THE "RULE OF THE POWERFUL", NOT THE "RULE OF LAW"

The rule of law???
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We live NOT under the "rule of law", but rather under the "rule of Big Tobacco". It is Big Tobacco that decides when to enforce or avoid "the rule of law".

The people who control the State of Washington have decided to "surrender", rather than protect the public health. For these "pro-tobacco" people, public health is a class war, where only state and office employees are deserving of protection.

I am in the midst of a lawsuit seeking to have the State of Washington enforce "the rule of (public safety) law" across class lines. You can help.

Contrary to State Law, our law enforcers made the tobacco hazard a CLASS ISSUE. They protect only certain classes of employee and prefer to collect money for the damages to all other working people.

The truth of the matter is under existing state & federal laws, it is illegal to smoke in ANY workplace.

Under WISHA, the State MUST eliminate the hazard BEFORE the damage occurs.

The language is simple enough for a child to understand, the following is a brief rundown:

In 1970, Congress passed the worker safety law, the Occupational Safety and Health Act (OSHA), 29 USC 651-678.
The Congress finds that personal injuries and illnesses arising out of work situations impose a substantial burden upon, and are a hindrance to, interstate commerce in terms of lost production, wage loss, medical expenses, and disability compensation payments.

The Congress declares it to be its purpose and policy, through the exercise of its powers to regulate commerce among the several States and with foreign nations and to provide for the general welfare, to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources...

Public Law 91-596, 91st Congress, S. 2193, December 29, 1970 amended on July 15, 1998, or 84 STAT. 1590
1973: The State of Washington did likewise.

The [Washington State] legislature finds that personal injuries and illnesses arising out of conditions of employment impose a substantial burden upon employers and employees in terms of lost production, wage loss, medical expenses, and payment of benefits under the industrial insurance act. Therefore, in the public interest for the welfare of the people of the state of Washington and in order to assure, insofar as may reasonably be possible, safe and healthful working conditions for every man and woman working in the state of Washington, the legislature declares its purpose by the provisions of this chapter to create, maintain, continue, and enhance the industrial safety and health program of the state...This act shall be known and cited as the Washington Industrial Safety and Health Act of 1973.

Public Law 91-596, 84 Stat. 1590, or RCW 49.17.010 et seq.
1986: Contrary to the mandate of WISHA to provide for ALL working people...

NOW, THEREFORE, I, Booth Gardner, Governor of the State of Washington, by virtue of the power vested in me, do hereby direct agencies to eliminate smoking in all state facilities and buildings and state vehicles in order to provide a smoke-free, healthful environment for Washington State citizens and employees.

Executive Order 88-06

He disregarded the legal duty to protect private sector workers

1994: Contrary to the mandate of WISHA to provide for ALL working people...

The Director of the Department of Labor and Industries, Mark O. Brown signs Administrative Order of Adoption No. 93-18 establishing "controls" on smoking in offices.
1996: Contrary to the mandate of WISHA to eliminate the hazard BEFORE the injury occurs, the State of Washington defies state law and maintains the hazard, then through Attorney General Christine O. Gregoire sues the Tobacco Industry, citing:

... Department of Labor & Industries ("L&I"), as trustee for the Workers Industrial Insurance Program, must assess higher premiums as a result of work- related injuries that are aggravated due to tobacco use by some workers.

State of Washington vs. American Tobacco Co, Inc., et. al., NO. 96-2-15056-8 SEA.96-2-15056-8 SEA
1998: Victor Eskenazi asks the State of Washington to enforce the law that protects ALL working people from the tobacco hazard through the enforcement of WISHA. For well over a decade, many people have made this request.

SUE US! the reply from Peter J. Helmberger, Assistant Attorney General answering for Attorney General Christine O. Gregoire and the State of Washington.

Attorney General Christine O. Gregoire becomes LawMaker Christine O. Gregoire. Her "negotiated settlement" bypasses public comment, bypasses the referendum process and bypasses the legislative process to quickly and quietly become state law.

October 26, in accord with the State's insistence, sue us or we won't enforce the law equally, protecting only certain classes of private workers, the Complaint against the State of Washington is filed in the Superior Court for the County of King, case no. 98-2-24681-2KNT.

In essence, I have been become a "private attorney general" seeking enforcement of this safety law to protect ALL working men and women by eliminating the hazard from the workplace.

Unlike Christine O. Gregoire, I do not receive payment for this. I also do not have a legal staff. I am seeking support.

How you can help:

Publicize this lawsuit.

The State of Washington is fighting FOR:
the Tobacco Industry
promoting class distinctions in the work place

The State of Washington is fighting AGAINST:
state law
a safe workplace.

Publicize this web site. Distribute the URL (address)widely. Write letters to your lawmakers, and the news media.

Sign & send a "Friend of the Court" petition in support of this lawsuit. Use your own words & experiences.

I am looking for legal counsel.

Write letters to Governor Gary Lock
Legislative Bldg./P.O. Box 40002
Olympia, WA 98504-0002
governor.locke@governor.wa.gov
(please cc: tobacco-leaf@oocities.com)

It appears that the American Lung Association agrees that the Tobacco Industry settlement "does too little to protect public health and too much to protect tobacco industry profits ". See the Statement of John R. Garrison, CEO, American Lung Association dated November 16, 1998.

The State's show can be seen at: http://www.wa.gov/ago/tobacco/.

I can be reached at tobacco_leaf@oocities.com

Thank you,

Victor Eskenazi