[Intl-tobacco] For non-smokers, Israel is not the promised lan

[Robert Weissman]

For non-smokers, Israel is not the promised land =96 JTA News
 January 14, 2003

 Loolwa Khazzoom

 TEL AVIV =97 Sabra, an asthmatic from Tel Aviv, was at a nightclub enjoyin=
g
 live music when the man seated next to her lit up a cigarette. Unable to
 breathe and unable to speak over the loud music, Sabra gestured to the man
 to let him know that the smoke was bothering her. The man responded by
 turning toward Sabra and blowing smoke directly in her face. That=92s when
 Sabra punched him.

 Sabra, who asked that her last name not be used, is one of countless
 Israelis convinced that Israel is a staunchly pro-smoking society and that
 asking law-enforcement authorities to enforce anti-smoking laws is an
 exercise in futility. In shopping malls, banks and airports, many complain=
,
 even law-enforcement officials flaunt clearly posted no-smoking rules.

 Jerusalemite Charlotte Herman recalls talking to a guard at the Interior
 Ministry who was smoking directly beneath a no-smoking sign. =93When I sho=
wed
 him the sign, he claimed it referred to the 1-inch space beneath it,=94 He=
rman
 says. =93He said that where he was standing, 2 inches away, smoking was
 allowed.=94

 The battle between smokers and non-smokers has become so heated in Israel
 that fisticuffs sometimes occur. Dov Rabinowitz, director of the national
 committee against public smoking, Ma=92avak B=92Tabak =97 =93Struggle Agai=
nst
 Tobacco=94 =97 recalls an incident where a doctor was attacked after askin=
g a
 hospital visitor not to smoke.

 According to Israel=92s Health Ministry, almost 30 percent of Israelis are
 smokers; in development towns, which typically are poorer, the number is
 closer to 50 percent. Between 8,000 and 11,000 Israelis die each year from
 causes directly related to smoking, and about 1,000 to 1,500 are killed by
 second-hand smoke.

 Officially, Israeli law mandates that all places of employment =97 includi=
ng
 stores, movie theaters and cafes =97 must post signs informing customers t=
hat
 smoking is not allowed. Business owners may create designated smoking area=
s
 that take up no more than one-quarter of the business area. Businesses and
 customers flaunting the rules may be fined.

 Smokers insist that anti-smoking laws are enforced every day all around
 them. =93This law has turned smokers into a persecuted minority,=94 cries
 Angela Ben Tsvi, waving her cigarette as she speaks. =93It violates my
 personal rights. It violates my right to free expression. I feel like a
 criminal when I smoke in a cafe. I always have to look around me to see
if I
 can light up. It=92s very unpleasant.=94

 Ruth Ben David agrees. =93I enjoy holding a cigarette in my hand,=94 she s=
ays,
 smoking outdoors at Tel Aviv=92s Espresso Bar. =93I enjoy the nicotine and=
 I
 enjoy the inhalation. If I pay $20 for lunch, I want to enjoy it. I
want to
 be able to smoke my cigarette and finish it. I shouldn=92t be denied that
 right.=94

 Ben David complains that she is forced outside during hot summers and cold
 winters if she wants to light up. Rinat Laufmann, another smoker at
 Espresso Bar, says businesses should choose whether to allow smoking or
 whether to be entirely smoke-free, allowing smokers to choose which
 establishments to patronize.

 Mati Gudiner, one of many smokers enjoying a cigarette at a caf=E9 at
 Dizengoff Center, a popular Tel Aviv mall, asked the waitress if
smoking was
 permitted before she lit up at a table in the mall=92s walkway. =93I guess=
 they
 just don=92t really care=94 about irritating nonsmokers, Gudiner says, ges=
turing
 around her. =93Case in point: ashtrays on all the tables.=94

 Though she is a smoker, Gudiner says the government needs to insist on
 enforcing the anti-smoking law. =93I think it=92s just an issue of getting=
 used
 to it, as with every new thing,=94 she says. =93It=92s difficult to introd=
uce this
 law after people were allowed to smoke for so long. It was the same in New
 York and in Sydney. It was hard; people were used to smoking. But as
soon as
 they made it a law, there was nothing to do about it.=94

 In Israel, however, where authorities are lax about enforcing the law,
 no-smoking rules have taken longer to catch on. The lack of social pressur=
e
 in Israel against smoking has helped keep alive a culture of tolerance
 toward smokers. Caf=E9, restaurant and bar owners say it=92s impossible to=
 get
 Israelis to stop smoking, regardless of the law.

 Anti-smoking crusader Rabinowitz disagrees: Citing the effective campaign
 that banned smoking on buses, he says it=92s a matter of resources. =93Man=
y bus
 drivers were under the impression that they would be fined if they allowed
 smoking on buses. Whether or not that was the case, that was what they
 believed. Within two months, there was no more smoking on buses,=94 he say=
s.

 Urban legend has it that when one bus driver encountered a rider who refus=
ed
 to put out a cigarette, the driver drove the bus straight to the nearest
 police station. The problem is that business owners, by contrast, have no
 incentive to risk customers=92 ire and demand that they refrain from smoki=
ng,
 since the government does little to enforce smoking penalties in places of
 business, Rabinowitz says.

 In Israel=92s capital city, city inspectors are responsible for issuing
 tickets for no-smoking violations, Rabinowitz says he was informed by a
 spokesman for the Jerusalem municipality, Ayal Chaimovsky. Chaimovsky told
 Rabinowitz that, due to budget cuts, inspectors don=92t go out on patrols =
but
 act only when complaints are registered.

 After meeting with Chaimovsky, Rabinowitz decided to test the system. He
 went to a nearby shopping mall, called the municipality to report that
 numerous people were smoking next to no-smoking signs and was met with
 befuddlement. =93The person who answered didn=92t even know what law I was
 talking about,=94 Rabinowitz says. =93She said, =91We don=92t respond to c=
all-in
 complaints, only written complaints.=92 I said, =91I just came from a meet=
ing
 with your boss, who said you only respond to call-in complaints.=92 =94

 Gidi Shmerling, a spokesman for the municipality, said, =93The Jerusalem
 municipality does enforce the no-smoking laws. For example, smoking is
 prohibited in the municipality building, there are specially designated
 smoking areas and tickets are issued to smokers who are not in permitted
 areas, or are in public areas where it is prohibited.=94

 Rabinowitz says a male inspector arrived at the mall about 20 minutes afte=
r
 his phone call, flirted with a group of female smokers and then asked them
 to put out their cigarettes. The inspector didn=92t dispense any tickets.
 Rabinowitz repeated the test several times at other locations, and when he
 did not invoke his professional capacity in phone calls, no inspectors
 showed up.

 For the past few months, Ma=92avak B=92Tabak has tried a new tactic to enc=
ourage
 Jerusalem to enforce the smoking laws. =93We have a private donor ready to
 fund these inspectors that the municipality supposedly has no budget for,=
=94
 Rabinowitz says. =93We also have volunteers ready to send in reports, to b=
e
 the eyes and ears.=94

 Government officials tell him that there are legal complications
involved in
 taking a private donation, he says. Shmerling said there are legal
 restrictions involved with accepting donations to enforce specific laws.

 However, he said, =93If a donation comes in at a specific amount, and the
 goals the donor seeks are set down, the municipality=92s legal counsel is
 prepared to examine the opportunities to use this donation proactively
 regarding the subject of enforcing the smoking laws in the city.=94 Until =
the
 issue is resolved, it seems the only clear thing is that the City of Gold
 will remain the city of smoke.