2002-08-08 Public hearing smokiCity of Beverly, Massachusetts
Public Hearing Minutes
Board: Board of Health
Subcommittee:
Date: August 8, 2002
Place: Beverly Public Library
Board members present: Frank S. Carbone Jr., MD, Peter Hersee and Joseph W. Walsh.
Board members absent:
Others present: Tom Scully, Director of Community Services, William Burke, Director of
Public Health and Pat Goelhert, Tobacco Control Collaborative.
Recorder:William Burke
Chairman Carbone opened the hearing at 7:00 p.m. instructing the audience of the meeting format
and that written comment may be submitted to the Board until August 21, 2002.
The following comments were noted:
Jake Petronzio – Representing, Vittori-Rocci Post. Majority of membership at the last meeting
opposed smoking regulations at club, non-smoking during public functions. Members feel
Regulations would infringe on rights of private veterans club with card access. The club has 1625
members. Invited board members to club.
Bill Gates – Representing, Franco-American Club. He states other surrounding communities not
regulating private clubs. Members have card access.
Bill McPherson – Representing, Herman Spear American Legion Post. Club’s executive board
voted to oppose Regulations. Post is a private veteran organization of 400 members. Members
have key cards.
Tom Dill -Team Spirit Sports Bar, Allow bars to post that ‘Smoking is Permitted’ and let adult
public decide if they want to patronize.
Bob Mehrman – He lost larynx to cancer. Stated that secondhand smoke has 4,000 chemicals in it
and the exhaust systems get rid of smoke but not chemicals. Mentioned he also was a veteran and
was never told he was fighting for a right to smoke someday.
Jessica Slate – Coordinator of Smoke Free Solutions North, grew up and still lives in Beverly.
She submitted a letter on behalf of the American Heart Association. Spoke on various health
effects and submitted her comments in writing.
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Bob Jerin – Thanked the Board for their work and action regarding ETS Regulations. He stated
that secondhand smoke kills.
Cass Stephens – Since September 11, 2001, we appreciate our rights. Individuals and private
enterprises should be able to run their businesses as they see fit.
Jack Altshuler – Attorney, representing the Press Box. He does not envy the Board with this
difficult decision. Decision will have a financial impact on business and employees. Bars have no
kids. Allow them to post signs that read ‘Enter at your own risk’. Important to treat all
establishments the same not to create an unfair advantage.
Charity Larwer – Smoke-free Solutions North. Important to protect the health of the employees.
Most worksites are smoke free, why not bars and restaurants? Stated various health benefits and
role model to children. Mentioned that ventilation systems are not adequate protection from
environmental tobacco smoke and made the analogy of trying to chlorinate half of a swimming
pool. Submitted support letter from Asthma & Allergy Foundation of America.
Pat Goelhert – Program Director of the Coastal North Shore Boards of Health Tobacco Control
Collaborative. Stated 80% of population in Massachusetts are non-smokers. Stated health
statistics-50 –75% of bar tenders have increased risk of lung cancer. Submitted 100 signatures of
support collected during the Lobster Fest.
Former Employee of Scuttlebutts in Salem – Stated pay went down after Salem’s Regulations
went into effect.
Virginia McGlynn – Stated that government can not protect everyone against everything. Private
business owners should be able to make their own decisions.
Regional Funeral Director – Does outreach at bars. Cigarettes are a social invention. Could argue
for non-smoking in public but not in private.
Brian McDonald - Owner of Crackers. He states he is a non-smoker, believes in smoke-free
dining but offers entertainment every night in bar. Mentioned posting exterior sign.
Joyce Redford – Program Director, North Shore Area Boards of Health, Tobacco Control
Program. Summarized the regional approach via Clean Air Works & Clean Air Works North.
Stated Salem’s experiences with private clubs and seven new restaurants have opened since
regulations went into effect.
Kevin – Bartending has occupational hazards like other occupation has hazards.
D.J. Wilson – Attorney with Massachusetts Municipal Association. Commented on origin of draft
regulations. Stated that 201 city and towns have Board of Health Regulations and there are 7 city
ordinances and 23 town bylaws regulating smoking throughout the Commonwealth.
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Cliff Eckman – There has been a declaration of war issued.
A petition against non-smoking proposal was submitted.
The hearing was adjourned at 8:30 p.m.
Respectfully submitted,
William T. Burke