kansas clean indoor air act ruling is major victory for health of kansans
Posted on 03. Jul, 2010 by molly in op-ed
words > AMERICAN LUNG ASSOCIATION
The American Cancer Society, the American Heart Association, the American Lung Association, the Kansas Academy of Family Physicians, the Tobacco Free Kansas Coalition, and the Tobacco Free Wichita Coalition applaud the decision of Shawnee County District Judge Franklin Theis rejecting efforts to delay the implementation of the Kansas Indoor Clean Air Act across the state on Thursday, July 1, 2010.
The Court’s decision guarantees that all Kansas communities, other than Wichita, will celebrate a major public health victory on July 1, 2010, when Kansas joins the ranks of smokefree states. Because of this law, Kansas will see decreases in deaths from heart and lung diseases and cancer, as well as fewer youth starting to smoke. Enforcement of the law in the City of Wichita has been delayed due to a Temporary Restraining Order issued by Sedgwick County District Court Judge Eric Yost in a separate case.
“When smoke-free laws are enacted around the country, the opponents who were unsuccessful in the legislature frequently resort to legal action in a last-ditch effort to thwart implementation of the law. These efforts are almost universally rejected,” said Chris Masoner, Government Relations Director in Kansas for the American Cancer Society. “We are pleased that Judge Theis has recognized the authority of the Legislature to prohibit smoking in indoor areas open to the public, and has rejected efforts to have the entire Act declared unconstitutional merely because it provides for certain limited exceptions. Although a narrow injunction was issued to prevent enforcement of the Act in one private club in Tonganoxie, we believe the entire Act will ultimately be upheld.”
“We applaud the Judge for today’s ruling,” said Michelle Bernth, Senior Vice President of Marketing, Health Promotions and Public Policy, American Lung Association of the Central States. “Earlier this spring, the Kansas Legislature recognized the need to put public health before business interests in passing the Indoor Clean Air Act. This Act ensures the right of everyone who lives, works and plays in Kansas the right to breathe clean indoor air regardless of age, where they work, or where they live. Unfortunately, Wichita will be the only major city in Kansas that allows smoking in hospitality areas during the first half of July. We look forward to the day when Wichita joins the rest of the state in breathing clean indoor air.”
KAFP President, Jennifer L. Brull, MD, of Plainville, Kan. states: “This ruling is a clear victory for the health of Kansas citizens! The family physicians of the state salute the judge for the ruling and express appreciation again for the health benefits that will be realized by clean indoor air. We hope for a similar positive ruling in the Wichita challenge, as citizens of the largest city in the state deserve the same protections.”
