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Smoking ban passes in Senate reversal
State's new law called historic by some, full of loopholes by opponents
Wednesday, June 11, 2008

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
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