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OpinionSeptember 28, 1996

To the editor: Recently two very important figures in our city, Acting Police Chief Steven Strong and Mayor Al Spradling III, acted on an issue of critical concern to the health of our community's most valuable resource: our children. The minor differences which emerged regarding the most appropriate, effective and efficient manner to implement proposed restrictions for underage use of tobacco products were minimal, as both the mayor and acting police chief chose to focus on local preventative efforts to curb tobacco use by minors. ...

Jerrell L. Driver

To the editor:

Recently two very important figures in our city, Acting Police Chief Steven Strong and Mayor Al Spradling III, acted on an issue of critical concern to the health of our community's most valuable resource: our children. The minor differences which emerged regarding the most appropriate, effective and efficient manner to implement proposed restrictions for underage use of tobacco products were minimal, as both the mayor and acting police chief chose to focus on local preventative efforts to curb tobacco use by minors. Indeed, both of these civic- and health-minded public servants appear to share a mutual concern regarding the local youth use of the tobacco menace.

Often, however, even the best of intentions designed to place comprehensive legal restrictions on youth access to tobacco products may go astray. Specifically, careful consideration must be given when considering introduction of local ordinances designed, as this one was, to stop our youths from making attempts to purchase tobacco and to prohibit youthful possession of such tobacco products. All to often the focus and burden of responsibility for such illegal sales to minors is shifted from its proper target (the stores and clerks that sell the stuff) to the kids who try to buy it.

Ideally, if all youngsters would read and apply the informational warnings found on the packages of cigarettes, there would be no checkout lines with persons under 18 having tobacco in hand awaiting purchase. Presently, however, such is certainly not the case. It is estimated that each day about 3,000 new teens start the smoking adiction. It is also known that the earlier a teen starts using tobacco, the greater the likelihood he or she will continue smoking throughout his or her lifetime.

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It appears that Cape Girardeau could demonstrate concern for its youths by: 1. Requiring licensure for all tobacco outlets. The annual fee could be minimal, covering only the costs of regulating the sales and ensuring compliance with existing regulations. 2. Judicious use of enforcement of any "no possession of tobacco products by anyone under the age of 18" regulations. For example, the ordinance might require only that all tobacco products in the possession of minors be relinquished upon request to those empowered to enforce the law. Perhaps there could be a provision for minimal fines for the most blatant repeat offenders.. The ideal is to discourage use, not to punish possession. Under no circumstances would the mere possession of tobacco serve as a basis for any other legal action or detainment following confiscation. 3. Finally, there should be regular, ongoing checks to determine the degree to which the sales to minors are occurring in our community. The costs to conduct such checks should be covered by the outlet licensing fees and the fines generated by citations served to those who do sell to minors.

We must focus on the adult sellers who make tobacco available to the youths within our community rather than the children who desire to smoke and thus emulate the smoker role models put forth in the advertising media. In only rare and selected instances would it be effective to fine the occasional youth who is a repeat offender attempting to encourage his young peers to smoke, but by in large efforts should, in my opinion, be directed toward retail licensure and regulation. Although no perfect, it would appear enforcement of required licensure for retailers would be superior to attempts to cite youthful violators. The final regulation should also specifically exempt youths participating in attempt-to-purchase surveys conducted by organized groups such as the PTA or 4-H clubs or concerned citizens from enforcement of the ordinance provisions.

JERRELL L. DRIVER

Cape Girardeau

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