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South Dakota: House panel rejects smoking bill
aberdeennews.com ^ | Jan. 21, 2004 | JOE KAFKA

Posted on 03/02/2004 4:36:48 AM PST by SheLion

PIERRE, S.D. - An effort on behalf of smokers who want to once again be allowed to light up at Alcoholics Anonymous meetings failed miserably Wednesday in the Legislature.

The House Health Committee killed a bill 11-1 that would have made an exception to the 2002 state law that forbids smoking in most places open to the public. HB1086 would have provided an exemption for meeting rooms used by support groups for those with alcohol, drug and gambling problems.

Rep. Claire Konold, R-Watertown, offered the measure. He said many alcoholics are now avoiding Alcoholics Anonymous meetings because they may no longer smoke at those sessions.

"It is very important for those people to get to these meetings," Konold said.

Alcoholism is a serious disease, and people who have the problem should not be deterred from seeking help through support groups, he said.

However, opponents of the bill said people who smoke can hold off for the hour or so that the meetings last.

"They don't have to smoke all the time," said Rep. Bill Thompson, D-Sioux Falls.

"They do have an option. It's to step outside," added Rep. Jeffrey Haverly, R-Rapid City.

Others said this is no time to reverse progress made in 2002 when legislators banned smoking in most public places. Opponents of HB1086 also said that allowing smoking at meetings for people with alcohol, drug and gambling addictions would cause many nonsmokers to avoid the meetings.

"This is taking a great big step backwards," warned Rep. Larry Frost, R-Aberdeen.

People have the right to be free from the ill effects of secondhand smoke, said Kitty Kinsman, lobbyist for the Tobacco-Free Kids Network. The bill should be killed because it would allow smoking anywhere in meeting rooms used by people with alcohol problems, she said.

"We should not be trading one addiction for another," said Kinsman, former state health secretary.

Louis Peta, a former smoker from Pierre who has been in AA since 1976, was among those to testify Wednesday against the bill. He said legislators should not give a special exemption to alcoholics who smoke.

Smoking at Alcoholics Anonymous meetings became an issue last year in Hughes County when a Fort Pierre man was charged with breaking the law. Bernie Bergeson insisted that the meeting hall in Pierre was not a public place, but he was convicted and ordered to pay a $20 fine.

State law forbids smoking in most indoor areas where the public is invited or permitted. The law does not restrict smoking in motel rooms, casinos, bars, restaurants serving liquor, and stores that primarily sell liquor or tobacco.


TOPICS: Crime/Corruption; Government; US: South Dakota
KEYWORDS: antismokers; bans; butts; cigarettes; individualliberty; lawmakers; maine; niconazis; professional; prohibitionists; pufflist; smokingbans; taxes; tobacco
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To: VRWC_minion
I do know of private property with "sex zones". Should we legislate that all private property provide "sex zones"?
41 posted on 03/03/2004 12:37:58 PM PST by CSM (Looking for a stay at home mom for my future offspring!)
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To: CSM
No matter how you rationalize it its silly to use "its legal" as a reason to turn over smoking bans. Lots of legal activities are made illegal by doing them in public.

Stay with the private property arguments. At least they are consistant even though it ignores the traditional role of the state to impose regulations.

42 posted on 03/03/2004 12:48:47 PM PST by VRWC_minion
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To: VRWC_minion
Anyone May Attend A.A. Open Meetings

Most meetings are closed, not "open meetings."

tobacco addicted smokers should not have more benefits than nonaddicted people.

Nor less. If you read my last post, I'm opposed to government prohibiting legal activity on private property. That goes for smokers and non-smokers. And groups meeting on private property should not have their legal activities dictated by government.

43 posted on 03/03/2004 1:22:17 PM PST by D-fendr_2
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To: VRWC_minion
I must not be communicating clearly. I'm for giving "addicts special benefits;" I'm for giving everyone "special benefits' exempting them from this law. I'm for giving blanket exemption to give everyone special benefits — by removing this law from the books.

It's a bad law. And if they can exempt people one group at a time, that's fine, it's more rights than they have now.

44 posted on 03/03/2004 1:30:17 PM PST by D-fendr_2
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To: D-fendr_2
I'm opposed to government prohibiting legal activity on private property.

Once government says its illegal its illegal. Your argument self contradicts.

45 posted on 03/03/2004 2:22:23 PM PST by VRWC_minion
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To: VRWC_minion
You know what I mean. Smoking tobacco is legal.
46 posted on 03/03/2004 2:54:32 PM PST by D-fendr_2
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To: VRWC_minion
Nice way to avoid answering the question. I ask again, should we legislate that all private property provide "sex zones"?
47 posted on 03/04/2004 5:13:53 AM PST by CSM (Looking for a stay at home mom for my future offspring!)
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To: CSM
Nice way to avoid answering the question. I ask again, should we legislate that all private property provide "sex zones"?

I believe Las Vegas has sex zones and no sex zones. So, its legal in some places and illegal in others. Is this concept too tough to understand, that some things and activities can be legal in some places and illegal in others ?

48 posted on 03/04/2004 5:17:45 AM PST by VRWC_minion
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To: CSM
Sec. 2.180 Powers of City Council: Buildings; construction and maintenance regulations; building, plumbing, electrical, mechanical, housing, sign and safety codes.

1. The City Council may:

(a) Regulate all matters relating to the construction, maintenance, use, occupancy and safety of buildings, structures and property within the City.

(b) Adopt any building, plumbing, electrical, mechanical, housing, sign or safety code necessary to carry out the provisions of this section and establish such fees and penalties as are necessary.

(c) Adopt any ordinance to prohibit the use or maintenance of a building or structure for any activity that violates the laws of the State or ordinances of the City or the County in which the City is located, including, but not limited to, laws or ordinances relating to the sale, distribution, manufacture or use of controlled substances, gambling or prostitution. The ordinance may include such penalties as are necessary.

2. Notwithstanding the provisions of subsection 1, if state law requires the adoption by the City of a particular code or regulation, that, and no other, must be adopted by the City as the exclusive authority governing the subject concerned.

(Ch. 573, Stats. 1971 p. 1216; A—Ch. 723, Stats. 1973 p. 1439; Ch. 290, Stats. 1991 p. 762)

49 posted on 03/04/2004 5:23:00 AM PST by VRWC_minion
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