OPINION
Who Were The Six?
Why Banning Menthol Cigarettes Only Increases Police Interactions.
By: Corey Pegues, Retired NYPD Deputy Inspector,
author of “Once a Cop: The Street, the Law, Two Worlds, One Man” & Member of the
Law Enforcement Action Partnership (LEAP)
In 2022, the number of police shootings in Columbus decreased to six. Unfortunately, this positive decline is overshadowed by the reality of who the victims are. Who were the six? All six people shot by Columbus police officers in 2022 were Black men, and Governing.com finds, “Columbus police use force more often against Black residents.” The report also states, “Between 2017 and 2019, 52 percent of the city’s police use-of-force cases were against Black residents who comprise less than 30 percent of the city’s population.”
Some in Columbus have proposed a ban on menthol cigarettes, and as a policing expert, I must weigh in on a vital part of this discussion that is not being had. Although well-intentioned, I don’t think these advocates know the facts because no one is talking about how targeted and discriminatory this proposed ban is. Police targeting increases when you ban a product used primarily by 21+ adults in communities of color, many of whom are Black men.
Since over 80% of African-Americans who smoke prefer menthol cigarettes, proposals to ban all flavored tobacco are racially discriminatory from the outset. They lead to more police interactions and increase crime, turf wars, and cross-border trafficking. More Black men are victims of ‘stop-and-frisk’ and pre-text stops by police. Menthol bans are the new stop-and-frisk as they will lead to an increase in police interactions.
Do local advocates of the menthol ban realize they are proposing legislation that would be enforced during a time when Black males are more likely to be shot by police in Columbus? The focus must shift to addressing current issues and threats rather than prohibiting an adult Black man or woman’s (21 and older) choice to smoke menthol cigarettes.
Do local advocates of the menthol ban realize that youth cigarette smoking is on the decline? In 2022, the Truth Initiative reported that “Smoking rates decline steeply in teens.” It goes on to say, “The decrease in cigarette and e-cigarette use among teens also comes at a time of broader decline in illicit drug use.”
In addition, and more directly in line with the intent of these bans, a recent report by the Surgeon General states there is “not enough evidence to conclude that banning menthol cigarettes would reduce smoking.” The truth is there is no scientific basis to prohibit menthol cigarettes while continuing to sell non-menthol cigarettes, which white smokers prefer.
A senior legislative analyst for the ACLU had this to say about a similar proposed ban: “This isn’t a public health bill; this is a criminalization bill.” The letter recounted the tragic death of Eric Garner, who died in a police altercation involving the alleged sale of loose cigarettes. It stressed, “With a federal prohibition on menthol and flavored tobacco products, states will develop their prohibition and enforcement policies that could result in harmful police practices like that witnessed with Mr. Garner.”
I call on Columbus legislators to address concerns around smoking by doing what works: Education, limited smoke-free areas, and tobacco cessation campaigns have drastically decreased smoking rates over the past few decades. And to the advocates of the ban, it’s essential not to ignore the facts.
Those in criminal justice, locally and nationally, are trying to improve police and community relationships. The focus is on limiting unjust police interactions with law-abiding people in communities of color because the more contacts we have, the higher the chances that something could go wrong.
In looking at the rates of shootings in Columbus and those being shot, I ask myself, who will the 7th victim be? The police do not need another reason to interact with Black men in Columbus. The police do not need another reason for a stop-and-frisk that leads to life-threatening casualties in the Black community. A menthol cigarette prohibition should not be considered.
Do local advocates of the menthol ban realize that police do not make the laws, but they do have a hand in enforcing them?
Corey Pegues, Retired NYPD Deputy Inspector,
author of “Once a Cop: The Street, the Law, Two Worlds, One Man” & Member of the Law Enforcement Action Partnership (LEAP)
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