Stop the New Mexico Smoking Ban sign now

Common Sense Alliance

Political Organization



Contact: Michael Davis

Communications and Outreach Director

505.615.7098

[email protected]





Petition to Repeal or Amend the Dee Johnson Clean Indoor Air Act also know as HB 283





To: Governor Bill Richardson and the New Mexico Legislature:



We the undersigned concerned citizens of New Mexico bring you greetings and respectfully request the repeal of the Dee Johnson Clean Indoor Air Act also known as HB283. Studies show that onerous state-wide bans similar to the act do not alleviate the risks associated with smoking. Furthermore, studies also show the relative health risks to nonsmokers due to Environmental Tobacco Smoke are so very low that a ban which strips property owners of their rights and in some cases their livelihoods is an intolerable government intrusion.



I. Smoking Bans do little to reduce the negative health effects attributed to smoking , and according to the vast majority of epidemiological studies, Environmental Tobacco Smoke caries an extremely low health risk to non-smokers .



II. Smoking bans, like the Dee Johnson Clean Indoor Air Act, arbitrarily confiscate the property rights of business owners, which result in tremendous harm to businesses that serve smokers and nonsmokers alike, including employee layoffs, lost sales reported as high as 50\%, and ultimately closures.

Smoking bans throughout the country that target full service restaurants as well as areas restricted to adults only i.e.: bars and nightclubs, have caused tremendous financial loss due to lost business. In the first year of its ban the city of Dallas, TX lost $11.8 million in revenue from beverage sales. Washington D.C. bar and restaurant owners report a 35 to 50\% drop in revenue. According to the Kuneman/McFadden study, restaurant retail revenue drops by an average of 25\% in states with highly restrictive smoking bans, except in Utah where the smoking population is well below the national average. On a brighter note: Kuneman/McFadden showed that states with reasonable smoking restrictions showed similar hospitality retail growth and restaurant revenue exhibited by states with no smoking restrictions.



V. Because ETS poses an extremely low health risk to nonsmokers who choose to be around it and smoking bans cause serious financial harm to businesses and communities that have them, we strongly urge you to repeal the Dee Johnson Clean Indoor Air Act.



VI. If you are so beholden to the Anti-Tobacco Lobby and the pharmaceutical companies that fund it, that you cannot repeal the act, then we urge you to change it. In lieu of repealing Dee Johnson, we urge you to amend the act so that the rights of property owners, smokers and nonsmokers alike are protected. The amendment to the act should exempt taverns, bars, nightclubs and other areas restricted to patrons 18 and over from the smoking banwe ask that business owners throughout the state are afforded the same rights given to gaming halls, cigar bars and other currently exempt locations. We also ask that you exempt restaurants with separate, closed off and ventilated smoking areas. Numerous studies show that proper ventilation is highly effective at removing ETS and the very low risk posed to nonsmokers .



VII. Finally: adult smokers represent 24\% of the voting population. We are Democrats; we are Republicans; we are independents. We are organizing; we are active, and we will vote to bring common sense back to our government.



For more information on the studies that support the claims made in this petition, please contact Michael Davis.

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Gov. Bill Richardson and the New Mexico Legislature

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