenue drop for casinos not as bad as last year  

DROP WAS WORSE IN '08 * Economy blamed for current decline
Jump to full article: Chicago Sun-Times, 2009-06-11
Author: DAVE MCKINNEY Sun-Times Springfield Bureau Chief

Intro:

The downdraft Illinois' anti-smoking law may have had on casino revenues appeared to ease up during the first three months of this year, an industry trade group said Wednesday.

Revenues for Illinois' nine casinos fell by 9.3 percent from January through March of this year compared with the first quarter of 2008, the American Gaming Association reported. . . .

In a May report, the industry trade group showed casino revenues in Illinois dropped by a whopping 20.9 percent in 2008 compared with a year earlier, the sharpest decline in the country.

The AGA attributed that decrease largely to the impact of the state's no-smoking policy, which made cigarette smoking off-limits in casinos and other public indoor areas beginning Jan. 1, 2008.

"We believe the majority of decline now is the result of the economy," said Thomas Swoik, executive director of the Illinois Casino Gaming Association. "There is still some backlash from smoking, but we're seeing the numbers getting better."

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Categories
· Smokefree Policies
· Real Estate
· Households
USA, by State
· Illinois

Renters breathe easy with no-smoking policy 

Jump to full article: Chicago Sun-Times, 2009-04-26
Author: CELESTE BUSK - Sun-Times Staff Writer

Intro:

Renters who abhor cigarette smoking can head to the South Loop to sign a lease at the new AMLI 900, Chicago's first smoke-free apartment building.

The developer, AMLI Residential, says the 24-story highrise at 900 S. Clark was designed for those who want to live in a smoke-free environment. The building's Breatheasy program strictly prohibits smoking by residents and guests inside and outside the building. Residents who do not follow the rules will be fined, and all fines will be donated to charity.

"The feedback from prospective and current residents has been overwhelmingly positive," said Jennifer Wolf, senior vice president of development for AMLI Residential. . . .

Wolf said one of the reasons for the smoke-free requirement is its green theme.

"The rental building will be the first new construction rental apartment building in Chicago to receive LEED [Leadership in Energy and Environmental Design] certification by the United States Green Building Council due to its efforts to improve, among other things, internal air quality," Wolf said.

"As part of our LEED certification, we chose to prohibit smoking and to comply with an Environmental Tobacco Smoke Control prerequisite, as well as offer a healthier living environment for our residents and their guests,"

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Quotes from this article:

The rental building will be the first new construction rental apartment building in Chicago to receive LEED [Leadership in Energy and Environmental Design] certification by the United States Green Building Council due to its efforts to improve, among other things, internal air quality. As part of our LEED certification, we chose to prohibit smoking and to comply with an Environmental Tobacco Smoke Control prerequisite, as well as offer a healthier living environment for our residents and their guests.
Jennifer Wolf, senior vice president of development for AMLI Residential, developer of the new 24-story AMLI 900, Chicago's first smoke-free apartment building.

Categories
· Lawsuits
· Smokefree Policies
· Dining/Entertainment
USA, by State
· Illinois

McDonough County smokers win round one  

Jump to full article: WGEM-TV (Quincy, IL), 2009-04-24

Intro:

A McDonough County Court has dismissed charges against nine people who were criminally charged for smoking cigarettes in a public establishment in September 2008. Bushnell Attorney C.F. Pierce and Peoria Attorney Dan O'Day represented nine of the individuals arrested, including the owners of the Silver Fox tavern and Bowser's, two establishments where the arrests took place.

"It has been established in a court of law that people who are smoking in public are not criminals, therefore they have no reason to be tried as such," said Pierce. "The cases have to be brought in a quasi-civil proceeding being an administrative process; such as the Department of Public Health. The dismissals are reflective of the current trend that these smoking cases were not adequately considered and reviewed prior to being voted on by the Legislature. This doesn't mean that you're legally able to smoke in public - but to enforce a non-smoking law, the lawmakers and State's Attorneys are going to have to redefine their procedures."

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Categories
· Federal
· Parenting / Family issues
USA, by State
· Illinois

Man writes to Obama about smoking -- and he writes back  

Letter from graduate of Waukegan high school one of 10 from ordinary Americans seen by president
Jump to full article: Chicago Sun-Times, 2009-04-21
Author: MAUREEN O'DONNELL Staff Reporter

Intro:

It's been 30 years since his dad died, and Michael Powers still misses him.

That's why he wrote to President Obama urging him not to smoke so he could be there for his daughters.

Powers, 54, whose family has Waukegan roots, couldn't believe it when Obama replied. "When I first got it, I thought, 'Hey, he wrote this.' "

His note to the White House was one of 10 letters from ordinary Americans to be selected for Obama's daily reading, according to the New York Times. . . .

Powers told Obama his dad, Benjamin, smoked three packs of cigarettes a day --and later died of lung, throat and bone cancer.

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Categories
· Settlements
· Fees
· Op-Ed
USA, by State
· Illinois

BROWN: Vrdolyak's fee hidden in smoke and mirrors 

How did former alderman get multimillion-dollar piece of tobacco deal?
Jump to full article: Chicago Sun-Times, 2009-04-15
Author: MARK BROWN Sun-Times Columnist

Intro:

Lost in the uproar last month over a federal judge's decision to go easy on Fast Eddie Vrdolyak was another piece of information to emerge from his sentencing that was nearly as outrageous.

Vrdolyak, come to find out, was the recipient of a multimillion-dollar legal fee paid from the big 1998 tobacco settlement -- and he's still collecting on it.

You remember the tobacco settlement: hundreds of billion of dollars paid by cigarette makers to state governments to make all those pesky liability suits go away, billions in turn directed to state-hired law firms that brought the cases. . . .

That calculates to a $6.25 million total fee for Vrdolyak using the prosecution's number or $9 million using the judge's. I couldn't get clarification. The U.S. attorney's office declined to clarify. Monico wouldn't return my calls. Pre-sentence investigations reports aren't public records.

Did this involve pal-in-crime Levine?

People want to write off Vrdolyak as a quaint relic from yesteryear, yet even though long retired from public office, he still was able to find a way to latch on to the sweetest litigation jackpot in U.S. history -- and keep it secret. That's impressive, as well as suspicious.

What, you may wonder, did he do to earn his fee, and who agreed to pay him?

I don't have the answers, but I'll fill you in as best I can.

For what little we do know, we can thank U.S. District Judge Milton Shadur.

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Categories
· Smokefree Policies
· Religion
· Tribes
· waivers/exceptions
USA, by State
· Illinois

Ill. may offer exemption to smoking ban 

State does not have religious exemption.
Jump to full article: Burlington (IA) Hawk Eye, 2009-03-25
Author: CHRISTINIA CRIPPES

Intro:

Since Illinois' smoking ban went into effect 15 months ago, the law already has been amended once to clarify enforcement.

Now, Sen. John Sullivan, D-Rushville, is seeking to make it even clearer.

Unlike Iowa, Illinois failed to provide an exception for religious ceremonies in its statewide smoking ban.

"If we can make our case to our members here why we're doing what it is what we're doing, there seems to be good support for it," Sullivan said.

Sullivan said opponents contend that federal law already addresses the religious exemption. . . .

A constituent and member of the Standing Bear Council, Larry Cooper came forward and told him otherwise. In fact, Cooper said he's been fighting for a religious exemption for more than six months prior to the ban's enactment. . . .

Cooper, a member of the Chickamaka Cherokee tribe, took a copy of the act to the places where he intended to perform a ceremony, and tried to explain, but invariably the owners cited Illinois' state law.

"We've always had to bend," Cooper said. "The bending is over. I'm not bending for nobody. If they won't accept us there, we won't be there."

He said the Native American tradition always has been that tobacco is a sacred herb, whether it is burned or not.

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Categories
· Smokefree Policies
· Dining/Entertainment
USA, by State
· Illinois

Smoking-ban change could nix local cases 

Jump to full article: Suburban Chicago News, 2009-03-03
Author: STEWART WARREN

Intro:

A judge should throw out the criminal charges filed against five people who allegedly were smoking cigarettes in public last year, a Peoria lawyer says.

The reason? Recent changes to the state's smoking ban. Daniel O'Day will argue the issue at 9 a.m. March 24.

In motions filed in Will County Judge Jim Egan's courtroom, O'Day cited legislation signed Feb. 4 by Gov. Pat Quinn. It clarifies a once-murky section of the Illinois Smoke Free Act, a law that made its debut Jan. 1, 2008, and forbids smoking in most public places.

In the past, if someone was ticketed for smoking in Will County, there were two courses of action: pay a fine or go to court. Now, if someone gets a ticket and wants to fight the fine, the Illinois Department of Public Health will hold an administrative hearing.

The violations are a civil -- not a criminal -- matter.

"You cannot take people to court over it," O'Day said.

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Categories
· Smokefree Policies
· Real Estate
· Households
USA, by State
· Illinois

Chicago's First Smoke-Free Apartment Building Thriving in South Loop 

Jump to full article: PR Newswire, 2009-01-12
Author: SOURCE AMLI Residential

Intro:

January 1, 2009 marked the one-year anniversary of the Smoke-free Illinois Act, prohibiting smoking in virtually all public places and workplaces. As Chicago's first completely smoke-free apartment building, AMLI 900 is catering to those who want to live in a smoke-free environment. Located at 900 S. Clark St. in the South Loop, this luxury apartment building began leasing in May 2008.

AMLI's Breatheasy(TM) program strictly prohibits smoking by residents and guests inside and outside AMLI 900. The program, already successful at select AMLI communities in Seattle and Atlanta, promises a healthier living environment for residents and their guests.

"The feedback from prospective and current residents has been overwhelmingly positive," said Jennifer Wolf, Senior Vice President of Development for AMLI Residential. "People have been working smoke-free for a long time, and they seem happy to have a chance to play smoke-free since the Smoke-free Illinois Act went into effect. Now, AMLI is giving apartment renters an option to live completely smoke-free."

AMLI 900 is also the first new construction rental building in the City of Chicago to receive LEED (Leadership in Energy and Environmental Design) certification from the U.S. Green Building Council. As part of its LEED certification, AMLI 900 chose to prohibit smoking to comply with an Environmental Tobacco Smoke Control (ETS) pre-requisite, as well as offer a healthier living environment for its residents. The building also is using low-emitting materials such as paint, adhesives, sealants and carpets to reduce the quantity of indoor air contaminants.

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Illinois
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