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Editorial: Clear the air / Philly's smoking ban should be adopted here
Tuesday, June 20, 2006

A ban on smoking in Philadelphia workplaces was inevitable because the City of Brotherly Love is surrounded by smoke-free states -- New York, New Jersey and Delaware. But being encircled means that when city council voted to do it last week, Philadelphia was last.

That's how the bill's sponsor, Councilman Michael A. Nutter, saw it.

But looking at it from the western end of the state, Philly's first.

Allegheny County is just getting started, and the state Legislature, which could act to protect every barmaid and restaurant patron in Pennsylvania from carcinogenic secondhand smoke, is catatonic on this issue. A House committee stalled movement on a ban similar to Philadelphia's with a tie vote earlier this month. The committee may vote again within a week -- and Allegheny County voters should urge Reps. Michael Diven of Brookline, Nick Kotik of Robinson and Jake Wheatley Jr. of the Hill District to vote the right way. But even if the panel succeeds in sending the measure to the floor for a vote, it's hard to tell what may happen.

There's hope for Allegheny County, though, because the anti-smoking advocacy group, Smokefree Pennsylvania, has given County Council an opportunity to act quickly to catch up to Philadelphia. The same day Philly adopted its ban, Smokefree Pennsylvania asked Allegheny County Council to do the same here. It submitted a petition with 760 signatures, a number that requires council, under the terms of the Home Rule Charter, to vote on a proposed ordinance.

It would prohibit smoking in all workplaces, except tobacco specialty shops, private clubs that meet rigorous conditions, areas specified for smoking in union contracts and hotels -- provided they set aside no more than 25 percent of their rooms for smoking. In addition, smokers could no longer cluster around entrances to workplaces. The ordinance would mandate that smokers puff at least 15 feet away from the doors.

The Allegheny County Health Department, which already licenses restaurants and monitors air pollution, would enforce the ordinance. Smokers who violate the terms could face fines of $300.

To get the Philadelphia ordinance passed, Councilman Nutter agreed to a compromise under which smoking would be permitted in bars where food accounts for less than 10 percent of the sales. Some of the dozen states that have imposed bans have compromised, allowing smoking in bars for several years after it is outlawed in other workplaces.

Mr. Nutter, who worked for six years to get the ban, said covering 99 percent of workplaces in Philadelphia was certainly better than protecting none.

County Council needs to adopt this ordinance now. Allegheny County's nonsmokers shouldn't have to suffer a six-year wait in smoke-filled restaurants, bars and workplaces. They shouldn't be the last to enjoy clean indoor air.

First published on June 20, 2006 at 12:00 am
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