State wide smoking ban

[Maduro_Scotty]

I don't want to get very political here, but this issue does touch upon some interesting tangents. In my state, a comprehensive state wide smoking ban is coming down the pipes and fast. Unlike previous measures, this one is not the product of local communities, but rather, at the state level. I've had some friends argue that it's intrusive of the state to dictate to private businesses and individuals what they can do in public or on private property(which businesses are.) I suppose one could use the necessary and proper clause, not to mention the idea of the "general welfare" of the population as justification.

So, should laws related to smoking be conducted at the local or state level? Which would be more appropriate and why?

[CPJim-cl]

Same thing is happening in the state just south of you...

[Maduro_Scotty]

Same thing is happening in the state just south of you...

Didn't know that. Was that Sebelius that pushed it? Our measure got started when the city of Lincoln passed an ordinance. I was really shocked that they actually did it. I would drive my family to Lincoln to meet my relatives from the good sunflower state for a day of shopping. The gals would hit the mall and other businesses, while the brother in law and I would hit up a good tobacconist shop and then relax at the libations cigar lounge. After the ban, you couldn't smoke at a tobacconist shop.:angry: Yes, a tobacconist's shop was off-limits. Instead, you were to stand outside. Business at the cigar lounge fell off quite a bit. I don't know if they are still in business but the owner who talked with us said he didn't know what to do. I hope the guy is doing well.

I do believe that BOTLs are for the most considerate people. I won't light up around my kids, or any children for that matter. I like to go to the legion, but I've let my cigar go out a few times due to other people entering an establishment with children. I figure I shouldn't punish their kids for the parent's lack of intelligence of bringing their kids to a place like that at midnight. It's a shame that there is no reasonable middle ground on this issue. I don't believe that BOTLs mind not being able to light up at Perkin's, Denny's, or anywhere else like that. At the same time, the other side has to admit that a tobacconist shop should be run according to how the owner sees fit. If a person doesn't like it, then they should not go to tobacconist shops!:helloooo:

[CPJim-cl]

I am not sure if Sebelius was behind it or not, but I wouldn't be surprised...
I agree with you, I keep my lit cigar away from kids. I am a children's pastor and care a lot about kids. I remember how much i disliked my grandmother's cigarette smoke as a child so I just don't smoke around them. I tend to be pretty courteous when it comes to others and my smoke. But if I am smoking where it is allowed and someone wants to throw a fit, I will just keep on puffing!

(on a separate note: I have noticed that Sebelius has been campaigning a lot for Obama. I wonder is she is a possible Vice-President candidate with Obama? I like Obama alright, but I am NOT a Sebelius fan!)

[Doogie]

another state bites the dust. :angry:smoke nazis

[cubapete]

Moved from NY to NC its a little weird going into a restraunt and being asked smoking or non. But even in the state of tobacco road the signs are there for a smoking ban

[Craig]

Austin now has a city wide ban, but at least the tobacco shops got grandfathered in. There was quite a flurry of private smoking lounges that were created as well before the ban.

Luckily, it is comfortable to smoke outside here for most of the year. The bars just retrofitted and added on to their decks and or rooftops, so that is where the party has moved to. Sometimes the bar areas are totally empty while everyone is on the roof smoking and having a good time.

[SmokinJoe]

Kansas hasn't bit the dust...yet. The Senate Judiciary Committee will vote on Wed on Sente Bill 493. When introduced, the bill would ban smoking in virtually all public areas, including restaurants, bars and casinos, and workplaces, subject to a Nov. 4 vote in each county. However, if a county already has an ordinance, it can not be over-ridden by the state.

I personally feel it should be a business decision, left up to the business owner. However, that ship has come...and gone.

[Nick@TheManor]

Colorado has a state wide smoking ban as well. But there are loopholes so it's not as bad as it could be.

It's absolutely baffling that in a country BASED on freedom we'd have bans on products...Alcohol kills so many people and yet we dont have any bans on it. At the very least it should be up to the business owners. If you don't want to eat at a restaurant because it's smoky, go somewhere else and eat! It's that simple. I don't know how/why this has gotten this far...

[mhlatke]

Originally Posted by Nick@TheManor

Colorado has a state wide smoking ban as well. But there are loopholes so it's not as bad as it could be.

It's absolutely baffling that in a country BASED on freedom we'd have bans on products...Alcohol kills so many people and yet we dont have any bans on it. At the very least it should be up to the business owners. If you don't want to eat at a restaurant because it's smoky, go somewhere else and eat! It's that simple. I don't know how/why this has gotten this far...

I feel your pain bro! It is really sad to see all of our freedoms being taken from us under the guise of taking care of our health. Last time I checked, I was an adult and could make my own decisions! I don't need the government acting as a surrogate mother.

Looks like 'Big Brother' is alive and well.:angry:

[Maduro_Scotty]

Well, the legislature passed it and the governor signed it.

“In weighing the merits of this bill, I took into account the valid concerns about local control and the rights of business owners, as well as the health concerns and the rights of the public to clean indoor air,” Heineman said in a statement. “The public health concern is a critical one, and that is why I signed” the law.

At least there is an exemption for hotels and tobacco shops, so that makes it somewhat better.

[Architeuthis]

This is definitely something worth fighting against. If ya lose, I'd suggest moving yourself (and your potential paid taxes) to a different state!

[coach-cl]

Ohuo went SMOKE FREE a little over a year ago. The Law that PASSED has NO LOOPHOLES either. It does ALLOW for Tobacco Shops to be "smoke friendly", but those shops that were in "strip malls" had to do some major renavations in firewalls and independent HVAC systems. Also if the owner wanted to sell his shop the new owner could be a tobacco shop but he would not be allowed to smoke in it. Also, if one were to open a new shop, it has to be a "free standing building". The Law also has taken the rights away from Lodges(FOE,AMVETS,MOOSE,ELKS,Amer Legions), there can be NO SMOKING in any of these "private clubs" too. So you think you got it bad...move to OHIO then you really know what being screwed is.

ps.... Ohio has also the only know court cases that WON with a non-smoker filing against their neighbor for second hand smoke damage...last case the plaitiff WON $3M for damages from their condo neighbor.

[JohnRider]

Oooooh, the smoke nazis are having a field day in Iowa. They will really be surprised when the casinos pack up and go elsewhere.

Stricter smoking ban passes Iowa Senate

DES MOINES Smoke if you have 'em because your time is running out.

The Iowa Senate approved 29-21 a statewide smoking ban tonight that stripped away exemptions for casinos, veterans' clubs and the state veterans' home and defeated an attempt to allow smoking in 21-and-older bars.

House File 2212 will return to the House where floor manager Rep. Tyler Olson, D-Cedar Rapids, said the Senate vote "totally changes the discussion."

"We'll start from scratch" to build support for the Senate version, Olson said. Exempting casinos was the "big thing" smoking opponents had to accept to pass the bill 56-44 a week ago. However, in floor debate, a number of representatives opposed the bill because the exemption was not fair to bars competing with casinos.

He called the Senate action "great news."

Senate floor manager Sen. Staci Appel, D-Ackworth, called it the "best public health act in Iowa history" and said the ban improves workplace safety by protecting employees from secondhand smoke.

Rather than being divisive, she said, the bill should be seen as a "avenue to a healthier Iowa."

The ban goes directly to protecting the health of the 100,000 Iowans who earn a living in the food service industry. In an eight-hour shift, they inhale the equivalent of 16 cigarettes, making them pack-a-day smokers whether they want to smoke or not, she said.

"What kind of leaders are we if we elect to sit back and pretend our friends, our neighbors, our family members aren't suffering?" she asked. "This is preventable."

A key debate came on Sen. Bill Dotzler's amendment to exempt all 21-and-older bars. The Waterloo Democrat called it a matter of fairness to allow people who wanted to go to bars and smoke to have a place to do that.

"I know the proponents (of the smoking ban) won't be happy," he said, "but last time I checked, smoking was legal here in Iowa."

Dotzler, whose mother owns a Waterloo bar, said allowing smoking in bars would be a matter of treating the one-fifth of Iowans who smoke with respect.

The bill would ban smoking "any place two people come together," Dotzler said. "I'm not asking for much. All I'm asking for is a place for people who choose to smoke to have a place to socialize."

That would force all Iowans to pay for smokers' "bad behavior," said Sen. Jack Hatch. D-Des Moines, who said that 10 percent of all health insurance claims are directly related to smoking.

"The right to smoke doesn't give them the right to force us to pay for it," he said.

Smoking ban proponents have said treatment of smoking-related illness costs Iowans $1 billion a year, including $300 million in Medicaid costs, according to Appel.

That means that non-smokers who need health care don't get the care they need, Hatch said.

There will be less money for public health if smoking is banned at casinos, some senators argued. A Legislative Services Agency estimates shows a loss of $25 million per year in state revenues. Casino spokesmen said the loss would be higher, perhaps triple that estimate because it was based on states that expanded the number of gaming tables and didn't face competition from American Indian casinos.

Gov. Chet Culver has said he would sign a smoking ban.

[JoeyBear]

I have 3 friends in Illinois who have closed their bars because they can't afford to keep them open anymore. They are planning on a filing a lawsuit for loss of income and a bunch of other stuff. One friend took over the bar from his dad about 10 years ago. The bar has been in the family for 75 years and his great-grandfather, grandfather, and father all made a living doing what they enjoyed. None got rich, but they all had what they wanted. Sales for the past 20 years grossed between $28k-$31k for the month of January (did not include New Years). This past January, gross sales were $14k.

The government does not have the right to deny a person the ability to make a living. Non-smokers are not flocking to bars to enjoy the smoke-free air. Smokers are going home to smoke instead of hitting the bars. Package liquor stores are having higher profits than in past years.