FOURTH WORLD CONFERENCE ON NONSMOKERS’ RIGHTS

The Fourth World Conference on Nonsmokers’ Rights was held in Washington, DC on April 7-8, 2006.  It was by far the largest, most diverse, and most successful of the three world conferences on nonsmokers’ rights sponsored by the Flight Attendant Medical Research Institute [FAMRI] – despite several major problems which, although eventually overcome, kept it from reaching its full potential this year [more on these problems later].  

However, the most important achievement of the Conference was that a number of participants were able to report back about how what they had seen and heard at an earlier FAMRI-sponsored world conference had inspired and emboldened them to go back to their own campuses – and, in a few situations for the foreign visitors, to their home countries – and actually undertake new successful nonsmokers’ rights projects.  In short, the major objectives of the contest and conference
to encourage innovative actions to protect and advance the rights of nonsmokers, are being accomplished.

The Fourth World Conference was attended by a record number of law students from U.S. and Canadian law schools who were finalists in a major contest to originate, research, and present new and novel ways to use legal action to protect and expand the rights of nonsmokers.  Each of the finalists – and there were also a record number of contest entries – was given an opportunity to present his or her proposal to the Conference in a plenary session where it was briefly discussed, and each students then had an opportunity to respond to questions and comments.

In an effort to further inspire the law students, and to encourage established nonsmokers’ rights organizations to make more effective use of legal action in protecting the rights of nonsmokers, a separate contest was also held at which practicing activist attorneys could present their own ideas, and then have them discussed by the entire assembly.  As an interesting twist, while the contest among the law students was judged by a panel of distinguished experts, the law students were asked to judge the best new idea presented by a legal activist.

One of the major highlights of the Conference was a very lively panel of representatives from more than half a dozen foreign countries who each described the problems nonsmokers (both residents and visitors) faced in their country, and what progress was being made, both generally and under the impetus of the newly-adopted Framework Convention on Tobacco Control [FCTC].  In several cases the representatives described how they had been inspired by one of the earlier FAMRI-sponsored world nonsmokers’ rights conferences to return to their own country to see if the US-type of activist approach could be equally successful.  In several cases it was, and nonsmokers are now reaping the benefits in those countries.   In several where the legal action wasn't successful in court, it nevertheless helped to generate publicity and attract public support for the nonsmokers’ rights cause in that country – a foundation upon which the organization could later try to build.

This year a new feature was added to the Conference.  Two presenters, and a lively discussion which ensued, explained to the attendees how a very important but largely underutilized legal action could be very effective in helping nonsmokers.  The Americans With Disabilities Act [ADA] 
–  under which people sensitive to tobacco smoke may be classified as “persons with disabilities” who are then entitled to a “reasonable accommodation” to ensure that they enjoy equal access  was explained and illustrated with actual examples of successful actions on behalf of nonsmokers.

The attendees also learned that a very new international treaty designed to protect people with disabilities has just come into force, and that it incorporated much of the same language and principles as the ADA.  This means that, beyond its utility in the U.S., the ADA and the precedents being established under it for nonsmokers’ may soon have application around the world, especially if information about these important developments can be effectively transmitted to nonsmokers’ rights activists both here and abroad.

As they had at past conference, representatives from FAMRI helped to inspire both law students and seasoned veterans alike by describing some of the progress they have helped to achieve, and some of the interesting and promising projects FAMRI is now funding.  Another very interesting aspect of the Conference was an opportunity for the participants to discuss and debate what new frontiers or battlegrounds should we as activists try to open for nonsmokers.  For example, should we:
■ build upon growing concern about global warming to stress how much tobacco – including growing and processing –  needlessly adds to greenhouse gases;
■  stress the very serious adverse impact secondhand tobacco smoke has on pets, and consider the possible application of animal protection laws;
■ try to expand the need to protect young children from tobacco smoke beyond custody disputes and foster children where it is already being established to the adoption system;
■  support banning all smoking in all cars as a means for reducing traffic accidents;
■ concentrate on the litter problem caused by smoking in arguing for smoking bans (e.g., on beaches), etc. 
Established antismoking activists were able to share their experiences with law students who, of course, were able to bring a fresh perspective and a new insight from the upcoming generation to these discussions.


As noted above, the Conference was amazingly successful despite several major problems.  The first was that, due to inadvertence by the person responsible for maintaining the contest web site and related Internet matters, the web site was initially not updated from 2006 to alert visitors that a new contest and a new conference was going to be held for 2007.  This was compounded by a related problem which rendered the old email address for the contest noted on the web site inoperable.  

As a result, many law students who had heard about the contest went to the web site and apparently concluded that the contest was no longer being held.  Those who were curious enough to try sending an email to the contest email address found it returned to them with no response – thereby presumably reinforcing the idea that the contest was no longer being held in 2007.  Once these twin problems were discovered and corrected, the organizers send out emergency letters and emails to deans, writing instructors, and other key people at all of the American and Canadian law schools.  Thus a record number of students still participated – but the response would have been much larger had these problems not occurred.

Still another problem was that the date for the Conference was chosen to correspond to the expected peaking of Washington’s world famous cherry blossoms.  This way law students and other participants would have, as an additional incentive to participate in the contest and conference, an opportunity to see these blossoms for themselves.  Unfortunately, the weekend chosen to coincide with the predicted cherry blossom peaking was – inadvertently – also Easter weekend.  

Unfortunately, this fact was not discovered until after arrangements had been made with the law school where the Conference is held to reserve the very popular rooms where the events were to take place.  Once the problem was discovered, it was too late to change the reservations for another weekend.  Thus, while this Conference enjoyed a record turnout, the turnout almost certainly would have been much greater if  participants were not required to attend on such an important and widely celebrated  holiday.

In summary, the contest and Conference were overwhelmingly successful, and produced clear evidence that its educational impact is having the desired effect: encouraging law students, US-based attorneys, and activists from other countries to use legal action and other activist techniques to fight for nonsmokers' rights.
It was by far the largest, most diverse, and most successful of the three world conferences on nonsmokers’ rights sponsored by the Flight Attendant Medical Research Institute [FAMRI].  Undoubtedly, it would have been even more successful if several mistakes had not been made.  Fortunately, these mistakes will not be repeated, and the organizers are learning from every conference, establishing a name and reputation, and developing contacts and techniques which could lead to even more successful world conferences in the future.



 SCHEDULE & AGENDA


FRIDAY EVENING [in the FACULTY CONFERENCE CENTER*]:
    07:30-09:00 Get-together DINNER, Some Introductions, and Initial registration [90 min]

SATURDAY MORNING [in the MOOT COURT**]:

■ 09:00-09:30 BREAKFAST and final registration (registration closes at 09:30 SHARP)

■ 9:30-9:45 Welcome, by Elizabeth A Kress, Executive Director of FAMRI

■ 9:45-10:15 Opening Remarks and Saturday Keynote, by Law Professor John Banzhaf

■ 10:15-11:15 PANEL ONE – Law Student Presentations

■ 11:15-11:30 BREAK

■ 11:30-12:30 PANEL TWO – Law Student Presentations

■ 12:30-12:55 New Developments, New Directions, New Problems
    
SATURDAY MIDDAY [UPstairs in the FACULTY CONFERENCE CENTER*]

■ 01:00-02:00 LUNCH with luncheon presentation

SATURDAY AFTERNOON [DOWNstairs in the MOOT COURT**]

■ 2:00-2:15 Employment Opportunities in Nonsmokers’ Rights, by Law Professor John Banzhaf

■ 2:15-3:15 PANEL THREE – Law Student Presentations

■ 3:15-3:30 BREAK

■ 3:30-4:30 PANEL FOUR – Student Presentations

■ 4:30-5:30 PANEL FIVE – Presentations by Activists

■ 5:30-6:00 Using the ADA to Protect Nonsmokers, by Jack Cannon and Prof. John Banzhaf


SUNDAY MORNING [in the MOOT COURT**]

■ 09:00-09:30 BREAKFAST

■ 09:30-10:00 Sunday Keynote by FAMRI

■ 10:00-11:30 PANEL SIX – International and World Wide Nonsmokers’ Rights

■ 11:30-11:45 Announcement of Winners & Presentation of Awards

■ 11:45-Noon Closing Remarks, by Law Professor John Banzhaf

■ Noon-1:00 OPTIONAL (box) LUNCH, with open mike discussion/forum

* The FACULTY CONFERENCE CENTER, where the initial Friday night dinner and the Saturday luncheon will be held, is located on the FIFTH (5) floor of the Jacob Burns Library Building in the Law School complex.
To get there, please enter through the main entrance at 2000 H St [on H Street] and go directly ahead [South] until you cannot proceed any further. On your right will be the law library.
Take the elevator just outside the law library -- not the one in the middle of the law school complex-- to the FIFTH [5th] floor.
On exiting, take an immediate right to enter the Faculty Conference Center after passing by male and female rest rooms.

** The MOOT COURT, where the remainder of the Conference will be held -- including the Saturday and Sunday breakfast, and the box lunch on Sunday -- is located on the ground floor of the Lerner Hall, 2000 H Street, NW, Washington, DC. It is part of the main Law School complex.
To get there, please enter through the main entrance at 2000 H St [on H Street] and take an immediate right. After passing a male rest room, you will enter through the main door to the Moot Court. Just outside the other door from the Moot Court is a female rest room.

CONTACT INFO: Prior to the beginning of the Conference  – i.e., before 6 PM on 4/6/07 –  you can reach Conference personnel by calling (202) 659-4312 or at info@nosmokingcontest.org
During the Conference, call (202) 360-8640 or (703) 966-6973.