Plan to impose 'Tobacco Prohibition' proposed

Author: Kacie Sherman

Last spring, Middlebury's Town Health Officer (Dr. Robert P. LiFiandra, M.D.) proposed a plan that would eliminate tobacco sales from Middlebury. In an effort to reduce the visibility of tobacco sales and curtail the acceptance of the habit of smoking, Dr. LaFiandra suggested that Middlebury refuse to renew tobacco vendors' licenses. Without licensing, merchants could technically still sell tobacco within the town borders, but would be subject to perpetual fines.

Since late June the Tobacco Product Sales Advisory Committee (TPSAC), a sub-group of the Middlebury Select Board, has been investigating whether such a ban would be approved by the State of Vermont in the future, whether it would be permissible under the guidelines of the Middlebury Town Charter.

According to Vermont's 2006 and 2007 Tobacco Control Work Program, the state's three main goals regarding tobacco use are reducing the prevalence of youth smoking, reducing the prevalence of adult smoking and reducing the exposure of all Vermonters to secondhand smoke.

Currently, the state is organizing and funding various anti-smoking campaigns and educational programs, as well as support groups for those seeking to kick the habit. Schools across the state are receiving funding and encouragement to establish informative programs that teach children about the dangers of smoking. Government programs are expanding to offer multi-dimensional support for smokers trying to quit. Even the media has witnessed a large increase in the distribution of anti-smoking campaigns through radio and television advertisements.

In an effort to raise funds for these anti-smoking initiatives, the tax will again be doubled in 2008, to $1.99 per pack. Income from these taxes is pooled statewide, so even if Middlebury did ban sales - and therefore contributed nothing to the collection of taxes that go towards anti-smoking education efforts - they would not lose funding for their own local anti-smoking initiatives and would still reap the benefits of statewide efforts.

Through their varied programs and campaigns, the State's methods overall emulate a grassroots model. By changing individuals' habits and by promoting small-scale educational efforts, Vermont hopes to see its percentage of smokers cut in half by 2010. This gradual, self-motivated method of reducing tobacco consumption in the state starkly contrasts the ban on tobacco sale methods that Middlebury is considering implementing.

According to Bill Perkins, the Head of the APSAC, this proposal is the first of its kind, but "smoke-free towns" do exist. Vermont currently bans indoor smoking at public establishments and has considered following in the College's footsteps, banning smoking in the vicinity of doorways. As a supporter of Vermont's anti-tobacco initiatives, Perkins hopes to see a "further limiting" of smoking policies in Middlebury, but does not necessarily see this ban as the most effective means of doing so.

Citing the fact that tobacco vendors rake in "$30,000 a month" from tobacco sales, Perkins sees this potential banning as a serious economic issue for the town and the business community. Tobacco users would simply travel a few miles out of town to buy tobacco products elsewhere because "there would be no handcuffs in other communities," said Perkins. The loss of revenue would be devastating for business owners and the town might face a possible lawsuit from those merchants if the ban were enacted.

Beyond economics, Perkins adopts a more philosophical standpoint on the issue. For Perkins, the regulation would be "unnecessary government intervention in the daily lives of citizens." He believes changing smoking habits should be a matter of personal responsibilityand said, "there is no need for Big Brother."

Dr. LiFiandra, on the other hand, sees tobacco sales playing a role in reinforcing the image of smoking as "a normal part of life." He feels that cigarettes should not be visibly available to consumers, and that as an investment to future generations, Middlebury should "limit exposure" and make cigarettes "an artifact of our society."

Unfortunately for Dr. LiFiandra, the actual achievement of a ban on cigarettes and cigars in Middlebury is unlikely. The Tobacco Product Sales Advisory Committee has been working with the Vermont League of Cities and Towns, and the League's advisors and attorneys doubt that refusing to renew tobacco licenses is a viable plan. The League feels that the state of Vermont will not permit the ban, and Middlebury's Town Charter does not give the Select Board enough authority to prohibit sales.

Town Attorney Karl Neuse affirmed this decision with Bill Perkins, but the TPSAC still has an upcoming meeting to review Mr. Neuse's report and to decide upon future action. The TPSAC is comprised of four members who, according to Mr. Perkins, are evenly split between supporting and opposing the ban. Mr. Perkins personally sees further pursuit of the ban as an "economic drain that would not be fruitful towards exerting pressure on tobacco sales."