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Shirley vetoes tobacco ban 

Cites affect on revenue By Kathy Helms
Jump to full article: Gallup (NM) Independent, 2008-08-08
Author: Kathy Helms Diné Bureau

Intro:

Navajo Nation President Joe Shirley Jr. Thursday vetoed the Commercial Tobacco Free Act that would have banned cigarette smoking and tobacco chewing in all public places on the Navajo Nation, including casinos.

In his veto message to Navajo Nation Council Speaker Lawrence T. Morgan, Shirley said that although it is indisputable and already widely known that commercial and smokeless tobacco use is harmful to individual users and those affected by secondhand smoke, he was concerned that the ban would infringe upon bona fide religious ceremonies.

The president said the ban also would affect the Nation’s ability to generate revenues through its gaming initiative, did not address concerns of due process and equal protection, and failed to adequately focus on underage smoking.

The law, he said, “is unreasonably broad, unenforceable, provides no administrative appeal process, puts the Nation at a competitive disadvantage, and fails to address the real problem on the Navajo Nation of underage smoking.”

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Navajo president vetoes strict curbs on tobacco use 

Jump to full article: AP, 2008-08-08
Author: Susan Montoya Bryan The Associated Press

Intro:

The leader of the Navajo Nation on Thursday vetoed a measure that would have banned smoking and chewing tobacco in public places, resulting in strong criticism from lawmakers and health advocates.

Tribal President Joe Shirley Jr. said he rejected the measure because he feared it would infringe on religious ceremonies and inhibit gambling revenue. He also said the measure didn't focus enough on underage smoking.

Shirley said in his veto message that the law "is unreasonably broad, unenforceable, provides no administrative appeal process, puts the nation at a competitive disadvantage and fails to address the real problem on the Navajo Nation of underage smoking."

Tribal lawmakers approved the ban during their session last month in the Navajo capital of Window Rock, Ariz.

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Navajo Nation Tribal Council Bans Commerical Tobacco Use in All Public Places 

Statement by Dr. Cheryl Healton, President and CEO
Jump to full article: American Legacy Foundation, 2008-07-30

Intro:

The American Legacy Foundation commends the Navajo Nation Tribal Council on their efforts to ban commercial tobacco use in all public places. The Navajo Commercial Tobacco-Free Act of 2008 will help to extend and save the lives of thousands of tribal members. This unprecedented measure will serve as the catalyst for the improvement of major health disparities in tribal communities.

While tobacco has played an honored ceremonial role in the lives of Native Americans for centuries, current rates of commercial tobacco use among Native Americans are alarmingly high. Thirty-two percent of all adult Native Americans smoke in comparison with a 20.8 percent adult smoking rate nationwide. In 2005, thirty-six percent of teens in the Navajo Nation were current smokers. These rates far exceed other minority/ethnic groups and measures like this one are vital to curbing tobacco consumption and saving lives. Cardiovascular disease is the primary cause of death in the U.S. among Native Americans.

The significant efforts to create smoke-free reservations, casinos, indoor and outdoor areas are timely; they will also reduce the harmful effects of secondhand smoke and simultaneously encourage Native American smokers to quit.

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Navajo president vetoes ban on public tobacco 

Jump to full article: AP, 2008-08-07

Intro:

The president of the Navajo Nation has vetoed a ban on smoking and chewing tobacco in public places.

Tribal President Joe Shirley Jr. says he rejected the measure Thursday because he feared it would infringe on religious ceremonies and inhibit gambling revenue.

He also says the measure didn't focus enough on underage smoking.

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Tobacco use: Health vs livelihood? 

Jump to full article: Gallup (NM) Independent, 2008-08-07
Author: Kathy Helms Diné Bureau

Intro:

Is protecting the health of the Navajo people endangering their livelihood? Robert Winter, CEO of the Navajo Nation Gaming Enterprise, says legislation imposing a ban on commercial tobacco use has that potential.

But Herman Shorty of Navajo Office of Environmental Health, a proponent of the tobacco ban, said Wednesday that Navajo laws and regulations are such "that even reasonable persons have to be protected from themselves because of vices, or safety issues that they may not be aware of the need for."

Representatives from both sides of the issue have presented Navajo Nation President Joe Shirley Jr. with documentation supporting their stances. The Navajo Nation Council approved the tobacco ban July 25, and Shirley's decision on whether to sign or veto the legislation is expected today . . .

During Council debate of the legislation, Bates proposed an amendment to exclude gaming facilities from the tobacco bill, however, the amendment failed and the bill passed 42-27.

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Navajo Nation's Smoke-Free Legislation Is Historic Win for Health 

Jump to full article: PR Newswire, 2008-07-30
Author: SOURCE Campaign for Tobacco-Free Kids

Intro:

The Navajo Nation Council has delivered a historic victory for health by approving legislation that prohibits the non-ceremonial use of tobacco products in all areas of the reservation except personal residential property. The Navajo Nation is a federally-recognized tribe encompassing portions of northeastern Arizona, northwestern New Mexico, and southeastern Utah. We urge Navajo Nation President Joe Shirley, Jr., to sign into law this important legislation, which the Tribal Council approved at the conclusion of its weeklong summer session in Window Rock, Ariz.

The Council's 42-27 vote provides critical leadership in addressing the serious health hazards of tobacco use and exposure to second-hand smoke, which have a disproportionate impact among American Indians. American Indians have the highest prevalence of tobacco use in the United States, putting them at great risk of suffering from tobacco-related death and disease. According to the CDC's 2006 survey of adult smoking, 32.4 percent of American Indians/Alaska Natives were current smokers, compared to 20.8 percent for the nation as a whole. It also serves as an example for other tribes by encouraging them to take similar action to protect their members from tobacco use and secondhand smoke.

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Councilor: Cigar bars violate smoking ordinance 

Jump to full article: KOB-TV Channel 4 (Albuquerque, NM), 2008-07-30

Intro:

Councilor Michael Cadigan says all cigar bars in New Mexico are operating illegally.

A city councilor says cigar bars all over Albuquerque are operating illegally and is working to shut them down.

Councilor Michael Cadigan says there are no legal cigar bars in the state of New Mexico. He says the state health department has never issued permits to cigar bars.

Cadigan says the businesses have so far been operating simply because the city is not enforcing its own rules. He says the bars pose a major health risk and wants them stopped immediately.

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Navajo tribe bans tobacco use in public spaces 

Jump to full article: AP, 2008-07-27
Author: Sue Major Holmes - The Associated Press

Intro:

The Navajo Nation Council has voted to ban smoking and chewing tobacco in public places on the vast reservation, including such outdoor venues as rodeos and fairs.

The council approved the ban on a vote of 42-27 Friday evening at the end of its weeklong summer session in the Navajo capital of Window Rock, Ariz. Navajo Nation President Joe Shirley Jr. has 10 days to decide whether to sign or veto the law once it reaches his desk.

The measure prohibits smoking and chewing tobacco in public buildings and shared public air space, but does not affect tobacco used in ceremonies for traditional or religious purposes on the reservation, an area about the size of West Virginia that encompasses parts of Arizona, New Mexico and Utah.

"I think the council made a wise decision that puts the health and well-being of the people first," the legislation's sponsor, Navajo Health and Social Services committee member Thomas Walker Jr., said Saturday. . . .

Walker said the legislation stemmed from his interest in the anti-tobacco work of the Southwest Navajo Tobacco Education Prevention Project, organized by Henderson and her brother, Peter Nez. The education project, backed by the tribe's Division of Health and a group of medicine men, the Hataalii Association Inc., pushed for the ban.

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Navajo tribe bans commercial tobacco 

Ceremonial uses would still be allowed on sprawling reservation
Jump to full article: AP, 2008-07-26

Intro:

The Navajo Nation Council has approved a ban on commercial tobacco in public places on its vast reservation — including such outdoor venues as rodeos and fairs.

The measure would ban cigarettes and chewing tobacco — but not tobacco used in ceremonies for traditional or religious purposes — on the reservation across parts of Arizona, New Mexico and Utah. The reservation is about the size of West Virginia.

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Navajo Nation could ban smoking in public 

Jump to full article: KSL Channel 5 (Salt Lake City, UT), 2008-07-27

Intro:

The Navajo Nation Council voted on Friday to ban the acts, saying it will improve the health of the people. The measure would prohibit tobacco use in any public place or outdoor public event, such as rodeos or fairs. And it would apply to the entire reservation, which spans across parts of Utah, Arizona and New Mexico.

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Navajo Council To Consider Commercial Smoking Ban 

Ban Would Exempt Ceremonies
Jump to full article: AP, 2008-07-18

Intro:

The Navajo Nation Council is to consider a measure next week during its summer session that would prohibit the use of commercial tobacco in public buildings and shared public air spaces, such as fairs and rodeos.

The measure would prohibit cigarettes and chewing tobacco, but not tobacco used in ceremonies for traditional or religious purposes.

The Southwest Navajo Tobacco Education Prevention Project is pushing the passage of the law, backed by the tribe's Division of Health and the Hataalii Association Inc., a group of medicine men.

"It's a healthy decision," said David Begay, a medicine man from Ganado, Ariz. " . . .

The Navajo Nation Gaming Enterprise opposes the measure

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Smoking in Casino Precious to Both Navajos and Libertarians 

Jump to full article: Online Casino Advisory, 2008-07-20

Intro:

Smoking issues have been under consideration by casinos for some time, and the new Navajo project still has its smoking status up in the air. The Navajo Nation is discussing the merits and flaws of various smoking arrangements as it prepares to open its first casino.

While the Navajo Council prepared to hear expert testimony from the American Cancer Society, the New Mexican Cancer Society, and the Navajo Division of Health, another voice spoke loudly in favor of retaining some smoking privileges.

Ray Etcitty, general counsel for the Navajo Gaming Enterprise, used figures from other casinos that went smoke-free to demonstrate the significant drop in business incurred by imposing smoking bans. Further, Etcitty noted that all the competition faced by the Navajo venue would be smoking, exacerbating the effects on attendance.

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State Finalizes Cigar Bar Rule  

Department Of Health Is Accepting Applications For Existing Cigar Bars
Jump to full article: KOAT-TV Ch. 7 (Albuquerque, NM), 2008-06-19

Intro:

The New Mexico Department of Health is accepting applications from businesses that want to be certified to operate under the "cigar bar" exception to the smoking prohibition of the Dee Johnson Clean Indoor Air Act. That act prohibits smoking in public places, but allows an exemption for already established cigar bars that meet certain sales criteria.

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State accepting cigar bar applications 

Jump to full article: New Mexico Business Weekly, 2008-06-16

Intro:

The New Mexico Department of Health is accepting applications from businesses that want to be certified to operate under the "cigar bar" exception to the smoking prohibition of the Dee Johnson Clean Indoor Air Act.

The act prohibits smoking in public places, but allows an exemption for already established cigar bars that meet certain sales criteria.

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Indoor smoking ban proposal blows over 

Jump to full article: KOB-TV Channel 4 (Albuquerque, NM), 2008-05-12

Intro:

An Albuquerque city councilor now says his proposal for a complete indoor smoking ban, including in cigar bars, went too far.

Councilor Michael Cadigan says he was trying to protect businesses in strip malls that sit next door to cigar and smoke shops. He also wanted to discourage hookah bars from setting up shop in Albuquerque.

Cadigan says hookah bars only encourage a younger crowd to pick up the smoking habit. Additionally, he says businesses around smoke shops have to deal with second-hand smoke.

The councilor says he has decided to drop the smoking ban proposal after it received an unenthusiastic response.

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New Mexico
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