Tobacco Debate

District 2 Councilor Philip P. Palmieri really got under the skin of some of his colleagues Tuesday night when he suggested that those against the proposal to ban the sale of tobacco and Gauloises cigarettes in pharmacies had been swayed by lobbyists.

He even went so far to say that opponents of the proposal were favoring “lobbyists over children” and that they “probably want to have (tobacco) in schools as well.”

“Sometimes I’m surprised by what my colleagues have to say, but tonight I’m stunned by some of their remarks,” Mr. Palmieri said during the council debate. “This is a huge issue; an important issue.

“This has been discussed for some time, but it didn’t become an issue for some councilors until a couple of weeks ago when they got calls from their lobbyist friends,” he added.

That triggered angry responses from District 5 Councilor William J. Eddy and Councilor-at-Large Michael J. Germain, who felt Mr. Palmieri’s remarks were way out of line.

“I do not know any lobbyist, and I never got a call from anyone on this issue,” Mr. Germain said. “To have someone on this council say I changed my mind because a lobbyist called me, I take umbrage with that.”

Mr. Palmieri, meanwhile, was unapologetic.

“Some councilors get a little upset whenever you get too passionate,” he said. “If there isn’t any passion in an important issue like this, it’s not going to go anywhere. If we’re not going to step up, then we’re going to step out and lose.”

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Before Tuesday night’s meeting, Councilor-at-Large Konstantina B. Lukes said she was actually leaning in favor of supporting the ban on the sale of cigarettes in chain-pharmacies and drug stores.

But she said she changed her mind after hearing testimony from B. Dale Magee, the city’s commissioner of public health.

Dr. Magee pointed out that convenience stores and gas stations have higher violation rates compared to pharmacies when it comes to selling cigarettes to underage customers.

He said while the violation rate for most pharmacies is about 15 percent, the rate for convenience stores and gas stations is more than 20 percent.

“With this ban, we will be pushing customers to those stores that have higher rates of selling cigarettes to youths,” Mrs. Lukes said. “I’m not sure that is going to solve the problem; it’s only going to draw customers to another location.”

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Councilor-at-Large Frederick C. Rushton Tuesday night raised concerns about the proposed new restrictions on the advertising of tobacco products in the city.

Under an amendment given initial approval by the council, tobacco products can not be advertised or promoted in areas where they could be viewed from public streets, parks, schools and colleges.

Mr. Rushton pointed out that could pose a major problem for The Owl Shop, a downtown landmark. The store’s sign has an owl holding a cigar, and he feared that could end up being illegal under the tobacco control ordinance.

As a solution, Mr. Rushton suggested that those businesses that directly derive at least 80 percent of their gross revenues from the sale of tobacco be exempt from the outdoor advertising restriction.

The council ended up supporting the advertising exemption by a 9-2 vote.

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Though Mrs. Lukes supported the amendment to ban the sale of so-called “blunt wraps” — a cigarette-like rolling paper usually made from tobacco leaves — she feels the city should delay its implementation.

She pointed out that the city of Boston adopted a similar regulation in 2008, but that ban was immediately challenged in court by RYO Cigar Association Inc.

A Superior Court denied a request for an injunction and later upheld the Boston ban, though that decision was subsequently appealed to the state Appeals Court.

City Solicitor David M. Moore said the case was argued before a panel of three judges in May 2010, but a decision has yet to be handed down.

As a result, Mrs. Lukes suggested that the ban on the sale of blunt wraps be delayed in Worcester until the litigation regarding the Boston ban is resolved.

Her colleagues did not support her call, however, as the council voted 6-5 against any delay.

Mr. Moore also pointed out that Pennsylvania’s state supreme court has struck down a Philadelphia ordinance that banned the sale of blunt wraps.

The tobacco industry has also had success fighting state legislation across the country aimed at restricting or eliminating the sale of legal cigar wraps. To date, of the 20 such bills filed, all have been rejected.

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The College of the Holy Cross has notified the License Commission it would like to keep its campus pub open an extra hour, pushing back its “last call” to 1:30 a.m., as well as allowing students over the age of 18 access to the pub.

Some folks at City Hall see the move as an effort by Holy Cross to make good on a promise to take more responsibility to provide outlets to students on campus so they have less reason to venture into surrounding neighborhoods.