The Traveler

Issue date: 4/6/09 Section: Opinion

The campus was shocked Wednesday when it was announced in the Campus Council that a state law had just been passed that will ban smoking on public university grounds, punishable with excessive fines of $100 to $500.

I was upset by this, but I was even more outraged when I read through a copy of the law. I disagree with the UA's current tobacco policy, but at least it's well-written. 

Act 734, "The Arkansas Clean Air on Campus Act of 2009," which will take effect in August 2010, is filled with tyrannical rules that should frighten even the most ardent supporter of anti-smoking laws.

With its poorly thought-out definition of "smoking," the law actually could punish the victims of secondhand smoke.

Part 703.6 of the act states that "'smoking' means inhaling, exhaling, burning or carrying any lighted tobacco product … and other lighted combustible plant material."

I pray UA police officers will use discretion - because the way the law is written, you could be convicted and fined up to $500 for breathing in someone else's cigarette smoke. 

For that matter, even holding a lighted match or burning charcoal (a plant material) while tailgating on campus is banned.

This isn't even the worst part. Fans of the First Amendment should be furious.

704.b reads, "An individual or campus subject to the smoking prohibitions of this section shall not discriminate or retaliate in any manner against a person for making a complaint of a violation of this section or furnishing information concerning a violation to a person, campus or governing authority." 

The phrase "retaliate in any manner" is incredibly broad and vague. What does "any manner" cover? If John tells someone he saw my brother smoking and I retaliate by de-friending John on Facebook or by writing a scathing op-ed, it seems the government could fine me $500. 

So much for free speech, free press and free association.  

How could such a horrible bill make it through the state House, Senate and even the Governor's Office? 

Well, absolutely no one from the Arkansas Legislature consulted anyone of relevance at the state's flagship university.

The chancellor was not consulted.

The Associated Student Government was not consulted.

The Residents' Interhall Congress was not consulted.

The Staff Senate was not consulted.

The Faculty Senate was not consulted.

Why on earth would anyone pass a law that directly affects the daily lives of tens of thousands of people without bothering to ask any of them?

An employee of the Governor's Office told me that the governor signs hundreds of bills and doesn't like to use his veto power unless there's an especially egregious violation of rights.

Rep. Barry Hyde wrote the bill. He has not responded to my e-mails or voice messages.

Rep. Uvalde Lindsey represents House District 88, which includes the UA campus. He also has not responded to my e-mails or voice messages.

Sen. Sue Madison represents Senate District 7, which includes the UA campus. We exchanged some e-mails, in which she notified me she has "never made it a practice to solicit opinions on any bill."

I'm pretty skeptical of government, but I never expected an elected official to come right out and admit something like that. I'm still worried that someone could represent the campus and have no idea that there was controversy about tobacco policies. 

Fortunately, Madison did admit that her interaction with student leaders has been lacking lately. She wants to meet with student government officials as soon as our elections are over.

Of course, this can't be a one-way street. Madison seemed somewhat frustrated with the lack of communication from students. Although she says that former ASG President Nate Looney had always contacted her with concerns, no one from student leadership - ASG or RIC - has contacted her on any issue during the last year.

She even started to sound a little like Jacob Holloway, writing, "Sometimes ASG leaders have been used by top administrators to just be pawns of the administration, and that was a lot of my exposure to ASG leaders - thankfully, that isn't happening lately (to my knowledge)."

Both Holloway and one other ASG presidential candidate, Jonathan Powell, have platforms that call for the recognition of the rights of both smokers and non-smokers. The RIC and the Faculty Senate have each passed legislation to the same effect. 

I'm confident that leaders from these groups can meet with Madison and other lawmakers and work out a policy that protects the liberty, safety and health of all students across the state.

When we cast our ballots this week, we need to choose ASG executives who will demand a place at the table. When issues come up in Little Rock, we need time to lobby our representatives.

Before you vote, e-mail your candidates and ask them what they plan to do.

Adam Roberts is a columnist for The Arkansas Traveler. His column appears every Monday.

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