Posted on 04/05/2005 4:05:33 PM PDT by SheLion
State health officials and several lawmakers are pushing to close loopholes that allow smoking in clubs and workplaces.
The proposed legislation pleases many bar owners, who say they've lost customers to private clubs since Maine took the smoke out of taverns in 2004.
It also suits groups such as the American Lung Association and the American Cancer Society, who claim many Mainers are exposed to secondhand smoke at work despite groundbreaking legislation passed by the Legislature 20 years ago.
"Even here in Maine, workplace smoking remains an issue," said Dr. Dora Mills, director of the Maine Bureau of Health. "Our surveys indicate that nearly 50,000 adults in Maine are employed in workplaces where smoking is allowed."
Maine passed a law in 1985 prohibiting smoking in private workplaces. But the Workplace Smoking Act also contained a loophole that survives today: A workplace can opt out of the rule if employees unanimously agree.
Indoor smoking also can still occur in private clubs such as the Elks Club and the American Legion, if their employees OK it. All these exemptions came, in part, from lawmakers' reluctance to regulate what happens in private establishments.
But bar owners say minimal entrance requirements at some private clubs make them the equivalent of public taverns. Sen. Peter Mills, R-Skowhegan, agrees. He supports the legislation authored by Sen. Karl Turner, R-Cumberland, that would close the loophole.
"The commercial bars are dying," Mills said. "It's dreadfully unfair."
The bill -- "An Act to Promote Parity in the Laws Governing Smoking in the Workplace" -- would prohibit smoking at any business or club with paid employees.
Clubs that rely on volunteer labor would not be affected.
Opponents said the legislation would be an unwise -- and perhaps unconstitutional -- infringement on private personal choice. Others said the legislation would drain private clubs of members, affecting even the charity work they conduct.
"What you're discussing would hurt us more than we've ever been hurt before," said Donald Simeone, legislative chairman for the American Legion.
Supporters of the legislation believe many workers are told to accept smoking or find another job. While the law prevents such coercion, they say it's hard for workers to oppose a boss or foreman who smokes.
"We are a state that has a lot of businesses," said Ed Miller, president of the American Lung Association of Maine. "And in a small business, being a problem can mean being unemployed."
Maine has been aggressive toward smoking. The 1985 law was among the first of its kind, as was 1993 legislation that banned smoking in public places, including restaurants. Despite the 1993 law, many restaurants continued to allow smoking by operating under a tavern license.
The state closed that loophole on Jan. 1, 2004, when legislation went into effect prohibiting smoking in bars. Maine was the fifth state to ban tavern smoking, after California, Delaware, New York and Connecticut.
Proponents of that law say it's been beneficial for the health of bar and restaurant employees. But bar owners told the committee the ban has put them at a competitive disadvantage.
"I can barely pay my bills now, which never happened before," said Paul Lambert, a Portland bar owner who said he's lost customers to a nearby private club.
A public hearing on the proposed legislation was held Monday by the Legislature's Health and Human Services Committee.
Chris Churchill -- 623-3811, Ext. 431
cchurchill@centralmaine.com
It seems to me that most of New England is totally F'd up. Is there a disease going on in snow country?
Oh I have to ping Dad to your comment. When I met the man I walked off and told my husband "I think I can take him, what a wuss!". He has the handshake of a limp dishrage, weak looking eyes that can't hold a gaze. He came across as a looser that only knows power with a pen in hand.
Its called liberalism. It destroys grey matter while leaving the rest of the host intact. All response is limited to knee-jerk reaction to external stimuli.
I hope you bathed afterwards.
Leave the people alone. It's none of your business, Maine.
This really has nothing to do with smoking. It has everything to do with agendas and that is to enslave the American people.
CAN THE BAN..........don't make it more forbidding for business.........
What is it with these jagoffs??????????
Something in the water down state, that's for sure.
I'm not sure. Gov King was before him. I think you are right. Should be in 06 then. Right?
Actually, I didn't believe he was married. I always thought of him as gay.
Excuse me? hehe! I think I missed something?
That's for sure! Pity that it's running rampant in New England, though.
Like what was said:
Ya gotta love the quote from the Senator. Might be nice to ask him where all the nonsmokers are that the Antis swore would improve business. Gee... think they could have been LYING???
I have actually been "carded" more in the past 10 years buying tobacco than alcohol - and I'm going to be 45.
Showing ID for voting is just natural for me - I still have no understanding of anyone's problem with that...of course I also do not have any understanding of the dims mentality to begin with.
Is there anyone left in this state that doesn't work for the state?
This place has become a Kafka-esque nightmare.
A very quick check of the State of Maine's homepage it's not apparent. Need more time.
Having first hand experience with spousal abuse - I have to say I find that amusing.........my ex wouldn't, considering it took a couple of cracked ribs and some other unmentionable damage to get him to understand...
Is there anyone left in this state that doesn't work for the state?
This place has become a Kafka-esque nightmare.
Yes, and what does that idiot Peter Mills mean by this? Doesn't this idiot know that he is responsible for the closures?!
"The commercial bars are dying," Mills said. "It's dreadfully unfair."
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