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OP-ED: Why the New York City Council Proposal to Ban Menthol Cigarettes is Wrong

NNPA NEWSWIRE — “Seventy-eight percent of the cigarettes consumed in the Black community are menthol-flavored. As the selling of menthol products become prohibited within Black communities, do we honestly believe that people will stop smoking them? It doesn’t take the brilliance of Albert Einstein to recognize the financial opportunity of smuggling in a new supply of menthol products from another state or country. The perfect smuggling model is already in place that of smuggling lower-taxed cigarettes.” — Major Neill Franklin (Ret.), Executive Director of the Law Enforcement Action Partnership (LEAP)

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Major Neill Franklin (Ret.), Executive Director of the Law Enforcement Action Partnership (LEAP)

Major Neill Franklin (Ret.), Executive Director of the Law Enforcement Action Partnership (LEAP)

By Major Neill Franklin (Ret.), Executive Director of the Law Enforcement Action Partnership (LEAP)

I dedicated 34 years of my life to public safety, enforcing the laws that our legislators placed before me. That’s what cops do, and we trust that those laws are well thought out, studied and based upon sound data and evidence. Later in my career, I realized that this is not always the case, as some of our laws have little to do with sound evidence and are emotionally driven by feel-good politics. That’s why I hung up my badge to advocate for sound public policy as the Executive Director of the Law Enforcement Action Partnership.

Recently, the emotional tobacco topic has drawn my attention. As cigarette taxes soar, like those from California’s Proposition 56 where taxes rose from 87 cents to $2 per pack, so do black markets that fund criminal gangs and crews. Prior to the passing of Proposition 56, a third of California’s cigarette sales came by way of the black market. Now with a $2 per pack tax, that percentage will certainly increase and the localized banning of menthol-flavored cigarettes will help to drive this number even higher.

The raising of taxes and banning of menthol-flavored smokes begins a very dangerous move to the days of alcohol prohibition, when it wasn’t illegal to drink alcohol, but it was criminal to manufacture, transport and sell it. Driven underground, the alcohol industry fueled violent crime and corruption while making very little difference in the consumption of alcohol. As we begin to mirror the days of alcohol prohibition with tobacco bans, expect the violence and corruption that comes with the black market and add something else, the over criminalization of the black community.

Seventy-eight percent of the cigarettes consumed in the Black community are menthol-flavored. As the selling of menthol products become prohibited within Black communities, do we honestly believe that people will stop smoking them? It doesn’t take the brilliance of Albert Einstein to recognize the financial opportunity of smuggling in a new supply of menthol products from another state or country. The perfect smuggling model is already in place that of smuggling lower-taxed cigarettes.

Because of high cigarette taxes in New York City, smuggled cigarettes make up 58% of all cigarette sales and the New York City Sheriff’s Office has created a special taskforce to fight the unwinnable battle of crushing this smuggling market. As the black market expands in California, expect a similar enforcement action by California law enforcement. Their orders will be to arrest the smugglers and eliminate the black market. Will it be carried out in affluent California, or will war be waged in poor Black communities?

I was once on the front lines of a similar war where the Black community caught the brunt of enforcement. We know it as the failed war on drugs. Will this be a third attempt of the twice-failed public policy of prohibition, or will we defeat the harms of tobacco consumption with the proven methods of education and treatment? I vote for the latter.

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Activism

Oakland Post: Week of April 17 – 23, 2024

The printed Weekly Edition of the Oakland Post: Week of April 17 – 23, 2024

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Commentary

Opinion: Surviving the Earthquake, an Eclipse and “Emil Amok.”

Last Friday, a 4.8 magnitude earthquake shook New York City, reported as the “biggest earthquake with an epicenter in the NYC area since 1884” when a 5.2 quake hit. A bit bigger. The last quake similar to Friday’s was a 4.9 in 1783.Alexander Hamilton felt it — 241 years ago. That’s why New Yorkers were freaking out on Friday. They were in the room where it happens.

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In New York City, the eclipse was about 90 percent visible. Good enough for me. Though a full solar eclipse is a celestial rarity, blockages of any sort aren’t generally celebrated. My one-man play is about growing up with the eclipsed history of American Filipinos and how I struggle to unblock all that.
In New York City, the eclipse was about 90 percent visible. Good enough for me. Though a full solar eclipse is a celestial rarity, blockages of any sort aren’t generally celebrated. My one-man play is about growing up with the eclipsed history of American Filipinos and how I struggle to unblock all that.

By Emil Guillermo

I’m a Northern Californian in New York City for the next few weeks, doing my one-man show, “Emil Amok, Lost NPR Host, Wiley Filipino, Vegan Transdad.”

I must like performing in the wake of Mother Nature.

Last Friday, a 4.8 magnitude earthquake shook New York City, reported as the “biggest earthquake with an epicenter in the NYC area since 1884” when a 5.2 quake hit. A bit bigger. The last quake similar to Friday’s was a 4.9 in 1783.

Alexander Hamilton felt it — 241 years ago.

That’s why New Yorkers were freaking out on Friday. They were in the room where it happens.

And it just doesn’t happen that often.

Beyonce singing country music happens more frequently.

When I felt New York shake last week, it reminded me of a time in a San Francisco TV newsroom when editors fretted about a lack of news an hour before showtime.

Then the office carpeting moved for a good ten seconds, and the news gods gave us our lead story.

On Friday when it happened in NYC, I noticed the lines in the carpeting in my room wiggling. But I thought it was from a raucous hotel worker vacuuming nearby.

I didn’t even think earthquake. In New York?

I just went about my business as if nothing had happened. After living near fault lines all my life, I was taking things for granted.

Considering the age of structures in New York, I should have been even more concerned about falling objects inside (shelves, stuff on walls) and outside buildings (signs, scaffolding), fire hazards from possible gas leaks, and then I should have looked for others on my floor and in the hotel lobby to confirm or aid or tell stories.

Of course, as a Californian who has lived through and covered quakes in the 4 to 6 magnitude range, I tried to calm down any traumatized New Yorker I encountered by taking full responsibility for bringing in the quake from the Bay Area.

I reassured them things would be all right, and then let them know that 4.8s are nothing.

And then I invited them to my consoling post-Earthquake performance of “Emil Amok, Lost NPR Host…”

It was the night of the eclipse.

ECLIPSING THE ECLIPSE

In New York City, the eclipse was about 90 percent visible. Good enough for me.  Though a full solar eclipse is a celestial rarity, blockages of any sort aren’t generally celebrated. My one-man play is about growing up with the eclipsed history of American Filipinos and how I struggle to unblock all that.

For example, did you know the first Filipinos actually arrived to what is now California in 1587? That’s 33 years before the Pilgrims arrived in America on the other coast, but few know the Filipino history which has been totally eclipsed.

I was in Battery Park sitting on a bench and there was a sense of community as people all came to look up. A young woman sitting next to me had a filter for a cell phone camera.  We began talking and she let me use it. That filter enabled me to take a picture of the main event with my iPhone.

For helping me see, I invited her and her boyfriend to come see my show.

Coincidentally, she was from Plymouth, Massachusetts, near the rock that says the year the Pilgrims landed in 1620.

In my show she learned the truth. The Pilgrims were second.

History unblocked. But it took a solar eclipse.

Next one in 2044? We have a lot more unblocking to do.

If you’re in New York come see my show, Sat. April 13th, 5:20 pm Eastern; Fri. April 19, 8:10 pm Eastern; and Sun. April 21st 5:20 pm Eastern.

You can also livestream the show. Get tickets at www.amok.com/tickets

About the Author

Emil Guillermo is a journalist and commentator. He does a mini-talk show on YouTube.com/@emilamok1.  He wishes all his readers a Happy Easter!

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Commentary

Commentary: Republican Votes Are Threatening American Democracy

In many ways, it was great that the Iowa Caucuses were on the same day as Martin Luther King Jr. Day. We needed to know the blunt truth. The takeaway message after the Iowa Caucuses where Donald Trump finished more than 30 points in front of Florida Gov. De Santis and former South Carolina Governor Nikki Haley boils down to this: Our democracy is threatened, for real.

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It was strange for Iowans to caucus on MLK day. It had a self-cancelling effect. The day that honored America’s civil rights and anti-discrimination hero was negated by evening. That’s when one of the least diverse states in the nation let the world know that white Americans absolutely love Donald Trump. No ifs, ands or buts.
It was strange for Iowans to caucus on MLK day. It had a self-cancelling effect. The day that honored America’s civil rights and anti-discrimination hero was negated by evening. That’s when one of the least diverse states in the nation let the world know that white Americans absolutely love Donald Trump. No ifs, ands or buts.

By Emil Guillermo

In many ways, it was great that the Iowa Caucuses were on the same day as Martin Luther King Jr. Day.

We needed to know the blunt truth.

The takeaway message after the Iowa Caucuses where Donald Trump finished more than 30 points in front of Florida Gov. De Santis and former South Carolina Governor Nikki Haley boils down to this: Our democracy is threatened, for real.

And to save it will require all hands on deck.

It was strange for Iowans to caucus on MLK day. It had a self-cancelling effect. The day that honored America’s civil rights and anti-discrimination hero was negated by evening.

That’s when one of the least diverse states in the nation let the world know that white Americans absolutely love Donald Trump. No ifs, ands or buts.

No man is above the law? To the majority of his supporters, it seems Trump is.

It’s an anti-democracy loyalty that has spread like a political virus.

No matter what he does, Trump’s their guy. Trump received 51% of caucus-goers votes to beat Florida Gov. Ron DeSantis, who garnered 21.2%, and former South Carolina Gov. Nikki Haley, who got 19.1%.

The Asian flash in the pan Vivek Ramaswamy finished way behind and dropped out. Perhaps to get in the VP line. Don’t count on it.

According to CNN’s entrance polls, when caucus-goers were asked if they were a part of the “MAGA movement,” nearly half — 46% — said yes. More revealing: “Do you think Biden legitimately won in 2020?”

Only 29% said “yes.”

That means an overwhelming 66% said “no,” thus showing the deep roots in Iowa of the “Big Lie,” the belief in a falsehood that Trump was a victim of election theft.

Even more revealing and posing a direct threat to our democracy was the question of whether Trump was fit for the presidency, even if convicted of a crime.

Sixty-five percent said “yes.”

Who says that about anyone of color indicted on 91 criminal felony counts?

Would a BIPOC executive found liable for business fraud in civil court be given a pass?

How about a BIPOC person found liable for sexual assault?

Iowans have debased the phrase, “no man is above the law.” It’s a mindset that would vote in an American dictatorship.

Compare Iowa with voters in Asia last weekend. Taiwan rejected threats from authoritarian Beijing and elected pro-democracy Taiwanese vice president Lai Ching-te as its new president.

Meanwhile, in our country, which supposedly knows a thing or two about democracy, the Iowa caucuses show how Americans feel about authoritarianism.

Some Americans actually like it even more than the Constitution allows.

 

About the Author

Emil Guillermo is a journalist and commentator. He does a mini-talk show on YouTube.com/@emilamok1.

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