Council mulls smoking ban on county property

March 02--Luzerne County Council is considering a smoking ban on all county property. Some opponents are fuming.

Proponents say offering smoking cessation courses to county employees and then banning them from lighting up on county property will improve health, reduce litter and cut health insurance costs.

Many smokers feel the government is chipping away at their last bastion -- the outdoors -- and say they have a right to use a legal product.

Luzerne County Council's operational services committee is set to debate the issue at its meeting Tuesday, along with a proposal to start anti-littering education accompanied by legislation outlawing tossing cigarette butts on public property.

Rick Williams, the committee chairman, said a smoking ban would create a healthier environment and "makes healthy sense."

"I think in the scheme of things we'd love to move towards a smoke-free environment and help others, but there is freedom of choice and I sure support that," Williams said. "How people choose to spend their time is their business when they're not working, but at the same time it does have consequences for health care costs."

But not everyone is sure protecting people from themselves is the right approach.

"We've got people legalizing marijuana in some states, but there's a war against tobacco. I just really struggle with that," Councilman Harry Haas said. "Obviously it's not healthy. But at the same time, if that's the worst -- people having a cigarette a couple of times a day -- I don't think that's something to demonize."

High smoking rate

Smoking is a major issue in the region. The Daily Beast website in January 2011 ranked the Wilkes-Barre/Scranton metro area as the second-worst place in the nation for smoking based on the number of smokers, average number of daily cigarettes and percentage who have tried to quit.

According to data compiled by the University of Wisconsin and the Robert Wood Johnson Foundation, 26 percent of adults in Luzerne County smoked in 2013. Luzerne County had one of the highest smoking rates in the state, which has historically exceeded the national average rate.

Across the commonwealth, hospitals and local governments are making similar moves to curtail public smoking, said Judy Ochs, director of tobacco prevention for the state Department of Health.

The Clean Indoor Air Act, which outlaws smoking in many public places, does not allow local municipalities to make more stringent regulations than the state law -- but it doesn't apply outdoors, she said.

The state Young Lungs at Play program, which encourages local municipalities to create tobacco-free parks, playgrounds and recreational areas, is functioning in all but five counties, Ochs said. Twenty-eight communities in Luzerne County are involved in the program, which seeks to change the status quo.

"It's a systems change," Ochs said. "Our goal has always been to change the community norm, where it's unusual to see people using tobacco, especially to protect our kids."

'No smoking'

The proposal wouldn't be the first time officials put restrictions on smoking on Luzerne County property.

County commissioners in November 2007 voted to ban smoking in the cafeteria -- the final stronghold inside the courthouse -- and within 20 feet of county owned and leased buildings.

But on a recent afternoon, a fairly steady stream of smokers lit up immediately to the side of a vestibule behind the county courthouse. Many were county employees who declined to comment as they puffed next to a "No Smoking" sign hanging above scores of cigarette butts discarded on the ground.

One worker who didn't want to be identified for fear of retribution said she thought council had better things to worry about than whether people are smoking outside, away from others.

"It's nit-picking," she said. "Let them take care of county business first. There's so many things that need to be done before they go starting with the smoking and everything. It's ridiculous."

Another smoker, Nanticoke resident Kathy Spelman, was at court for a hearing for her daughter. She agreed that there wasn't any harm to others in smokers lighting up away from the building, she said.

Spelman, who has smoked for about 50 years, said she recalled the days when people would smoke inside hospitals and at their desks at work.

"I think what they've done is sufficient. But to get carried away with the outside air is very far-fetched," Spelman said. "It's just frivolous nonsense."

But Tony Delonti, spokesman for the American Lung Association of Northeastern Pennsylvania, dismissed any concerns that people's rights would be stripped, saying employees would still be free to smoke anywhere else.

The association, he said, endorses any proposal that protects the health of smokers and prevents others from being exposed to second-hand smoke.

"We hope that they will follow through with this legislation, and the American Lung Association is there to help in any way that we can, whether with the cessation or with implementation of the law," Delonti said.

Tested for tobacco

Williams said he was inspired on the issue after Geisinger Health Systems began hiring only non-smokers starting in February 2012. All applicants at the health system, including for part-time and volunteer positions, are now tested for use of tobacco products as part of routine drug screening.

John Buckley, chief administrative officer for Geisinger Wyoming Valley Medical Center, said the fact that tobacco is the No. 1 cause of preventable illness and death in the country was the reason for the move, as well as why the health system in November 2007 banned smoking on all its properties.

"As you can imagine, there were some challenges associated with rolling that out, but over time the challenges lessened and people have really come to understand and respect the fact that we are smoke-free," Buckley said. "It's still something that we, from time to time, have to enforce. --The vast majority of the time, people are very understanding, apologetic and very quickly put their cigarette out."

The idea on county property is still in its infancy, and whether any smoking cessation course would be mandated or what the fine would be for smoking on county property has yet to be determined, Williams said.

During his recent state of the county address, Luzerne County Manager Robert Lawton talked about "exploring wellness initiatives and incentives" this year, noting the county had switched to a single plan and insurance provider in a move that avoided a $2 million increase with the previous plan.

Lawton said Friday that the human resources department is already working to develop strategies for a smoking cessation program and that he thinks the idea has "great merit." The initiatives will involve incentives, not "coercive measures," to encourage employees to lead more healthy lifestyles beyond simply quitting smoking, he said.

"I wouldn't advocate for any kind of an ordinance addressing smoking on county property that would effect any sooner than Jan. 1, 2015," Lawton said. "I think we need to provide adequate lead time for cessation programs and wellness programs for our employees before some arbitrary date is chosen by council."

Passing the buck

Councilman Jim Bobeck said offering smoking cessation will result in healthier employees, as well as save them thousands of dollars per year on cigarette costs and health insurance. He noted that some insurance carriers and employers are passing along increased smoking premiums directly to smokers.

"So if you are a smoker, you may be subject to an additional premium because your health insurance is going to cost more," Bobeck said. "Insurance companies and employers are not going to be paying any longer to perpetuate an unhealthy lifestyle."

In addition to improving health and lowering costs, the proposal would cut down on employees going out for smoke breaks and also improve the aesthetics of county owned properties, Bobeck said.

"County in the end still is a business that provides services," Bobeck said. "In providing those services, we want to make sure that we provide an atmosphere that people feel is welcoming. A cloud of smoke and littered cigarettes everywhere does not create that atmosphere of welcoming."

But Haas said he is "vehemently against" a ban solely to improve the appearance of county property, saying use of cigarette butt cans could reduce the amount of litter.

He said he is "very reluctant" to say employees can't smoke on property during their breaks unless the county health insurance provider can give a specific guarantee on savings from implementing smoking cessation courses.

"I think it really comes down to the financials," Haas said. "If we can save a lot of money on it, it would be really hard to say no to something like that. But at the same time, it is a freedom thing."

A smoking ban on county property is also likely to encounter some practical problems. While smoking is already banned inside the Luzerne County Correctional Facility, guards are allowed to go outside to smoke on their breaks.

Requiring them to leave county property to smoke would mean they would not be as readily available if they need to be called back for an emergency, Williams said.

"There are some things that really need to be thought through and discussed and understood," Williams said. "It's not a black-and-white issue. It's got plenty of areas of gray."

[email protected]

570-821-2058, @cvjimhalpin

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