From: SMOKEFREE@compuserve.com
Date: Wed, 06/11/08
Smoking ban passes in Senate reversal
State's new law called historic by some, full of loopholes by opponents
By Tom Barnes
Pittsburgh Post-Gazette
Wednesday, June 11, 2008
http://www.post-gazette.com/pg/08163/888929-114.stm
HARRISBURG -- After the state Senate gave final approval to a statewide
smoking ban yesterday, Pittsburgh's Bill Godshall stood in the gallery and
started clapping.
"I am so pleased -- I've been working on this for 22 years," said the head
of SmokeFree Pennsylvania.
"I knew this would happen sooner or later, but it's better sooner. This is
the most important public health legislation enacted in this state in the
last several decades. This is truly historic."
The Senate vote to enact the smoking ban was 41-9, a turnaround from last
week, when it rejected a House-Senate conference committee report by a
31-19 margin.
Supporters said the law will ban smoking in 95 percent of the state's
public places and workplaces. The bill contains exceptions for certain
workplaces, permitting smoking in smaller "mom and pop" taverns, private
fraternal and veterans clubs, cigar bars, tobacco manufacturing facilities,
private homes -- except those used for day care -- and 25 percent of casino
floors.
One who wasn't applauding yesterday was Jim Mitchell, owner of Mitchell's
Restaurant and Bar in Downtown Pittsburgh, who said he will lose business
to places that are exempt from the ban.
"This loophole-filled legislation says it's unhealthy for people to smoke
in my restaurant, but OK in a casino. I've had my very good customers [who
smoke] tell me they will go around the corner [to an exempt tavern].
"All I've ever asked for is a level playing field," said Mr. Mitchell, who
took part in a lawsuit that led to Allegheny County's anti-smoking law
being overturned last year.
The Senate's reversal yesterday was led by the Allegheny County delegation,
which had voted against a statewide ban last week because it let
Philadelphia's anti-smoking law stand but did not allow Allegheny County
and Scranton to have their own tougher laws.
Senate Democratic Leader Bob Mellow of Lackawanna said Republican leaders,
who control the Senate, would allow him to introduce bills in the near
future to address that.
One would alter the state's Second Class County Code to permit Allegheny
County to revive the previous smoking ban that was struck down in court.
The other would change the state's Second Class City A Code, which affects
Scranton, so it can revive its smoking ban.
With those promises, Allegheny County senators, while saying the bill
wasn't perfect, changed their minds and voted for it.
The House overwhelmingly approved it last week, so it now goes to Gov. Ed
Rendell, who has said he'll sign it. It will take effect 90 days after
that.
Rendell aide Chuck Ardo said the governor was pleased with the Senate vote.
"We want to assure Sen. Mellow and the Allegheny County delegation that the
governor will enthusiastically support legislation that allows them to
enact their own smoking bans," Mr. Ardo said.
"Passing this measure today is the foundation for necessary reforms in the
future," said Sen. Jim Ferlo, D-Highland Park, who last week was one of
those who insisted that the bill permit Allegheny County to have its own
local ordinance.
If Mr. Godshall has been working for smoke-free legislation for 22 years,
Sen. Stewart Greenleaf, R-Montgomery, has the second-longest record. He's
been introducing an anti-smoking bill each year since 1993, but couldn't
even get it out of a Senate committee until last year.
"This is a great victory," he said, "but it came as the result of much
compromise. It had to. Ideally, I wanted a very strict bill. This is the
best legislation that can be approved by this Legislature at this point in
time."
The nine opponents of the bill were all Republicans, who called it an
unnecessary intrusion by state government into the private lives of
citizens and businesses.
Sen. Mary Jo White, R-Venango, said private businesses should be able to
make their own decisions whether to allow smoking.
If customers demand that a tavern or bar be smoke-free, the owner would
listen to them, she said.
"If you don't like smoking, don't go to a business that allows smoking,"
she said. "Business owners have the right to make these decisions for
themselves. There are plenty of smoke-free venues" where nonsmokers can go.
"What's next? [State government saying] you can't smoke in a house if
children are present? You can't smoke in a car? State government telling
you how much fat you can eat or how much you can weigh? Where does it stop?
People should take responsibility for their own health."
Bureau Chief Tom Barnes can be reached at tbarnes@post-gazette.com or
1-717-787-4254.
First published on June 11, 2008 at 12:00 am
- - -
PENNSYLVANIA SMOKING BAN
Senate backs indoor limits
Businesses face inevitability
By Charles Thompson
The Patriot-News (Harrisburg)
Wednesday, June 11, 2008
http://www.pennlive.com/news/patriotnews/index.ssf?/base/news/1213147507871
40.xml&coll=1
With state Senate passage in hand and Gov. Ed Rendell ready to sign the
bill into law, Pennsylvania is only months away from banning indoor smoking
in most workplaces and public venues.
The bill, which would take effect 90 days after enactment, would end
smoking in businesses, schools, theaters, stadiums and other public places
with three major exceptions:
- Bars with limited food businesses;
- Private clubs, where officers have voted to permit smoking;
- 25 percent of the gambling floors at most casinos.
To some midstate businessmen, the change feels like catching a wave that's
already broken.
"It will be pretty much a nonevent for me and most of Pennsylvania," said
Doug Eiserman, owner of Palmyra Bowling. His business still permits smoking
on the lanes weekday evenings, but the new bar-restaurant is smoke-free.
"People are used to going outside and smoking," Eiserman said Tuesday. "I
don't anticipate any loss of business because of a smoking ban."
The same goes for Wayne Meals, founder of the Scalles Restaurant in
Carlisle, where the "smoking area" in his sandwich shop has shrunk to two
tiny half-moon tables inside the entrance, just across from the take-out
beer cooler.
"Five or six years ago, I think it would have hurt real bad," Meals said of
the ban. "But the timing is right right now. People are very much educated
to the nonsmoking thing, and wherever it happens, they just abide by it."
But some might face tough choices.
Richard Phelan, owner of the midstate's Gingerbread Man taverns, has
cultivated a daylong business with strong lunch crowds and a smokier tavern
trade by night. With the new law requiring any bar where food accounts for
more than 20 percent of sales to be smoke-free, his formula might have to
change.
He isn't happy.
"I cannot believe that after 35 years, they [lawmakers] are making a change
in my business that I have no control over," Phelan said. If he sees he's
losing business to bars where smoking is still allowed, he might close for
lunch.
"They're not allowing us to operate equally in a fair market" with other
bars or private clubs, Phelan said.
That perception of government intrusion is why two midstate senators, Terry
Punt, R-Franklin County, and Mike Folmer, R-Lebanon County, voted against
the bill that passed 41-9 Tuesday. "I'm fine if Pennsylvania goes
smoke-free totally, as long as the [business] owners make that decision and
not the government," Punt said.
All other midstate senators supported the plan.
The Senate vote reversed a 31-19 rejection of the plan last week, when
Senate Democrats rebelled against a provision that would have allowed
Philadelphia to retain its slightly stronger local ordinance, but would
have put all other places under the state law.
With Republicans agreeing to permit a separate, future vote on that issue,
the Democrats dropped their bloc opposition Tuesday, and the bill cruised
to easy passage. The House passed it last week, 163-38.
Smoke-free advocates hailed the passage as a necessary step toward
protecting the health of thousands of workers in hospitality and other
industries who routinely face involuntary exposure to second-hand smoke.
"This is a huge victory for the health of Pennsylvania," said Diane
Phillips, director of government relations for the American Cancer
Society's Pennsylvania Division.
"I understand that it's a big change for some," she said, "but in the end,
I believe that most businesses will be pleasantly surprised with the
results."
Citing the near-total separation the bill establishes between smokers and
those seeking a smoke-free environment, Sen. Stewart Greenleaf,
R-Montgomery, said, "I don't know if there's anything we could do that
would be more important to stopping the diseases that secondary smoke
causes."
Adam Sturges, general manager of McGrath's Pub in Harrisburg, said he would
rather see universal health insurance for bar employees, because many don't
have coverage for which owners pay.
"If you want to look out for my health, get me some health care," McGrath's
bartender Chris French said. "I want to see all those nonsmokers coming out
in droves to support me."
Tara Peffer, a smoker, predicted the ban will reduce the number of times
she goes out.
"I enjoy a cigarette when I go out," the Harrisburg resident said. "If I
can't smoke, I might as well stay at home, where I can smoke any time I
want."
CHARLES THOMPSON: 705-5724 or cthompson@patriot-news.com
- - -
Pa. smoking ban approved
The Senate sent the bill to Gov. Rendell, who is expected to sign it.
Philadelphia's ban remains intact.
By Amy Worden
Philadelphia Inquirer
Wed, Jun. 11, 2008
http://www.philly.com/inquirer/home_top_stories/20080611_Pa__smoking_ban_ap
proved.html
HARRISBURG - After months of debate, the Senate yesterday overwhelming
approved a bill to ban smoking in virtually all public places and most work
sites throughout Pennsylvania.
The bill, which allows Philadelphia to keep its more extensive two-year-old
smoking ban, now goes to Gov. Rendell, who said through a spokesman that he
intends to sign it shortly after it reaches his desk later this week.
When the measure becomes law, Pennsylvania will join 32 states - including
New Jersey - and the District of Columbia with some type of smoking ban.
The legislation will take effect 90 days after Rendell's signature.
It effectively bans smoking in all public places including hospitals,
schools and sports facilities. It bars smoking in taxis, trains and buses
and in train and bus stations. It also eliminates smoking in all
restaurants.
But the bill contains a lengthy list of exemptions allowing smoking in
certain workplaces and entertainment venues, including casinos located
outside of Philadelphia.
The bill (Senate Bill 246) was approved on a 41-9 vote with the entire
Philadelphia delegation supporting it. The dissenters were all Republicans,
primarily from rural areas.
State Sen. Stewart Greenleaf (R., Bucks), chairman of the joint
House-Senate conference committee that crafted the compromise bill, first
introduced antismoking legislation 15 years ago.
He said the final product is not a perfect bill since it offers a number of
exemptions, but added it will protect 95 percent of the public from
secondhand smoke.
"I believe that within several years we are going to see legislation to
strengthen the law and place more broad restrictions on all public places
in the state," said Greenleaf.
Among the exempted venues: bars that draw 20 percent or less of annual
revenue in food sales, as well as cigar bars, tobacco shops, and private
clubs whose officers agree to allow smoking.
The vote came six days after the bill - which had been agreed upon by a
joint House and Senate conference committee - was initially defeated by a
coalition of Democratic senators angry that it did not allow municipalities
other than Philadelphia to enact their own bans.
Then, Senate Minority Leader Robert Mellow (D., Lackawanna) said the caucus
agreed to support the bill after given assurances by Senate Republican
leaders that they would consider future legislation allowing Allegheny
County and Scranton - the only two municipalities which had previously
approved smoking bans - to again enact their own antismoking ordinances.
Rendell spokesman Chuck Ardo said the governor was "gratified by the Senate
action" and pledged to help Mellow and the Allegheny County delegations get
approval for local bans.
Mayor Nutter, who coincidentally was in Harrisburg on city business
yesterday, joined the Philadelphia delegation on the Senate floor for the
vote and ended up making an impromptu address on the chamber floor.
Nutter thanked lawmakers for preserving the Philadelphia ordinance that he
had worked for six years to see enacted.
"There's been tremendous amount of debate on the issue, but smoke free
legislation can save lives," said Nutter.
Under the new state law, casinos would be permitted to allow smoking in up
to 50 percent of their gaming halls - although Philadelphia's law prohibits
its two casinos from allowing any smoking, and the compromise bill would
not change that.
The Philadelphia prohibition extends to the outside of buildings, 20 feet
from entrances, and requires the full membership of private clubs to
approve smoking rather than simply the board as is the case with the state
law.
Also excluded under the statewide ban: private homes and other residences
and vehicles, unless they are being used for child-care services; and
long-term care facilities, as well as residential facilities used for drug
and alcohol rehabilitation and mental-health services.
Hotels would be permitted to allow smoking in up to 25 percent of their
rooms.
Smoking would also be allowed in designated outdoor smoking areas at sports
or recreation venues.
Where Smoking Is Allowed
Under a new state law, smoking will only be permitted in the following
locations:
Drinking establishments where food is 20 percent or less of annual sales.
A designated outdoor smoking area at a sports or recreation facility,
theater or performance establishment.
Private clubs.
Up to 25 percent of the rooms in a lodging establishment, like a hotel or
motel, and all rooms at full-service truck stops.
Up to 25 percent of a casino floor, and up to 50 percent if a casino can
prove to the state Department of Revenue that the smoking ban is harming
its business. (A Philadelphia law bans smoking in any city casino.)
Nursing homes, adult-care facilities, drug and alcohol treatment facilities
and mental-health care facilities.
Private residences and private vehicles, unless the residence or vehicle is
being used for child care or adult-care services.
Cigar bars that are connected to a tobacco shop or where tobacco-related
products total at least 15 percent of annual sales.
Tobacco shops; manufacturers, importers and wholesalers of tobacco
products; manufacturers of tobacco-related products.
Tobacco promotion events, or fund-raisers for nonprofit and charitable
organizations where cigars are featured.
SOURCE: Senate Bill 246.
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