Sun, Jul 05, 2009

Arizona / West

Navajo president vetoes strict curbs on tobacco use

By Susan Montoya Bryan
The Associated Press
Tucson, Arizona | Published: 08.08.2008
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.