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Posted on 06/14/2002 8:07:54 AM PDT by Gabz
ew plan clouds Delaware smoking ban
By Tom Eldred and Joe Rogalsky, Staff writers
DOVER - The debate surrounding Delaware's new anti-smoking statute continued to flare up Thursday as advocates and detractors considered the impact of a bill that would snuff out much of the two-week-old law.
"Unless the law is equal everywhere, I would suspect this is another slicky trick,'' Rehoboth Beach restaurateur Sydney Arzt said. "It's an all-or-none situation.''
At issue is legislation introduced Wednesday by Rep. G. Robert "Bobby'' Quillen, R-Harrington.
The measure, House Bill 560, would amend the Clean Indoor Air Act to permit smoking in "bars, taverns, taprooms, motorsports speedways, horse racetracks and video lottery (slots) facilities.''
It would cut to the quick of legislation Gov. Ruth Ann Minner signed May 31 that prohibits smoking in virtually all indoor public places, including the locations cited in the new bill.
Gov. Minner said Wednesday that she does not believe HB 560 would pass.
Rep. Quillen disagreed.
"Privately, talking to my colleagues it looks good," he said. "There is also quite a bit of support in the Senate."
Ms. Arzt said a glaring omission in Rep. Quillen's bill is restaurants. If the bill becomes law in its present form, establishments licensed as restaurants would still be 100 percent off-limits for smoking, including their bar areas.
Businesses licensed as taverns or taprooms could allow smoking.
Ms. Arzt owns Sydney's Blues & Jazz Restaurant in Rehoboth Beach. She is also president of the Rehoboth Beach Restaurant Association.
"My restaurant has been non-smoking for quite a while,'' she said. "But we do allow smoking in our bar area. That accommodates people who do want to smoke.
"I was concerned to some degree when (the anti-smoking bill) passed that some rights were being taken away, but at least it is applied equally. It has to be equal everywhere or it is not fair.''
At least two lawmakers indicated they are considering amendments to HB 560 to include some restaurants.
Rep. V. George Carey, R-Milford, and Rep. Clifford G. "Biff" Lee, R-Laurel, said they may sponsor additional legislation.
For example, Rep. Lee said his proposal could exempt restaurants with less than 950 square feet of table space. He said the exemption would help smaller eateries.
Rep. Quillen said he would not object to adding exemptions for restaurants.
"Coffee, alcohol and cigarettes go together," he said.
The new law, hailed by anti-smoking advocates as one of the toughest in the nation, is to take effect Nov. 27 unless it is changed before it gets started.<
Joesph W. Cherner, president of New York-based SmokeFree Educational Services Inc., organized a massive e-mail and faxed-letter campaign to Gov. Minner in support of the bill.
Mr. Cherner, reached in Mexico, urged Gov. Minner and lawmakers to hold fast.
"The tobacco cartel and its front groups know that they have a very limited window for trying to pollute Delaware's workplace air again,'' he said.
"The tobacco cartel has huge amounts of money and unfortunately Delaware is about to get a misleading propaganda campaign, the likes of which it has never seen. I hope (Gov. Minner) and the legislature stand up to the tobacco cartel and its front groups, and fight for clean Delaware air.''
Casino operators, on the other hand, say they are encouraged by Rep. Quillen's bill.
"Our reaction is that it is positive that someone has taken the initiative to address this recently passed law,'' said Jack Walls, president of Harrington Raceway and Midway Slots.
"The public's sentiment has been expressed to legislators in letters, phone calls and e-mails. They feel that smoking should be a choice and that (the legislature) should not be tampering with the revenue that the state gets now.''
Dover Downs president and CEO Denis McGlynn said a survey his staff conducted showed the state could lose as much as $57 million in revenues from its three casinos because customers who smoke would go elsewhere.
Mr. Walls said many of the comments he's heard - from smokers and non-smokers alike - center on individual rights.
"They've told me the government is getting into too much personal choice when they enact legislation like this,'' he said. "We get a lot of smokers from southern Maryland, Annapolis and the District of Columbia. If someone feels strong enough about choice, they'll go somewhere else.''
House Speaker Terry R. Spence, R-Stratford, said he would send HB 560 to the Health and Human Development Committee. Committee chair Rep. Pamela S. Maier, R-Newark, said she would hold a committee meeting to vote on the bill as soon as next week.
Carrie Leishman, executive director of the Delaware Restaurant Association, said she wants more clarification of what constitutes "bars, taverns and taprooms'' in HB 560 before taking a formal position on the measure.
"This organization has always been for equal accommodation regarding smoking,'' she said. "I have to know the intent of the legislators before I can take a position.
"If this bill specifically exempts industries that are competing with the restaurant industry in Delaware, then we would be vehemently opposed to it.''
Ms. Leishman pointed out that the state's 1,800 eateries represent a $1.1 billion a year industry, employing 30,000 people.
She said her organization did not oppose the initial amendments to the Clean Indoor Air Act because smoking would not only be banned in restaurants, but in casinos, bars and taverns as well.
"The level playing field is a huge issue here,'' she said. "We would be very opposed to an uneven playing field. It would be a patchwork of haves and have-nots.''
Tom Eldred can be reached at 741-8212 or teldred@newszap.com.
Joe Rogalsky can be reached at 741-8226 or jrogalsky@newszap.com.
What we have here is a basic sheeple problem. When you're only "concerned to some degree" about losing rights, but don't care because at least everyone's losing them, you're lost.
"Coffee, alcohol and cigarettes go together," he said.
Amen.
"The tobacco cartel has huge amounts of money and unfortunately Delaware is about to get a misleading propaganda campaign, the likes of which it has never seen. I hope (Gov. Minner) and the legislature stand up to the tobacco cartel and its front groups, and fight for clean Delaware air.''
The only misleading propaganda that Delaware lawmakers are getting is from the likes of joe cherner and the other anti-smoker organizations throughout the country.
there have been some weird shenanigans going on in Delaware about this whole issue. Some of it stinks to high heaven and it is not the smell of cigarette smoke.
That has been our position all along. If non-smoking bars and restaurants are going to be such a boom to business because all those non-smokers would be coming in - then many more would have been openned years ago.
BTW, if you post in the general category it won't let you bump the puff list. Don't know why.
The comments from Cherner have me incensed.
But the news Journal editorial is even worse - I will post that to this thread in a few minutes.
Gabz, I just finished sending off about 15 emails to Delaware. I hope they have open minds......
It doesn't take a Sherlock (or a survey) to figure that one out.
here's the editorial from this morning's News Journal that has me so incensed:
Only noisy minority wants to lift state's new smoking ban
Support for the ban is wide, deep and strong. Three-quarters of Delawareans think banning smoking in all public spaces is the right thing to do.
Someone at the Nj needs to recheck their math.
3/4 of 500 people surveyed by the anti-smoker groups supported this - not 3/4 of Delawareans.
The News Journal - which knows about it - only refers to campaigns being done by the "tobacco front groups"
It is the smokers and those who cater to them who are the fringe element on this issue.
Fringe - protecting livelihoods does not sound linke fringe groups to me. small mom&pop owned restaurants, coffee shops and bars have never been given an opportunity to be heard in this whole thing.
Now they're hot.
I am not going to travel to Delaware. I will spend my money elsewhere.
I am not going to travel to Delaware. I will spend my money elsewhere.
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