Posted on 05/12/2005 6:59:43 AM 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
http://kennebecjournal.mainetoday.com/
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The lies they tell, I could write a book!
Dr. Dora Mills=JERK
surveys?????? What surveys???
Sen. Peter Mills, R-Skowhegan, agrees. He supports the legislation authored by Sen. Karl Turner, R-Cumberland, that would close the loophole. Two more jerks!
Karl "Jerk" Turner RINO
"The commercial bars are dying," Mills said. "It's dreadfully unfair."
Unfair you say??? It's because of the smoking ban you jerk! What an idiot.
ALBANY, N.Y. - Smoking rights' groups, tavern owners and libertarian political parties in nine states are calling for a boycott of donations to major charities, saying their support of smoking bans is a threat to small businesses and civil rights.
Peter and Dora are leftist brother and sister.
I know! And sometimes I wonder if "they" are running the state of Maine instead of Baldy.
Wow! That's a loophole if I ever saw one! Letting people decide for themselves! Good God Almighty, we gotta tighten that loophole...right around the throats of thinking Americans! DO IT NOW!!
FMCDH(BITS)
Isn't this awful?? This is what we have to put up with in Maine. The nanny do-gooders making a lot of money! I still think that the Tobacco Settlement money should be shut off from Maine.
The smoker's in Maine are paying that money with their tax dollars. Not big Tobacco and not Maine government. But the Maine smokers. We are paying for all of this control, restrictions and abuse. It's disgusting.
Methinks you are too kind with your words. Alas, if you or I wrote what we're thinking about it, we would be rightfully banned.....am I correct in that assumption?
FMCDH(BITS)
Oh boy! If I called Peter Mills, Karl Turner and Dora in here what I call them around my house, for sure I would be suspended.
They make me want to throw up! I still say they are the mouth pieces for the Governor. And I'm not kidding.
"Clubs that rely on volunteer labor would not be affected."
Jerks is too mild a word for these clueless dweebs.
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