Republicans who control the Legislature agree with restaurants and bars that argue they should be free to decide whether to allow smoking without intrusion from government.
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Smoking ban considered statewide
7/26/2006
John Bumgardner
Lansing – There’s a new push to enact statewide legislation against second-hand smoke in the workplace, restaurants and bars.
Wednesday morning the tobacco free partners gathered community leaders and healthcare workers together to share their findings on several surveys conducted in West Michigan and the state.
One statistic on second-hand smoke found that 69% of Grand Rapids voters are in favor of a state law or local ordinance prohibiting smoking in public places.
According to a new surgeon general’s report second-hand smoke is one of the main contributors to health problems in non-smokers.
Proposed smoking ban in bars, restaurants snuffed out in Michigan
4/10/2006
LANSING, Mich. Legislation to ban smoking in Michigan’s bars and restaurants is stalled in the state Legislature — six years after it was first introduced.
Health groups and other supporters of the ban say secondhand smoke is a health risk, especially for pregnant women, asthmatics and restaurant workers.
But so far, Republicans who control the Legislature agree with restaurants and bars that argue they should be free to decide whether to allow smoking without intrusion from government.
New York City, Chicago, Dallas and 15 states have approved smoking bans in restaurants; fewer have restricted it in bars.
Proposed smoking ban in bars, restaurants snuffed out in Michigan
April 10, 2006
By David Eggert, Associatd Press Writer
By David Eggert, Associatd Press Writer
LANSING, Mich. –Chris Vaive often heads to a downtown Irish pub for a cold one after a day sorting mail for the U.S. Postal Service.
He usually seeks out a bar stool near the door, closer to fresh air and hopefully farther away from the smoke.
But the effort was futile one recent night. When other patrons lit up right next to him, Vaive stayed in his seat, quietly bemoaning the stench on his clothes and the secondhand fumes he was inhaling.
“It’s a Group A carcinogen,” says Vaive, a 48-year-old from Ingham County’s Lansing Township who quit smoking in 1999. “I feel it should be put out. It’s really nice in here when it’s not smoky.”
Vaive dislikes smoke enough that he recently e-mailed lawmakers and urged them to ban smoking in bars and restaurants. Unless they change course, however, Michigan appears unlikely to join a growing number of states with similar bans.
Bills that would prohibit smoking in restaurants and now bars have been sitting in the Legislature since 2000 but never gotten a vote. They’re opposed by the Michigan Restaurant Association and the Michigan Licensed Beverage Association, which say eateries and bars should be free to decide whether to allow smoking without intrusion from government. About 23 percent of Michigan adults smoke.
Many smokers agree.
“We’re easy to pick on,” says Tony Lema of Mount Clemens, who likes to smoke while having a drink.
The 55-year-old retired painter opposes a ban in bars and private clubs such as veteran’s halls or fraternal organizations.
“We’ve got enough legislation. We need less, not more,” Lema says.
The debate not only pits smokers against nonsmokers, but property rights versus public health interests.
State Sen. Ray Basham, a Taylor Democrat and sponsor of the proposed smoking ban, says he has no problem with people smoking in private.
“But their rights end when it goes up the nose of a nonsmoker,” he says.
Basham says the issue is about much more than nonsmokers getting watery eyes at a restaurant or wearing smelly clothes home from the bar.
About 38,000 nonsmokers die from lung cancer or heart disease each year as a result of exposure to secondhand smoke, according to the U.S. Centers for Disease Control and Prevention. Supporters of the legislation — including doctors, hospitals and health groups — say secondhand smoke is especially hazardous to pregnant women and asthmatics, along with bartenders and waiters who work inside smoky establishments all day or night.
New York City, Chicago, Dallas and 15 states have approved smoking bans in restaurants; fewer have restricted it in bars. The New Hampshire Senate last week killed a measure that would have banned smoking in that state’s restaurants and bars.
Several Michigan counties have barred smoking in workplaces, but courts have ruled that only the Legislature can impose bans in restaurants.
So far, Republican leaders in the House and Senate have agreed with bars and restaurants, which say the decision to go smokefree should be driven by free market competition and customer feedback. They note that more Michigan restaurants are becoming smokefree on their own.
“We’re the ones who know best, not some legislator in an office in Lansing,” says Andy Deloney, spokesman for the state’s restaurant association.
“We’re the ones who know best, not some legislator in an office in Lansing,” says Andy Deloney, spokesman for the state’s restaurant association.
The Red Cedar Grill in Williamston became smokefree about six months ago after owner Craig Heath realized the number of smokers at the restaurant was diminishing and more nonsmokers said they were bothered by the smoke.
“The decision was driven by the needs of the customers,” says Heath, who also owns restaurants in Lansing and Brighton. “It’s a feel. We just got a feeling over time there were less and less smokers.”
Heath doesn’t support an outright ban, though. He says many regulars at his Brighton Bar and Grill like to smoke there; and while it may make sense for a fine-dining place to prohibit smoking, a pub or sports bar may not want to estrange its customers.
Nonsmokers like Vaive say they’re the ones being alienated. Supporters of the ban argue that efforts to contain secondhand fumes to smoking sections are ineffective. They also note there’s no evidence that bans in other states and cities have hurt sales.
Bronson Frick, associate director of the Berkeley, Calif.-based Americans for Nonsmokers’ Rights, says residents in states with clampdowns on smoking have quickly embraced smokefree dining and drinking. Those who smoke can step outside for a light and then return, he argues.
“It’s part of a culture change taking place at the national level,” Frick says. “The public does not want to go back to the way it was.”
Basham, who’s been sponsoring varying versions of smokefree legislation for six years, says he may consider a ballot drive to bypass the Legislature and put the issue directly before voters.
Florida voters have approved a ban, but such a campaign would be expensive here.
The bills to ban smoking in bars, restaurants and workplaces are House Bills 4624-25 and Senate Bills 394-95.
Smoking ban bill introduced in state House, Senate
April 20, 2005,
Detroit News
Associated Press
Detroit News
Associated Press
LANSING – Smoking would be banned in Michigan bars, restaurants and workplaces under legislation introduced Tuesday in the state Legislature.
The bills were applauded by health groups, but associations representing restaurants and bars were criticizing the legislation even before it officially was introduced.
The Michigan Restaurant Association said decisions about going smoke-free should be driven by the market and customer choice rather than legislation.
“There are more than 3,500 restaurants in Michigan that have elected to become smoke-free on their own _ without big government nannying,” said Rob Gifford, the restaurant association’s executive director.
The bills were introduced in both the House and Senate.
The Senate bill that would ban smoking in restaurants was sponsored only by Democrats. The Senate’s version of the workplace smoking ban has both Republican and Democratic sponsors.
In the House, both bills were sponsored by Republicans and Democrats.
“Reducing exposure to secondhand smoke will lead to a healthier Michigan,” said Republican Rep. Barb Vander Veen of Allendale, a bill sponsor.
Several states have enacted some sort of smoking ban at workplaces, sometimes including bars and restaurants. Some states have stricter laws than others.
At least three Michigan counties _ Ingham, Genesee and Washtenaw _ ban smoking at workplaces.
The smoking ban bills are Senate Bills 394-395 and House Bills 4624-4625.
http://www.detnews.com/2005/metro/0504/20/1met-156736.htm
http://www.detnews.com/2005/metro/0504/20/1met-156736.htm
Push for ‘smoke-free state’ renewed
April 18, 2005
FROM LOCAL AND NEWS SERVICE REPORTS
FROM LOCAL AND NEWS SERVICE REPORTS
State Rep. Barb Vander Veen, R-Allendale, said she recently attended a conference in California with her husband and immediately noticed the lack of smoke — cigarette smoke that is.
“It was so nice,” she said this morning. “I realized it was time for Michigan to be a leader and join California and other states that are smoke-free states.”
Vander Veen is among a group of state lawmakers hoping to add Michigan to a growing list of states that prohibit smoking in places where people eat, drink and work. Vander Veen and State Sen. Ray Basham, D-Taylor, have sponsored bills to ban smoking in restaurants and bars. Sen. Tom George, R-Kalamazoo, and Democratic Rep. Brenda Clack of Flint introduced legislation that would prohibit smoking in all other Michigan workplaces
“We’re going to do a full court press on this,” said Basham, who came up short on his previous legislative attempts to ban smoking in restaurants.
Basham said he feels more confident about winning approval for the new four-bill package than previous attempts. Support of the bills by two Republicans will help the bills move through the House and Senate, both controlled by the GOP, he said.
George said at least seven states already have approved laws banning smoking in workplaces, including restaurants and bars. At least three counties in Michigan already outlaw smoking at workplaces — Ingham, Genesee and Washtenaw counties.
Judy Stewart, manager of the campaign behind the bills, said that although many public buildings in Michigan already are smoke-free, the legislation is needed.
“Many businesses around the state still allow smoking inside their building, a serious health risk for their employees and customers who don’t smoke,” Stewart said.
Despite the support of some Republicans, the legislation faces a tough fight in the state Legislature. The 4,500-member Michigan Restaurant Association has helped prevent similar smoking bans from winning approval in recent years.
Vander Veen acknowledged she probably will get “beat up” by the restaurant association but said she believes smoking bans will not seriously affect business. She said medical findings show the need to protect the public from second-hand smoke.
“The evidence is irrefutable,” she said. “We now know the second-hand smoke perils and we have several states that have gone this way and it has not been a loss of revenue. People have not stopped going to restaurants and bars. In fact, it has increased business.
“It is time to have this discussion again. Being a nurse, being a mother, being a grandmother, I am for business 100 percent, but I also am for being responsible economically. When you look at the amount of dollars that we put in our health care system that is directly or indirectly related to smoking, we need to look at this issue.”
Andy Deloney, the restaurant association’s public affairs director, said restaurants should be able to decide for themselves what kind of dining experience is best for their customers.
“Restaurants tell us every day, ‘I know what my guests want,”‘ he said. “Restaurants are dependent on the guests coming in the door. If restaurant guests want a certain kind of environment, then that’s what restaurants need to provide.”
Representatives for Republican leaders in the House and Senate would not comment directly on the legislation. They only would say lawmakers will review the bills when they are officially introduced.
Ari Adler, spokesman for Senate Majority Leader Ken Sikkema, said legislation to ban smoking in workplaces would have much less dramatic effect than the bills to prohibit it in restaurants and bars because most workplaces already ban smoking.
“One bill affects the bars and restaurants, and that could have implications on their ability to market their business,” Adler said. “We’re not saying that we are not in support of or opposed to the legislation. There will have to be some discussion on this.”
http://www.mlive.com/news/muchronicle/index.ssf?/base/news-4/11138337238200.xml
http://www.mlive.com/news/muchronicle/index.ssf?/base/news-4/11138337238200.xml
Push to Ban Smoking in Restaurants and Bars
WILX-TV NBC 10 (Lansing, MI), 2005-04-18
Ali Gorman
Ali Gorman
State Sen. Ray Basham (D-Taylor) is expected to introduce legislation
this week to ban smoking in Michigan restaurants and bars.
this week to ban smoking in Michigan restaurants and bars.
This is the fourth time he will be trying to pass the bill, but this
time he says with more bipartisan support, he’s confident it can pass.
time he says with more bipartisan support, he’s confident it can pass.
Basham says smoking in bars and restaurants is not just a nuisance
issue, but a public health crisis. He says it is time for the state
government to do something about the dangers of second-hand smoke.
issue, but a public health crisis. He says it is time for the state
government to do something about the dangers of second-hand smoke.
Rob Gifford of the Michigan Restaurant Association argues the issue is
a private workplace matter and restaurants should be allowed to address
it on their own. He also says the workplace is doing a good job meeting
the needs of both smokers and non-smokers.
http://www.wilx.com/
a private workplace matter and restaurants should be allowed to address
it on their own. He also says the workplace is doing a good job meeting
the needs of both smokers and non-smokers.
http://www.wilx.com/
Legislators plan to push again for statewide smoking ban
April 16, 2005
LANSING (AP) – A group of state lawmakers is hoping to add Michigan to a growing list of states that prohibit smoking in places where people eat, drink and work.
Two Republicans and two Democrats from the House and Senate are expected to announce Tuesday that they are backing legislation that would prohibit smoking in all restaurants, bars and workplaces in the state.
One Democrat backing the measure says it will be a full-court press.
At least seven states and three Michigan counties – Washtenaw, Ingham and Genesee – have banned smoking in workplaces.
The 45-hundred member Michigan Restaurant Association has helped prevent similar smoking bans from winning approval in recent years.
Many restauranteurs say they should be able to decide the issue for themselves.
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UAW clout could kill worksite smoking ban
Wayne County leaders back off the plan after the u nion details its objections.
March 4, 2005
By Joel Kurth / The Detroit News
By Joel Kurth / The Detroit News
Wayne County’s ban on workplace smoking, which just days ago seemed as certain as sunsets, could get snuffed out by the political might of the United Auto Workers u nion.
In a surprise move, the County Commission on Thursday delayed adopting sweeping limits on smoking in Wayne suburbs, casting into doubt the future of what Michigan antismoking activists had hoped would be their biggest public policy victory in years.
Commissioners shelved the proposal — which could be revived next week — less than 24 hours after each of them received a fax detailing the UAW’s objections to the ban from Jimmy Settles, director of the 150,000-member Region 1-A.
The missive contained what antismoking activists and some commissioners interpreted as a warning. Settles noted that, after Washtenaw County passed a similar workplace ban in 2002, UAW members withdrew “political support for our endorsed candidates and our political fund-raising.”
“This came about at not only the 11th hour, but a minute before midnight,” said Cliff Douglas, an attorney with the Smoke-Free Environments Law Projects in Ann Arbor. “We’re not sure if this is a deal-buster, but it raises concerns about what’s really going on behind the scenes.”
Wayne County had been poised to become the fifth, and largest, county in Michigan to prohibit smoking in private workplaces. The ban wouldn’t cover Detroit, whose City Council is expected to take up the issue, and would allow smokers to continue lighting up in bars, restaurants, bingo halls, casinos and tobacco shops.
The UAW wants another exception: smoking rooms in plants, if they’re part of a collectively bargained contract, said Paul Krell, a spokesman for Settles.
Many in southeast Michigan have smoking rooms. Wayne’s proposed regulation would have allowed them only if they have separate heating and ventilation systems, which is so expensive that very few do.
“(We) were just pointing out that people who feel that they don’t have a say get upset with the political figures that do it,” Krell said. “I certainly didn’t see it as a threat.”
Settles’ letter argued that “designating some areas for smoking or proscribing smoking, like other work rules, is best left to the collective bargaining process.”
The last-minute switch underscores how high emotions can sometimes run when smoking is involved. Just 26 percent of Michigan residents smoke, but proposals to ban smoking can strike some people — even nonsmokers — as government run amok.
“They keep whittling away at what you can and can’t do inside your own home or business,” said Mark Muylaert, 50, a retired cook from Detroit, who quit a three-pack-a-day habit 12 years ago. “The government is usurping its authority, and people are so ignorant they just let ’em do it.”
Antismoking advocates argue that some 38,000 people die every year from illnesses caused by second-hand smoke, including 500 in Wayne County.
“We’re not trying to go against the UAW,” said Al Martin, one of the leaders of a coalition of 150 public health groups supporting the ban. “The UAW’s members die of second-hand smoke, too.”
The ban, which included fines of $100 for second offenses and $500 for subsequent ones, was designed to be the opening salvo in a larger movement to extend restrictions statewide, including at bars and restaurants.
“Armies can be halted on a field of battle, but no one can stop an idea whose time has come, and tobacco restrictions are long overdue,” said Edward Apley, who owns a laser institute in Washington Township.
It’s uncertain what impact the UAW’s objections will have on the future of the regulations.
Last year, County Executive Robert Ficano vetoed a similar ban that the commission overwhelmingly approved. He backed the current measure because it includes no fine for scofflaw businesses.
Now, he’s willing to create another exception to allow u nions to bargain with companies for smoking rooms, said his spokeswoman Sharon Banks.
Settles is a Ficano appointee who serves on the Detroit Metropolitan Airport’s Board of Directors.
It’s uncertain whether a compromised smoking ban could win the support of the full commission — especially in light of a legal ruling this week from county attorneys that commissioners who represent Detroit can’t vote on the ban because the city is excluded.
That leaves only 10 of 15 members. At least two, Laura Cox and Gary Woronchak, were opposed even before UAW’s letter and others have voiced misgivings.
“There may be some commissioners running scared because of the UAW, but I’m not one of them,” said Phil Cavanagh, D-Redford Township. “We believe strongly that this is long overdue. I don’t see this as a derailment at all.”
Adding yet another wrinkle to what Cavanagh and others agree is a confusing situation: Parliamentary rules say the proposal becomes law if commissioners do nothing within 30 days.
A committee will examine the issue again on Wednesday.
You can reach Joel Kurth at (313) 222-2610 or jkurth@detnews.com.
http://www.detnews.com/2005/metro/0503/04/A01-107674.htm
http://www.detnews.com/2005/metro/0503/04/A01-107674.htm
Smoking ban plan takes a hit from UAW
Political fallout is possible, county told
Political fallout is possible, county told
March 4, 2005
BY BEN SCHMITT
FREE PRESS STAFF WRITER
Light ’em up.
The on-again, off-again workplace smoking ban proposal in Wayne County is back off.
This time, the UAW stepped in and at the last minute snuffed out the proposed Wayne County Clean Indoor Act.
In a letter to commissioners and County Executive Robert Ficano, Jimmy Settles, director of UAW Region 1A, hinted that political endorsements could be affected if the regulation passed.
County commissioners were scheduled to vote on the matter Thursday but agreed to send it back to the commission’s Health and Human Services Committee for modification.
In the letter dated March 2, Settles pointed out that Washtenaw County recently passed similar regulations, which angered citizens “who feel their otherwise legal activity is being infringed upon by politicians and their employers.”
“These hard feelings have manifested themselves through workers withdrawing support for our endorsed candidates and our political fund-raising activities,” he wrote in the letter. “Without an exception for u nionized workplaces and the use of the collective bargaining process, I cannot support this proposed regulation.”
Ficano, who had recently agreed to support the proposal, got the message.
He recommended Thursday that the regulation be modified so that it does not interfere with collective bargaining units. The Health and Human Services Committee, composed of five commissioners, is to meet again Wednesday.
“It was never the county’s intent to supercede employee-employer relationships,” said Ficano’s spokeswoman Sharon Banks.
The proposal, already retooled from one introduced last year that Ficano vetoed, would require outdoor smokers to puff at least 6 feet from business entrances. First-time violators would get a warning; the second offense could bring a $100 fine, followed by $500 in fines for subsequent violations.
Businesses also can designate smoking rooms as long as county health inspectors certify that they protect nonsmokers against exposure to secondhand smoke. State law already prohibits smoking in public buildings. The proposed restrictions would govern businesses, except for bars, restaurants, bingo halls, casinos and tobacco specialty stores.
All cities, except for Detroit, which has its own health department, are included in the proposal.
County Commissioner Philip Cavanagh, D-Redford Township, took umbrage with Settles’ letter.
“I don’t think that one person should have that kind of influence, especially with all the work that we did,” on the proposal, he said Thursday. “We were so close. Some of the commissioners didn’t want to offend anyone but every decision we make is going to offend somebody, and this is for the greater good of the people.”
Clifford Douglas, an Ann Arbor attorney who represents the statewide Smoke Free Environments Law Project, said he found Settles’ letter to be threatening.
“After a year of good faith negotiations, we feel blindsided by this literally last-minute threat by the local UAW,” he said. “The folks who are responsible for this are messing around with the health of Wayne County residents, and it’s wrong. One of the biggest messages that we want to send is that we are looking to Executive Ficano to resist this undue political pressure and move forward with the original regulatory proposal that he and we agreed on.”
Paul Krell, UAW spokesman, said the letter is not meant to be threatening.
“I don’t believe that’s a threat, just a simple statement that voters might say ‘Hey, where is my say in this? I don’t like this,’ ” he said.
In another blow to antismoking groups, the commission’s attorney Ben Washburn issued an opinion last week, stating that the five commissioners who represent Detroit cannot vote on the proposal. Washburn’s reasoning was that Detroit has its own health department and would not be affected by the regulations.
Those five commissioners were expected to vote in favor of the regulation. Among them is Alisha Bell, D-Detroit.
“I’m saddened that we’re not moving forward,” Bell said Thursday.
Contact BEN SCHMITT at 313-223-4296 or schmitt@freepress.com.
http://www.freep.com/news/locway/smoke4e_20050304.htm
http://www.freep.com/news/locway/smoke4e_20050304.htm
Smoking may get snuffed
Wayne County officials will review a retooled workplace ban on March 3.
February 18, 2005
By Joel Kurth / The Detroit News
By Joel Kurth / The Detroit News
Wayne County lawmakers are readying a ban on most workplace smoking, just one year after a similar effort went over about as well as a cheap cigar.
Executive Robert Ficano vetoed a smoking ban last April after pressure from business interests. But his spokeswoman, Sharon Banks, said he now backs retooled regulations that go easier on companies and first-time offenders, but still prohibit smoking in privately owned workplaces except bars, restaurants and casinos.
The prospect may have some nonsmokers elated, but others are fuming.
“I just quit smoking, and I’m still not happy,” said Bob Kinzel, 23, who works for Comerica in downtown Detroit. “It’s ridiculous. Where’s it going to stop?”
The County Commission, which overwhelmingly backed the measure last year, should take it up again March 3.
The restrictions would be countywide except in Detroit where officials will consider the ban later in March.
In the next few weeks, state lawmakers will introduce bills to extend the workplace smoking ban to bars and restaurants throughout Michigan, said Christine Bessert, spokeswoman of the American Lung Association of Michigan.
The group is in the midst of a $6,000 print and radio ad blitz urging citizens to back the Wayne County ban. Officials have been “bombarded” with calls, said Commissioner Kay Beard, D-Westland, who supports the restrictions.
The compromise measure would warn first-time offenders, then fine them $100 for the second and $500 for subsequent offenses. Unlike last year’s proposal, businesses face no sanctions, but smokers would have to stay at least six feet from building entrances.
Companies also could keep smoking rooms, as long as health inspectors certify they have separate heating and ventilation systems, said Cliff Douglas, an attorney for the Smoke Free Environments Law Project.
He points to statistics claiming secondhand smoke is Michigan’s third-leading cause of death, killing 500 county residents a year and costing the state $3.4 billion a year in lost productivity.
This month, Men’s Health magazine rated Detroit one of the least-friendly cities in the nation to nonsmokers.
“It’s simple: We shouldn’t be subjected to secondhand smoke, which some studies say is just as dangerous,” said Andre Johnson of the Partnership for a Drug-Free Detroit.
You can reach Joel Kurth at (313) 222-2610 or jkurth@detnews.com.
http://www.detnews.com/2005/metro/0502/18/D01-93890.htm
http://www.detnews.com/2005/metro/0502/18/D01-93890.htm
