Winton Woods MS- Smoking Problem

The Smoking Problem

Pramit Bhatia Kyler Duecker Zavarri Carr

Malachi Norman

''Every puff on a cigarette is another tick closer to a time bomb of terrible

consequences.'' - Ray Comfort.

The Smoking Problem

Panel One

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The Problem

Cigarettes arc becoming an extremely large cause of deaths that occur every year in the

United States.

In factual terms, about 443,000 deaths occur from cigarettes every year. Cigarette smoke

contains over 7,000 chemicals, and about 70 of those chemicals have been identified to cause

cancer.

Cigarette smoking is also responsible for 90% of lung cancer deaths, becoming the

world's most prominent source of preventable deaths every year.

Cigarettes are also responsible for over 80% of emphysema and chronic bronchitis

deaths. According to many websites on the Internet, Cigarette smokers die about 1 O years before

non-smokers.

Smoking is a big problem because about 20% of people in Ohio are smokers. To resolve

this problem, a han was created on 7111 December, 2006. This ban prohibited smoking in all

public places, and like all bans, it had its own exceptions. People were allowed to smoke in the

safety of their own home. People were also allowed to smoke in private clubs.

Many people did not take this ban seriously, though. Have you ever noticed people

smoking outside buildings that have a sign that says no smoking? We have. We believe that this

is a serious problem. If the smoking ban is not enforced more strictly, the people might start to

smoke outside of places like hospitals and schools!

The current ban is also faulty, though. The major problem in this ban is the e-cigarette.

An e-cigarette is a "battery-powered vaporizer which produces a similar feel to tobacco

smoking." Though an e-cigarette does not contain tobacco, it is a major pollutant of the

environment because of the vapors it releases. E-cigarettes also contain nicotine, which harms

the environment just as much as any tobacco related product. The current ban does not affect e

cigarettes!

Since the current ban does not affect e-cigarettes, no age ban exists in Ohio to control e

cigarettes. This effectively means that all kids and adults, no matter the age, can purchase e

cigarettes. This is a major problem. If children start to smoke e-cigarettes at such an early age, it

could reduce their life span severely. This will also affect their health, and may cause diseases

like asthma.

To solve this problem, our team has put together 3 alternative policies that address the

issue. We will present these policies after we present the current ban of smoking.

The following is the chapter 3794 of the law. This chapter prohibits smoking in specific

areas. The full chapter is below.

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The Current Ohio Law

3794.01 Oefinltlons.

As used in this chapter:

(A) •smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted smoking device for burning tobacco or any other plant. "Srnokinq" does not include the burning of Incense in a religious ceremony.

(B) "Public place" means an enclosed area to which the public is invited or in which the public is permitted and that is not a prívate residence.

(C) •place of employment" means an enclosed area under the direct or indirect control of an employer that the employer's employees use for work or any other purpose, including but not limited to, offices, meeting rooms, sales, production and storage areas, restrooms, stairways, hallways, warehouses, garages, and vehicles. An enclosed area as described herein is a place of employment without regard to the time of day or the presence of employees.

(O) "Employee' means a person who is employed by an employer, or who contracts with an employer or third person to perform services for an employer, or who otherwise performs services for an employer for compensation or for no compensation.

(E) •employer' means the state or any individual, business, association, political subdivision, or other public or prívate entity, including a nonprofit entity, that employs or contracts for or accepts the provision of services from one or more employees.

{F) "Enclosed Area" means an area with a roof or other overhead covering of any kind and walls or side coverings of any kind, regardless of the presence of openings for ingress and egress, on all sides or on all sides but one.

(G) "Proprietor" means an employer, owner, manager, operator, liquor permit holder, or person in charge or control of a public place or place of employment.

(H) "Retail tobacco store' means a retail establishment that derives more than eighty percent of its gross revenue from the sale of cigars, cigarettes, pipes, or other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental. "Retail tobacco store" does not include a tobacco department or section of a larger commercial establishment or of any establishment with a liquor permit or of any restaurant.

(I) "Outdoor patio' means an area that is either: enclosed by a roof or other overhead covering and walls or side coverings on not more than two sides; or has no roof or other overhead covering regardless of the number of walls or other side coverings.

Effective Date: 12-07-2006

Chapter 3794.03 (

3794.03 Areas where smoklnn is not regulated by this chapter. The following shall be exempt from the pro~slons of this chapter:

(A) Private residences, except during the hours of operation as a child care or adult care facility for compensation, during the hours of operation as a business by a person other than a person residing ln the private residence, or during the hours of operation as a business, when employees of the business, who are not residents of the private residence or are not related to the owner, are present.

(B) Rooms for sleeping in hotels, motels and other lodging facilities designated as smoking rooms; pro~ded, however, that not more than twenty percent of sleeping rooms may be so designated.

( C) Family-owned and operated places of employment in which all employees are related to the owner, but only if the enclosed areas of the place of employment are not open to the public, are ln a free standing stmcture occupied solely by the place of employment, and smoke from the place of employment does not migrate Into an enclosed area where smohlng ls prohibited under the pro~sions of this chapter.

(D) Any nursing home, as defined ln section 372l.10(A) of the Re~sed Code, but only to the extent necessa1y to comply \liith section 3721.13(A)(18) of the Re~sed Code. If Indoor smohlng area Is pro~ded by a nursing home for residents of the nursing home, the designated Indoor smo~ng area shall be separate~ enclosed and separately ventilated so that tobacco smoke does not enter, through entrances, 1·~ndows, ventilation systems, or other means, any areas where smoking Is othe,vnse prohibited under this chapter. Only residents of the nursing home may utilize the designated indoor smoking area for smohlng. A nursing home may designate specific times when the indoor smo~ng area may be used for such purpose. No employee of a nursing shall be required to accompany a resident into a designated indoor smo~ng area or perfonn services in such area when being used for smo~ng.

(E) Retail tobacco stores as defined in section 3794,0l(H) of this chapter ln operation prior to the effective date of this section. The retail tobacco store shall annual~ file with the department of health by Janua,y thirty first an affida~t stating the percentage of its gross Income during the prior calendar year that was delived n·om the sale of cigars, cigarettes, pipes, or other smo~ng devices for smohlng tobacco and related smohlng accessories. Any retail tobacco store that begins operation after the effective date of this section or any e~sting retail tobacco store that relocates to another location after the effective date of this section may only qualify for this exemption If located in a freestanding stnicture occupied solely by the business and smoke from the business does not migrate Into an enclosed area where smo~ng Is prohibited under the pro~sions of this chapter.

(F) Outdoor patios as defined in Section 3794.01(1) of this chapter. All outdoor patios shall be physically separated from an enclosed area. If windows or doors fom1 any pait of the pa1titlon between an enclosed area and the outdoor patio, the openings shall be closed to prevent the migration of smoke Into the enclosed area. lf 1~ndows or doors do not prevent the migration of smoke Into the enclosed area, the outdoor patio shall be considered an extension of the enclosed area and subject to the prohibitions of this chapter.

(G) Private clubs as defined in section 4301.01(8)(13) of the Re~sed Code, provided all of the follo1~ng apply: the club has no employees; the club Is organized as a not for profit entity; only members of the club are present in the club's building; no persons under the age of eighteen are present in the club's building; the club Is located in a freestanding stnicture occupied solely by the club; smoke from the dub does not migrate Into an enclosed area where smohlng Is prohibited under the pro~sions of this chapter; and, if the club serves alcohol, it holds a valid 04 liquor pem1it.

Effective Date: 12-07·2006

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Picture of an e-cigarette

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Discontent There has been some discontent among our community in Cincinnati.

Students at the Ohio State University say that they would not like to ban e-cigarettes.

E-cigarettes must be banned because they cause diseases like asthma. They also arc bad for the

enviromnent. E-cigarettes are not completely banned in any of our proposed policies, so this

problem is not of a major concern if any of our policies come to enactment.

Analysis of Alternative Policies

Panel Two

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Alternative Policy Number 1 The first alternative policy that we suggest is to ban smoking in the state of Ohio. This

policy will also have a 21 year age ban for smokings-cigarettes. We believe such a policy will

help Ohio be a better and, hopefully, a cleaner place than it already is.

There will have to, of course, be a check for cigarettes on every place of entry into Ohio.

The places where the entry and exit from Ohio occurs frequently without any check would need

to have scanning arcas; areas where the cars are scanned for cigarettes. The airports in Ohio will

also be checked, no matter where they arc coming from; even flights connecting cities in Ohio.

This will help airport officials, because they would not have to clear a way for passengers on

incoming flights within Ohio.

For any person found, the punishment of having cigarettes with tobacco on one's person

will be the same: A 5 year prison sentence and/or a $10,000 fine. This punishment is neither

much, nor less. If the authorities find that a smuggler is trying to sell cigarettes, then the

smuggler will be charged with the 5 year sentence AND the $10,000 fine. If the smuggler is

trying to smoke cigarettes, then he will be charged with EITHER the 5 year sentence, or the

$10,000 fine.

This policy will also effectively set up an age ban for e-cigarettes in Ohio. Any person under the (

age of21 will not be allowed to smoke an e-cigarette. This will reduce the number of toxins that

are released into the air, and it will control addiction to nicotine. Nicotine is highly addictive

chemical found in e-cigarettes. If minors smoke e-cigarettes, then they are highly likely to smoke

cigarettes with tobacco in them in the future. Normal cigarettes also contain nicotine, so those

who smoke are not likely to quit smoking.

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Pros and Cons

Alternative Policy Number 1

There are many Pros and Cons to our policy. These Pros and Cons help us

determine which policy to choose as our final policy in the last part of our presentation.

The Pros for Alternative Policy Number 1 are:

1. This policy has laws that control e-cigarettes.

2. This policy has laws that control cigarettes.

3. The addiction to nicotine in minors due to e-cigarettes will decrease.

4. The amount of deaths related to smoking will decrease.

5. Cigarettes would be banned, resulting in less pollution of the enviromnent.

The Cons for Alternative Policy Number l are:

l. This policy has an age ban of21 years for e-cigarettes, which is higher than the

nonna! driving age.

2. The amount of work to seal up the borders of the state is incredible.

3. The policy itself will take years to enact.

4. E-cigarettes would still release smoke into the air.

Alternative Policy Number 2 The second alternative policy that we suggest is to ban all cigarettes with tobacco in any

place except smoking cabins that will be fit in one building. There will be one building in every

city. This will effectively reduce tobacco smoke in the air. This also means that people who visit

licensed places will have to drink pure water after smoking, so their breath is not contaminated.

QleanAir is a company that sells smoking cabins. These smoking cabins will filter the

smoke, before returning it into the air. Smoking will in this way be allowed.

There will have to be a check for cigarettes on every place of entry into Ohio. This ban

requires the same efforts as the first ban. The places where the entry and exit from Ohio occurs

frequently without any check would need to have scanning areas. The airports in Ohio will also

be checked.


will be the same for this ban: A 5 year prison sentence and/or a $10,000 fine. This punishment is

neither much, nor less. If the authorities find that a smuggler is trying to sell cigarettes, then the

" smuggler will be charged with the 5 year sentence AND the $10,000 fine. If the smuggler is


$10,000 fine.

This policy will han e-cigarette consumption for minors. The people over 21 will have to

he issued an I.D. for buying an e-cigarette. They would not be allowed more than 5

e-cigarettes/refills per month.

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Pros and Cons

Alternative Policy Number 2 There are many Pros and Cons to our second policy. These Pros and Cons help us





3. The addiction to nicotine in minors duc to e-cigarettes will decrease.


5. Cigarettes would be controlled, resulting in less pollution of the environment.

The Cons for Alternative Policy Number 2 are:

1. This policy has an age ban of 21 years for e-cigarettes, which is higher than the

normal driving age.




5. Smoking Cabins will be expensive.

Alternative Policy Number 3 The third alternative policy will be to ban tobacco in Ohio. This policy will ban all

products containing tobacco. Tobacco is essentially a harmful product, but if it is banned, then

there will not be any cigarettes in Ohio. Only e-cigarettes will be left.

This policy will also control e-cigarettes. This policy will set up a 21 year age ban for

e-cigarettes. E-cigarettes will not, at any cause, allowed to be taken home. E-cigarettes would be

smoked in certain areas where children would not be allowed.

At all places of entry into Ohio, tobacco will be scanned for. Airports will do baggage

checks, which will prohibit passengers to bring tobacco from outside. Railways will also have

tobacco scanners. Free places of entry will have to set up scanners to check for tobacco.

Of course, tobacco consumption will be illegal in Ohio. All tobacco will either be sold to

neighboring states, and/or be shipped to other countries.

This ban will help us save nature. Smoke would be controlled, and people who regularly

consume tobacco will not do so. This will reduce the number of people who die from lung

cancer. According to the American Cancer Society, 53% of deaths in Ohio occur from lung

cancer.

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Pros and Cons

Alternative Policy Number 3 There arc many Pros and Cons to our third policy. These Pros and Cons help us




2. No tobacco means there will be no cigarettes.



5. Cigarettes would be controlled, resulting in less pollution of the environment.

The Cons for Alternative Policy Number 3 arc:

1. This policy has an age ban of 21 years for e-cigarettes, which is higher than the

normal driving age.




Controversies and Conflicts

Not everyone is bound to agree with the bans we create. Many people will have

questions, and to prevent them from becoming quarrels, we will try to resolve those conflicts in

this document. The following issues may be controversies and conflicts to our proposed policies.

Many people say that the age ban for e-cigarettes must be 18 years old, and not 21 years.

They support their say with evidence like people become adults at 18. They want the age bans to

also be 18. Some people go even further, and ask for the ages to be 16, and 15. The problem with

new, young adults is that they go through a change during their l 81h year. They need to adapt to

their new change and need time. This is why we keep the age ban at 21.

In our second policy, people might want there to be more freedom of smoking. They

want to have more than one building that they can smoke e-cigarettes in. But if there are more

buildings to smoke, then there will be no difference except in the prevention of smoke in nature.

We want to change smoking to better the average smoker's health.

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Public Policy Development and Persuasiveness Panel Three

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Decision

We have finally picked one policy that our entire group agrees is the most suitable

for curing the smoking problem in Ohio. We have chosen Policy 1 as our policy and believe that

the government must be involved. The government and state are the only powers that can enact a

policy. This is why we have to believe the government must be involved.

Review of Alternative Policy Number 1

The first alternative policy that we suggest is to ban smoking in the state of Ohio. This

policy will also have a 21 year age ban for smoking s-cigarettes. We believe such a policy will

help Ohio be a better and, hopefully, a cleaner place than it already is.

There will have to, of course, be a check for cigarettes on every place of entry into Ohio.

The places where the entry and exit from Ohio occurs frequently without any check would need

to have scanning areas; areas where the cars are scanned for cigarettes. The airports in Ohio will

also be checked, no matter where they are coming from; even flights connecting cities in Ohio.

This will help airport officials, because they would not have to clear a way for passengers on

incoming flights within Ohio.


will be the same: A 5 year prison sentence and/or a $10,000 fine. This punishment is neither

much, nor less. If the authorities find that a smuggler is trying to sell cigarettes, then the

smuggler will be charged with the 5 year sentence AND the $10,000 fine. If the smuggler is


$10,000 fine.

This p<>licy will also effectively set up an age ban for e-cigarettes in Ohio. Any person under the (

age of21 will not be allowed to smoke an e-cigarette. This will reduce the number of toxins that

are released into the air, and it will control addiction to nicotine. Nicotine is highly addictive

chemical found in e-cigarettes. If minors smoke e-cigarettes, then they are highly likely to smoke

cigarettes with tobacco in them in the futur"· Normal cigarettes also contain nicotine, so those

who smoke are not likely to quit smoking.

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Review of the Pros and Cons

Alternative Policy Number 1 There are many Pros and Cons to our policy. These Pros and Cons help us







5. Cigarettes would be banned, resulting in less pollution of the environment.

The Cons for Alternative Policy Number 1 arc:

1. This policy has an age ban of 21 years for e-cigarettes, which is higher than

the normal driving age.




Constitutionality of our Laws

The constitutionality of our laws matters, because wc cannot enact it unless we

have proved that our policy is constitutional.

According to the article, "The Constitutionality Oflaws", there arc four ways for

a law to be constitutional. They are:

The 4 ways for a law to be unconstitutional are

1. The law violates a specific right explicitly.

2. The law violates a specific law implicitly.

3. The law violates a general right explicitly.

4. The law violates a general law implicitly.

Since our law does not meet any of the above criteria, it is constitutional.

Another way to prove our law constitutional is:

According to "Gallup Poll", 22% of Americans want to ban smoking completely in the

United States. If smoking can be banned in the entire U.S., then we have to believe that it

can be banned in its states. If this law can be created, then it must be constitutional.

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Implementation of an Action Plan Panel Four

Influence the World (

Many people will need to be influenced about our policy.

These are the individuals and groups that need to be influenced about our policy:

l. Campaign for Tobacco-Free Kids

2. Smoke free

3. American Heart Association

4. Ash in Action

5. WebMD

6. Recovery.org

7. tobacco free.org

8. planfortobaccofree.org ( \

9. C.L.A.S.H

These are the government officials that will need to be influenced about our policy:

1. Phoenix Housing Department officials

2. Chamber of Deputies.

3. Heartland Institute

4. Tobacco Control (This organization supports not banning the sale of cigarettes).

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We will also need to gain the viewer's confidence to enact the policy.

We will thus revise our policy again.

The policy does not ban other products that contain tobacco, so people will not be troubled.

This policy will also effectively set up an age ban to e-cigarettes, so there will be a lower chance

of early addiction to nicotine.

The state and the government are the only ones that can enact a policy, so they are responsible

for this.

The policy will set up scanners for cigarettes at all potis of entry into Ohio.

For any person found, the punishment of having cigarettes with tobacco on one's person will be

the same: A 5 year prison sentence and/or a $10,000 fine. This punishment is neither much, nor

less. If the authorities find that a smuggler is trying to sell cigarettes, then the smuggler will be

charged with the 5 year sentence AND the $10,000 fine. If the smuggler is trying to smoke

cigarettes, then he will be charged with EITHER the 5 year sentence, or the $10,000 fine.

Since our policy is protecting the environment, we are sure that people who need to be

influenced will support our policy.

Action Process

Many people will need to be influenced about our policy.

We believe that if we enact our policy, then it will serve as a precedent to the whole world,

including other states in U.S.A., and help in making the world and the countries in it a better

place to live in.

Bhutan, the only country in the world, served as a precedent to the world about how dangerous

smoking is.

If Ohio enacts a policy, then it will inspire other states to enact a policy to ban cigarettes. In a

few years, the whole country could enact such a policy. The U.S. making such a big move will

inspire other countries to ban smoking.

The cigarette emissions in the world will severely decrease, and the lives of the 443,000 people

who die each year because of smoking will be saved.

N ature will be saved.

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The End

Pramit Bhatia

Kyler Duecker

Malachi Norman

Zavarri Carr

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Winton Woods MS- Smoking Problem

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