Federal money going towards e-cig indoor ban in Boston?

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Placebo Effect

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The LA Times just published a piece by Jeff Stier, formerly of the American Council on Science and Health and now a senior fellow at the National Center for Public Policy Research.

Obama healthcare: Grants just an expensive experiment - latimes.com

In the article, Jeff details how federal money has been going to state and local governments in the form of $100 million in 'community transformation grants,' and $500 million in Communities Putting Prevention to Work grants.

•$6.1 million to Boston for anti-tobacco campaigns. A portion of these funds is going to an anti-scientific, bizarre and secretive campaign to ban the use of e-cigarettes where cigarette smoking is banned. E-cigarettes are tobacco-free, smoke-free devices that use vaporized nicotine to replicate the experience of smoking cigarettes. There is no evidence to suggest that e-cigarettes are any more dangerous than the nicotine gum or patches that the FDA has deemed safe and effective. A ban would create a gratuitous obstacle for people who are trying to quit smoking cigarettes. And if that isn't troubling enough, the Boston Public Health Commission, which received the grant, and the CDC have repeatedly refused to disclose any scientific basis or rationale for the ban. So much for transparency and responsible governance.

I was denied access to information by the Keeper of Records at the BPHC on April 15 after Jeff Stier mentioned e-cigarettes in a column for The Hill. In the Keeper of Records' response, she said that the information was exempt. However, under Massachusetts law, information presented as FACT is not exempt from public disclosure.

So while the BPHC and those involved in the Communities Putting Prevention to Work program are probably protected from us seeing them say "I recommend e-cigarette use be banned indoors," and "I agree with Bob that the press release should say x," they're not entitled to withhold information like "E-cigarettes contain toxic substances" or "Campaign for Tobacco Free Kids says x, y, and z about electronic cigarettes."
 
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Placebo Effect

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HOW TO HELP

If you want to help, send in a request to the Boston Public Health Commission (BPHC) under Massachusetts Public Records Law for the information.

Put this in a Microsoft Word document, fill in the blanks, and e-mail it to nakisha_skinner@bphc.org, fax it to 857-288-7649 using Free Fax • Free Internet Faxing if you do not have a fax machine, or send it registered mail to Keeper of the Records -- BPHC, 1010 Massachusetts Avenue, Boston, MA 02118.

PLEASE NOTE: The BPHC has 10 calendar days (starting from the day after the request is received) to respond. Please do not inquire about the status of the request before then.

[your name, full address, e-mail, and phone number]

Custodian of Records, General Counsel Office
Boston Public Health Commission
1010 Massachusetts Avenue
Boston, MA 02118

RECORDS REQUEST

To whom it may concern:

Pursuant to the state open records act, I request access to and copies of any and all presentations, transcripts, e-mails sent or received by employees of the Boston Public Health Commission or those affiliated with the CPPW Program that relate to, touch upon, or concern regulation or the use of electronic cigarettes. My request is for documents dated between 01/01/2011 and 5/31/2011.

Even though some of the documents may be preliminary, Massachusetts law does not allow for a blanket denial when there are clearly purely factual matters that can be revealed. Therefore, I am entitled to the requested documents, although with portions deleted “that possess a deliberative or policymaking character and relate to an ongoing deliberative process.”

950 CMR 32:06(5) “encourages” the custodian to waive fees “where disclosure would benefit the public interest.” Please waive the fees involved with this request. My use of this information is noncommercial. Your compliance with this request will undoubtedly serve the public interest. This issue is not only relevant to state users of electronic cigarettes, but because of the assertion that federal money is being used to pursue regulation, this is especially relevant to the hundreds of thousands of e-cigarette users across the United States.

If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the act.

E-mail or phone contact is preferred.

Thank you for your assistance.

Sincerely,

[name]

Seriously people, we need to show that there is public interest in this information to get it released without being charged hundreds (or thousands) of dollars. We all know that false and misleading information has been used to initiate indoor use bans in other states. We all know that people care about this issue. Not only that, but because it appears that federal grant money is being used to plan for a future indoor use ban attempt, this means that release of this information is not just in the public interest of Boston citizens -- it's in all taxpayers.
 
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Placebo Effect

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how do I post this to Facebook- would like to spread the word!

You can post a link to this thread, with the description: "Boston Public Health Commission is using federal money to prepare to ban the public use of e-cigarettes. Even worse, they're not complying with legal requests for information. U.S. taxpayers: Demand transparency in your government by filing a FREE public records request by clicking the link below and going to Post #4."
 
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Placebo Effect

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I received a phone call from the General Counsel / Keeper of the Records at the Boston Public Health Commission on Friday relating to their failure to timely and appropriately respond to my request. While she did not mention the flurry of public records requests she'd received, she seemed to be in a bad mood.

We didn't discuss much of consequence, but the highlight was when she told me "I've never denied you any information." When I mentioned that she denied me access to a document less than two months ago, she laughed it off.

Keep 'em coming vapers. Remember, this is FEDERAL grant money. Even if it's just 1/100th of a cent, it's still your tax dollars at work and you are legally entitled to transparency.
 
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