ALBUQUERQUE — The leader of the Navajo Nation on Thursday vetoed a measure that would have
banned smoking and chewing tobacco in public places, resulting in strong criticism from lawmakers and
health advocates.
Tribal President Joe Shirley Jr. said he rejected the measure because he feared it would infringe on
religious ceremonies and inhibit gambling revenue. He also said the measure didn't focus enough on
underage smoking.
Shirley said in his veto message that the law "is unreasonably broad, unenforceable, provides no
administrative appeal process, puts the nation at a competitive disadvantage and fails to address the
real problem on the Navajo Nation of underage smoking."
Tribal lawmakers approved the ban during their session last month in the Navajo capital of Window
Rock, Ariz. Shirley had 10 days to consider the measure.
The ban would have prohibited smoking and chewing tobacco in public buildings and shared public air
space, but it would not have affected tobacco used in ceremonies for traditional or religious purposes on
the reservation, which encompasses parts of Arizona, New Mexico and Utah.
Supporters, including the American Cancer Society, said they hope to work with tribal lawmakers to
override Shirley's veto.
Shirley argued that the law was ambiguous about the type of tobacco that would be allowed for use in
bona fide religious ceremonies, leaving the practitioners and those attending the ceremony liable.
The president also said the ban would put planned Navajo casinos at a disadvantage that could result in
lost revenues and fewer jobs in the tribe's new gaming initiative. Other tribal casinos in New Mexico allow
smoking.
Shirley said he would work with the legislation's sponsors to develop a law that addresses the problem of
underage smoking while not infringing upon religious ceremonies or affecting the tribe's casino
revenues.

"The Navajo Nation has stepped forward and put the health of our people first," Nez Henderson said.
"We're the third tribe in the country to go tobacco free. All the other tribes had eyes on us today, all this
week, nationally and internationally.
"I think about our children," she said. "When 38 percent of our youth is smoking, we know it's a problem."
"We're still really excited but understand there's a lot of work to be done," said Peter Nez, program
manager for Southwest Navajo Tobacco Education Prevention Project. "We work with the communities,
so we're getting the word out to the 110 (chapters) to tell them to call the president's office to tell him to
sign the bill."
"It will impact all of Indian Country," he added.
Leland Fairbanks, a former IHS Navajo region physician and current president of Arizonans Concerned
About Smoking, said the impact would be felt on an even larger scale.
"If signed by the president, this will be the most comprehensive commercial tobacco resolution in
America," Fairbanks said. "Every medical group in America has been advocating something like what
has now been passed by the Navajo Nation. This will probably save more lives than getting a dozen new
doctors (to the reservation)."


Public Health in Boston and Columbia University in New York, who led the study, said in a telephone
interview.
The study involved 16,225 people aged 50 and up who had never had a stroke. They were followed for
an average of nine years.
Glymour said there is accumulating evidence about the number of health problems linked to
secondhand smoke.
Previous research had suggested that secondhand smoke increases the risk of stroke, but Glymour
said stroke risk has been studied more extensively in smokers than in people exposed to secondhand
smoke.
People who breathe in secondhand smoke also have a higher risk of lung cancer, nasal sinus cancer,
respiratory tract infections and heart disease, among other conditions.
A 2006 U.S. surgeon general's report said secondhand smoke contains hundreds of chemicals known
to be toxic or cancer-causing. These include formaldehyde, benzene, vinyl chloride, arsenic, ammonia
and hydrogen cyanide.
For this study, smoking involved cigarettes and not pipes or cigars. It looked at health consequences
for the spouses of smokers, but not at the long-term stroke risk in children of smokers due to
secondhand smoke.
"We know that there are a lot of undesirable health consequences for kids, especially asthma and
breathing problems that are exacerbated by secondhand smoke," Glymour said.
WINDOW ROCK, June 26, 2008
After the sweeping anti-tobacco campaigns of the '90s, is tobacco use still a big problem?
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Last Website Update 08/16/08
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By: Greg Fairbanks, ACAS Trustee and Newsletter Editor
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ACAS Winter 2007/2008 Bulletin
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Anti-tobacco supporters cite health, teen use
According to the Navajo Nation's Division of Health and a number of local organizations, it is. And they
are pushing the Navajo Nation Council to pass a tobacco-free act during its summer session later this
month.
It should be noted from the outset that the advocates, and the legislation sponsored by Delegate
Thomas Walker Jr. (Birdsprings/Leupp/Tolani Lake), make a distinction between the native plant used in
traditional ceremonies of many tribes and the smokes, chew and snuff peddled by tobacco companies.

The act would prohibit the use of commercial tobacco
in public places, places of employment - including
casinos - and private vehicles when children are in
the vehicle. It will not affect the use of traditional
tobacco used in Navajo ceremonies.
Laws to prohibit tobacco use in public places are
primarily aimed at reducing exposure to secondhand
smoke, now recognized as a serious public health
threat. But the debate inevitably focuses attention on
the users.
And on the Navajo Nation, the highest percentage of
users are young - many too young to buy tobacco
legally.
Leland Fairbanks, left, president of Arizonans Concerned
About Smoking, and Peter Nez, program manager with the
Southwest Navajo Tobacco and Education Prevention
Project, are thankful for a unanimous vote by the Ethics and
Rules Committee to present their proposal for a smoke-free
reservation to the Navajo Nation Council during the summer
session, which begins July 21.
In 2005, 36 percent of Navajo high school students reported current use of cigarettes, according to
survey data collected by the Division of Health. Compare that figure to the national average of 19.7
percent and there is a problem, said Dr. Patricia Nez Henderson, an adviser to the coalition of public
and private entities seeking passage of the tobacco-free act.
"These rates are very startling," Nez Henderson said in a phone interview from Rapid City, S.D., where
she is vice president of the Black Hills Center for American Indian Health.
"If we're talking about a third of the youth population smoking - that's outrageous! Fourteen to 20 years
down the road they'll develop cancers that we're not familiar with: lung, bladder, cervical, and stomach
cancer," she said.
Their children and family members, meanwhile, are being exposed to secondhand smoke and face
increased risks for a host of health problems, as well.
The new norm
Historically, the Navajo Nation had far lower than average rates for tobacco-related disease because
smoking, in particular, was rare. Among Navajos who identified themselves as smokers, the rate of use
was far lower than in the U.S. as a whole, according to federal surveys dating back to the 1970s.
But as Navajo teens are increasingly exposed to mainstream culture, tobacco use is seen by many as
cool.
Nez Henderson, who is originally from Teesto, Ariz., urged Navajos not to be passive about teen tobacco
use.
"(Teen smoking) has become acceptable to
the community, we accept it as normal," she
said. "When Navajo youth are either
chewing or smoking we don't take a second
look anymore. It's become normal for us.
"As a physician this is not the norm," Nez
Henderson said.
As far back as 1994, National Institute on
Drug Abuse studies began ranking tobacco
as more addictive than heroin. While its
ranking among addictive substances is
debated, Nez Henderson said, "When
addiction has become part of the norm, then we have a problem."
Peter Nez (no relation to Nez Henderson), program manager of Southwest Navajo Tobacco Education Prevention Project, agreed that the Navajo Nation must see the issue of tobacco use on the reservation as a priority in health.
"Until we realize the damage to the kids (resulting from tobacco use) we won't address the issue," Nez said, pointing to other problems for teen smokers.
"Smoking is associated with alcohol use, domestic abuse, teen pregnancy, and poverty," he said. "It's going to take everyone working together to solve this problem. Policy is one way of doing that."
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Thanks to Navajo Dr. Patricia Nez-Henderson for bringing this article to our attention.
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Secondhand smoke seen to raise spouse's stroke risk
Nonsmokers married to smokers have a greatly increased chance of having strokes, according to a U.S.
study published on Tuesday showing yet another hazard from secondhand smoke.
Being married to a smoker raised the stroke risk by 42 percent in people who have never smoked
compared to those married to someone who never smoked, the researchers said.
This jumped to 72 percent for former smokers married to a
current smoker, according to the study published in the American
Journal of Preventive Medicine.
Former smokers who were married to smokers had a stroke risk
similar to people who themselves were smokers.
"Quitting smoking helps your own health and also the health of
the people living with you," Maria Glymour of Harvard School of
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Supporters celebrate passage of tobacco-free act
WINDOW ROCK, July 31, 2008
Diné youth, armed with anti-tobacco pamphlets, billboards, cards, and information, assembled outside
the council chambers last Friday to support the Tobacco-Free Act Of 2008, which was passed with a
vote of 42-27.
"This is a historical landmark for the Navajo
Nation, the fact that we are creating a safer,
happier environment for our people," said
Patricia Nez Henderson, adviser to the
coalition of public and private entities
backing the legislation.
"As a physician, this is what I've been
advocating for many years," she said.
"Since 1964, when the first surgeon general
gave his report, we knew (tobacco use) was
detrimental," she said. "It is deadly when you
smoke and that smoke gets to the people
next to you."
"(This act) addresses the right of
nonsmokers who are subject to secondhand
smoking," said sponsor Thomas Walker, Jr.
(Birdsprings/Leupp/Tolani Lake) chairman of
the Health and Social Services Committee.
The Honorable Joe Shirley, Jr., Navajo Nation President, has a history of opposition to commercial tobacco use on reservation.
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President Joe Shirley Jr. has 10 days to sign or veto the legislation.
If signed the act would ban commercial tobacco use in all public places including casinos. Debate centered on amendments that would exempt casinos and chewing tobacco from the ban. In the end, however, the council passed the Tobacco-Free Act with no amendments.
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Navajo president vetoes strict curbs on tobacco use