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
COOL!!!!!!!!!!!!!
It truly IS shameful. And they go behind our backs in Augusta behind closed doors and do what ever they like.
We (in Maine mind you) have been building the .50 cal machine gun (Ma Too or the M2) the 7.62mm (M60) and the 40mm machine gun (MK19) in Saco Maine for some time. GREAT BUNCH of people involved.
Good....I figured that already, even with your lighthanded posts concerning this debuachery of private rights going on....heh heh heh...
When my Mary gets back later this month, I will propose going back to the old tradition of potluck dinners, card playing, music and drinking and smoking in our and our neighbors' homes on a rotating agenda. Screw the gnazi correct businesses...let'em eat cake. We will spend much less money having a better time with our friends and neighbors in the privacy of our own homes...(for as long that might last!!!!)
FReegards, Rick
FMCDH(BITS)
I understand.
It's been a pleasure FReeping with you this evening - but I have to call it a night. I look forward to more conversing with you.
Good Night ALL!!!!!!!!
Good night!
That is EXACTLY what we did in Delaware when the ban cam into effect.
I was lucky - I was able to get out of there within 7 months (it only took me 3 years to do it, but that's a different story)
Potluck dinners and private parties is the way to go.
Have a good night all - I'm for my pillow.
Wow...I went to college at St.Francis in Biddeford....the only thing they made at that time was sheets.....(a very long time ago...)
FMCDH(BITS)
Howeverm = However. What happened?
I'm older than you and I remember when ALL of New England ( though Vermont was always considered to be a bit ODD )was more or less Conservative. How times have changed. :-(
Yes,I agree, establishments should have the right to decide if they should allow smoking or not. When a government ( local or Federal ) steps in, that's when I see red!
I think that you've misconstrued my post. LOL
Exactly. Get back to block parties this summer. Have friends over. BBQ. Stereo's. Have fun. Save money in the process. Tip yourself! :)
The old saying, "How do you know when Mickey Chitood or a politician from maine is lyingThere aint no purgatory?"
Answer: There mouth is open.
Answer: There mouth is open.
That's pretty good.
And you know, I can't for the life of me figure out how the Dems in Augusta can go behind closed doors to do anything without the other side being there. Something fishy going on.
Little bunch of commies hold up the US Senate and the R's in Maine, well let me just say, it amazes me when I walk into the R's bathroom in Agusta and see a urinal. Must be there as a display.
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