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25 January 2011

Oxford: Citizen Has Filed ADA Complaint About Smoking In The Capitol Building

I have received the message below and these attachments indicating that Rossie Judd of Fenton, MO has filed an Americans with Disabilities Act complaint about tobacco smoke in the Capitol Building. In speaking with Billy Williams, I learned that, if the complaint is either not processed or denied, it will then be sent to the U.S. Department of Justice.

I do continue to believe that the Missouri Capitol Building should be 100% smokefree. The inconvenience of having to go outside this building to smoke is minimal if it can prevent an asthma attack or heart attack and possibly even save a life. It is also very important that we set a good example, as well as protect the health, of the thousands of school children who tour this building annually.

In the debate on House Rules [HR38] on January 13, House members voted to end smoking in the members' lounge area behind the chamber. The Rules do not affirmatively state that we may smoke in our offices, but some members have long asserted their right to do so. The amendment I offered sought to establish the House as 100% smokefree, and, if passed, I had hoped House leadership would then advocate the same policy in the Senate.

It was unfortunate that Majority Floor Leader Jones signaled that all GOP members were to vote no instead of allowing each member to vote his or her own conscience on this matter. I had received enough support from GOP members for the motion to have carried if it had not turned into a partisan vote. Perhaps that would not have happened if Rep. Jones had been in when Rep. Ellinger, Rep. May and I went to his office on Jan. 11. I believe Rep. Jones may have simply seen my amendment as part of the wrangling that the majority and minority do about the Rules when it was really a bi-partisan public health matter. I should have followed up with Rep. Jones to make sure he understood that distinction, but we juggle a lot of competing priorities as legislators, and I simply ran out of time to do so.

A previous ADA complaint resulted in guidance about where smoking may occur and where it may not, but much has been learned about the dangers of secondhand smoke that was not known when that agreement was reached(in 1999 I believe). When you add what we are also now learning about "thirdhand smoke" (chemical residue in carpeting, drapes, clothing, etc.), it is hard to justify allowing smoking in any workplace that is not truly private and used only by the smoker him/herself.

[Attached: Letter from U.S. Department of Justice

Attached: Judd's complaint to the Missouri House
]

2 comments:

  1. All toxic tobacco smoke MUST be banned IMMEDIATELY, indoors and out!

    Toxic tobacco smoke kills 65,000 INNOCENT Americans every year. This is nothing less than terrorism.

    BAN ALL SMOKING AND BAN THE ILLEGAL TOBACCO DRUG, NOW!

    ReplyDelete
  2. There is no such thing as a private office in the state capitol because:
    1. The taxpayers paid for the office; and
    2. The HVAC system is interconnected throughout the building thus ensuring that all toxins and carcinogens discharged in one area exposes everyone to the same pollutants.

    Don't expect any help from Rep. Jones. He is simply demonstrating his own personal level of arrogance and belligerence. We can all look forward to the promised education he will be receiving from the U.S. Department of Justice. Clearly he and the others who bowed down and kissed his feet would like us to believe that they never take a commercial flight, attend a court hearing or go to church.

    ReplyDelete