APPLETON — Appleton’s strict rule against lighting up in workplaces should serve as the model for a referendum on a statewide smoking ban, a veteran Fox Valley lawmaker said.
But state Sen. Michael Ellis, R-Neenah, doesn’t expect any legislation until next year.
“It would be difficult to believe something less than Appleton’s ordinance would be in place in the state,” Ellis said Friday, three days after Appleton voters rejected an effort to allow exemptions to bars and other businesses.
The citywide referendum was the second on the issue in a year. The 2005 vote creating the ban was 9,726 to 7,551. Tuesday’s vote to keep it unchanged was 11,559 to 8,674.
The strong showing by ban advocates will not go unnoticed by state legislators, said Ellis and state Rep. Steve Wieckert, R-Appleton.
“We have to find some agreeable way to level the playing fields for businesses,” Wieckert said. “I would like to see a good consensus built on where that level should be.” Twenty-three municipalities in Wisconsin have no-smoking rules, including three with comprehensive workplace bans — Appleton, Madison and Shorewood Hills.
Four bills regarding statewide smoking rules are under consideration by legislative committees.
The most advanced is Assembly Bill 414, proposed in 2005, which would override local bans like Appleton’s and allow people to smoke in bars and certain areas of restaurants. The Assembly endorsed the bill, 48-45, in June, but it has since stalled in a Senate committee. The original bill banned smoking in all restaurants, but later was amended to include certain areas of restaurants.
Recently, the Tavern League of Wisconsin offered a compromise allowing cities such as Appleton and Madison to keep the existing, stricter bans. But some say a uniform ban would better serve business owners, who wouldn’t have to lose money to establishments that allow smoking.
“I would rather see a statewide ban, not just a city to city one,” said Jane Meredith, co-owner of Kittner’s Pub in Green Bay. “If it has to happen, then I’d want it to be equitable.”
At the Bel-Aire Bar in Bellevue, owners Tina and Greg Eul would prefer to have their place nonsmoking. They allow smoking because they don’t want to drive away customers, Tina Eul said.
The Appleton vote will play a part in legislative consideration of any statewide smoking rule, said Maureen Busalacchi, executive director of Madison-based Smoke Free Wisconsin.
“The people of Wisconsin would welcome the ability to always breathe clean air in the workplace, but I’m not sure state politicians are ready yet,” Busalacchi said. “But the Appleton vote sent a message to legislators who, I think, didn’t expect Appleton voters to be so clear in supporting the existing ban.”
Busalacchi is confident a statewide ban will be passed, but it will likely be later than sooner. “People have to lead politicians to some extent,” she said. “The legislators need to listen. This is a really serious issue. The Appleton vote spoke volumes to legislators.”
Busalacchi said she supports Senate Bill 430, co-sponsored by Sens. Carol Roessler, R-Oshkosh, and Fred Risser, D-Middleton, that establishes a workplace ban nearly identical to Appleton’s.
“Business owners have talked about having a level competitive playing field and predictability. This bill would give them that,” she said. Not all communities support a smoking ban.
On the same day Appleton voters reaffirmed the city’s ban, voters in Rhinelander rejected in a nonbinding referendum a proposed smoking ban by a vote of 987 to 798. The ban would have excluded taverns.
Of the three other proposed statewide bans, two allow smoking in bars and restaurants while one is a complete ban. With the 2006 legislative session ending the last week of April, time to enact a statewide ban is running short.
“We will have the opportunity during the fall election campaigns to listen to arguments from residents,” Ellis said. “I think something will manifest itself in 2007.” Wieckert said AB 414 is “a good basis to start the discussion.” Ellis said legislative debate likely will center on whether politicians or voters should make the ultimate decision.
“Let the voters decide,” he said.
Originally written by Steve Wideman
