Iowa Rulemaking Process, WOW FM 98.3 Des Moines | WOW FM 98.3 Des Moines | October 28, 2008

A talk with "public health" | Macs World - WOW 98.3 FM | October 10, 2008

Iowans for Equal Rights also issued an October 9, 2008 press release

Norman Kjono on WHO NewsRadio 1040

3rd October 2008

What happens when a radio talk show host who supports anti-tobacco, two state senators, a smoking ban advocacy group, and Norm Kjono get together on a radio talk show? (Recorded in Des Moines, Iowa September 30, 2008) - The answer is a surprisingly convivial, but equally direct, 47 minute conversation. This broadcast discusses the Iowa smoking ban in an interesting context: all parties agree the current ban enforcement rules do not work but present strikingly different approaches to a solution.

IDPH Request for Regulatory Analysis-Sept. 2008 Supplement

Iowans for Equal Rights on WOW 98.3 FM

August 20, 2008

Iowans for Equal Rights (IER) presents its case concerning prospective condemnation and seizure of private property under the current rules for the House File 2212 statewide smoking ban. IER believes that the following information should be considered in light of the 2005 Iowa Supreme Court decision Lewis Investments Inc. vs. City of Iowa City, Iowa. That decision approved taking of a property by state government based on condemnation as a public nuisance. The state condemned the property, offered the owner an assessed valuation, and succeeded with its seizure proceedings.

Section 9.(5.) of House File 2212 that created the Iowa smoking ban in April 2008 (effective July 1) defines smoking in public places to be a “public nuisance” and provides authority for the Iowa Department of Public Health to abate that nuisance through “means provided by law.” The Lewis Investment case is one of the means provided by Iowa law to abate a public nuisance. In addition, Section 153.8(3) of the Iowa Department of Public Health’s smoking enforcement rules, as adopted by the Iowa State Board of Health June 27, 2008, state, “The department or its designee may initiate a civil action against an owner, operator, manager, or person who otherwise has custody or control of a place where smoking is prohibited pursuant to 2008 Iowa Acts, House File 2212.” Finally, Iowa Code includes in the definition of a “public nuisance”, “a building that is a menace to the public health, welfare, or safety, . . .. or is otherwise dangerous to human life.” Since the alleged premise of the smoking ban is that Environmental Tobacco Smoke indisputably kills hundreds of Iowa nonsmokers each year through cancer, heart disease and another medical conditions, it is apparent that the seizure of business owner’s property to abate the public nuisance of smoking can be authorized under the current rules and statutes.

This subject provides a clear example of why Iowans for Equal Rights has made an earnest, good faith commitment to address the current smoking ban through rulemaking procedures. The central issue is what House File 2212 and the health department rules authorize. The issue is not what the health department claims it does not intend to enforce at the present time. If the health department does not intend to seize private properties to enforce the smoking ban then the rules must be amended to make that clear and remove the possibility. If the health department does intend to apply the apparent authority to seize private property then that fact must be publicly disclosed by the department. Those issues can be addressed by removing the “public nuisance” definition from House File 2212 and then making the required revisions to the health department’s rules.

In addition to discussing the subject of Eminent Domain this broadcast on WOW 98.3 FM also presents additional information concerning Indoor Air Quality and related ventilation standards.

Iowans for Equal Rights Health Department Letters Summary : In early August the four directors of Iowans for Equal Rights sent eight inquiry letters to the Iowa Department of Public Health. A three-page summary of the letters, including the 31 questions questions asked of the health department is presented in this document. The full text of the letters can be accessed directly through a link in the summary. For those who would prefer to read each letter in its entirety now links to each of the eight letters are provided below.

Iowa Department of Public Health Inquiry No. 1

Iowa Department of Public Health Inquiry No. 2

Iowa Department of Public Health Inquiry No. 3

Iowa Department of Public Health Inquiry No. 4

Iowa Department of Public Health Inquiry No. 5

Iowa Department of Public Health Inquiry No. 6

Iowa Department of Public Health Inquiry No. 7

Iowa Department of Public Health Inquiry No. 8

July 18, 2008 Mac’s World WOW 98.3 (1 hr. 10 minutes):  This broadcast includes comments by Iowans for Equal Rights (IER) directors Randy Stanford and Tom Coates, as well as discussion with IER consultant Norman E. Kjono. Mr. Kjono is not an attorney and the contents of the broadcast are not intended to be legal advice. The focus of the discussion is the smoking ban enforcement rules promulgated by the Iowa Department of Public Health on June 27, 2008. Other subjects include American Society of Heating, Refrigeration and Airconditioning Engineers (ASHRAE) ventilation Standard 62.1 2004 and federal plus Iowa Occupational Safety and Health Administration rule making procedures.

The broadcast included in this file has been altered from the original. Advertisements, news reports and weather forecasts have been edited out. All other related content remains the same. It is noted, however, that about the last minute of the broadcast is omitted due to a time delay between what is heard on the telephone during discussions with the talk show host and what is broadcast over the air. No content that would alter or amend the balance of the broadcast was included in that omission.