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Delaware Senate Votes to Keep Smokefree Workplace Law

Letter From Governor Ruth Ann Minner

By Joe Cherner
Published: April 8, 2003

Today, the Delaware Senate voted 14-7 to keep Delaware's smoke-free workplace law in place. A group of pro-tobacco legislators have introduced legislation to weaken it. As happened years ago in California, the Delaware house passed the repeal bill (21-19), but the Senate refused to go along.

During the course of the debate, the following letter was sent from Delaware Governor Ruth Ann Minner to a small but vocal group of RJR-supported smokers. A copy of the Governor's letter (on her letterhead with signature) can be seen at http://www.smokefreeair.org/minner.pdf

FROM DELAWARE: GOVERNOR RUTH ANN MINNER:

Dear Members of the Delaware United Smokers Alliance:

Thank you for your many e-mails regarding House bill 15 [a bill to weaken Delaware's smokefree workplace law]. I always appreciate those who take the time to communicate their views to their elected officials.

The way members of DEUSA view the Clean Indoor Air Act and the way I view it are obviously very different. DEUSA members view it as an attack on civil liberties. I -- along with many, many other Delawareans -- view it as a health issue, as well as a protection of the freedom of those who choose not to smoke.

Democratic governments have always recognized that there can and should be a limitation on people's and business' behavior when that behavior affects other people -- especially other people's health and safety. Drunken driving laws, health standards for restaurants, pollution restrictions for industry, safety standards in manufacturing -- all these are born from an understanding that freedom is not absolute. One shouldn't legally be able to act in a manner that harms others.

The Clean Indoor Air Act does not deny the ability of smokers to smoke. But smoking in public places denies the ability of employees and their customers of those places to breathe air that is free of a known carcinogen. It is true that cigarettes are of legal products. But alcohol and automobiles or legal products as well, and few argue with the wisdom of banning them from being used together in a way that is known to harm others.

As far as the argument that the Clean Indoor Air Act is hurting the bottom line of some businesses, we knew that would be the case. Some businesses tell me they are actually doing better since the Act. Long-term experience in other areas with smoking bans shows that business will come back to those now seeing a slump. But more importantly, I can think of no other industry where it is acceptable to make the argument that the employees' and customers' health should be allowed to be jeopardized because it's better for the business' bottom line. We don't allow chemical plants or oil industries to knowingly endanger workers' health because they can make more money. I don't believe casinos or bars or restaurants should be allowed to do that.

Again, this is an issue where our perspectives are different. I view it as a health issue. I survived the painful experience of watching my husband -- a lifelong smoker -- die of lung cancer. I do not desire to persecute those who choose to smoke, though I wish each one would give up the habit. I would gladly give up the cigarette tax revenue the state receives if they did because it would mean lower health care costs in the long run. But I do feel that those who choose not to smoke should be supported in that choice and should not endure the horrible effects of smoking -- cancer and other health problems -- if they want to visit or work in a casino, restaurant or bar.

This is an issue where we will likely continue to disagree, but I thank you for expressing your opinion to me and for allowing me to explain my position to you.

Sincerely,

Ruth Ann Minner
Governor

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