Posted on 06/27/2002 9:01:08 AM PDT by rwfok
New rules that restrict smoking in thousands of Oklahoma restaurants and indoor workplaces were signed into law Wednesday by Gov. Frank Keating, who said excessive tobacco use keeps the state unhealthy and poor.
"These rules are fair. Secondhand smoke shouldn't be wafting over our children," Keating said at a state Capitol news conference.
The anti-smoking regulations take effect Monday, but state Health Department leaders said full compliance will not be enforced until later in the summer.
The Oklahoma Restaurant Association plans to file a lawsuit today in Sapulpa to block the regulations.
"This is a glaring example of why citizens often are frustrated with government. Individual rights of voters are being denied and economic damages incurred without accountability," Benny Vanatta, association government relations director, said late Wednesday.
Vanatta said a temporary restraining order will be sought in a Creek County District Court legal action, with Sapulpa restaurateur Ed Slyman, operator of Freddie's Barbecue and Steak House, as the plaintiff in a lawsuit.
The anti-smoking rules require restaurants, bars, pool halls, bingo halls and bowling alleys to be designated as either entirely smoking or completely smoke-free, or allow smoking only in designated rooms that are enclosed and properly ventilated so that secondhand smoke is not circulated "in any manner" to a nonsmoking area.
Indoor workplaces, including lobbies and areas of public access, will be smoke-free or have the same ventilation standards as restaurants.
Hotels and motels may designate up to 25 percent of their rooms for smoking, but their lobbies must be smoke-free.
Exempt from the regulations are restaurants with a seating capacity of less than 50; indoor workplaces with 15 or fewer employees; and private offices.
Keating, wrapping up his second and final term as the state's chief executive, said the measures are "good for business and good politics," and don't violate the spirit of existing state law governing smoking.
The governor said the new rules "are a substantial first step toward a healthier Oklahoma.
"In the era of my mother and father, you were puffing on a cigarette as you were changing the baby's diapers," Keating said. "And mercifully, that kind of conduct is over -- it is a thing of the past.
"Today, people will riot on an airplane if you take a cigarette out and light it up. Just a few years ago, that would not have been possible."
Keating said Oklahoma's attitude toward smoking is changing along with the rest of the nation's.
"I would urge those who indulge to stop smoking. Discourage others from smoking. Be considerate of the health care concerns of your neighbors and friends. I hope that Oklahoma's public, and especially our children, will be healthier and live longer lives," Keating said.
State Health Commissioner Dr. Leslie Beitsch, contacted while vacationing in Maine, said he was "absolutely thrilled ... by the governor's courage to make Oklahoma a healthier place."
Beitsch said Oklahoma "still has a lot more work to do."
The commissioner said he plans to push for a $1-per-pack hike in the state cigarette tax and a more concerted effort to crack down on stores illegally selling cigarettes and tobacco products to minors.
One of two key legislative allies behind the anti-smoking rules, state Sen. Ben Robinson, attended Keating's news conference.
Robinson, D-Muskogee, said he hopes the Legislature accepts the rules and lawmakers don't attempt to overthrow them in the 2003 session.
"It was hard to get them in. It will be even harder to take them out," Robinson said.
Regulations originally were proposed by the state Board of Health but not passed during the 2002 legislative session.
Keating said although the rules become effective Monday, he urged Health Department regulators to be "sensitive" in enforcement actions until later in the summer.
"It is June 26, and there is no way that people can build separately-ventilated rooms in a week's time, but we are asking these owners to begin ratcheting down.
"We are leaving the smaller restaurants alone, for now, because to go after them would be too large of a stone to swallow. It was better to focus on the larger restaurants as a first step to good health. We hope the smaller restaurants will go smoke-free, too, but they are not required to go there under these rules."
Health Department chief attorney Gary Gardenhire said the agency intends to create a toll-free number that business owners can call for guidance on the new rules.
Dr. Ron Graves of Ardmore, state Board of Health president, said, "For the first time, the nonsmoking public will truly breathe clean air in public places."
Vanatta said Keating exceeded his statutory authority and appointees on the Board of Health circumvented the legislative process.
The anti-smoking rules, Vanatta said, "will have a devastating economic impact upon hundreds of small businesses in Oklahoma."
Sorry, this is what I've been saying needs to happen. Read the bolded part.
Let the free market prevail. It shouldn't take a law, but if this is the way it goes then so be it.
Anyone in Oklahoma want to start a 'smokin' bar?
"These rules are fair. Secondhand smoke shouldn't be wafting over our children," Keating said at a state Capitol news conference.
I still don't like this. "It's for the children."
While it is better than an outright ban, it is just the first step down a slippery slope that leads to a complete ban on smoking in any venue that caters to the public at large. The incremental steps that this jihad has taken are clear to any observer.
I will only frequent an establishment that respects my rights to engage in a lawful activity. Once OSHA completes their campaign to stamp out smoking in public, which I believe will be sooner rather than later, I will do all of my smoking and drinking at home. I bet that a number of others will do the same. Watch as these businesses flounder from the loss of their core patrons.
"It's for the children" just doesn't float when we're talking about a business where it is unlawful for minors to be in the establishment to begin with (i.e. bars, pool halls that serve alcoholic beverages). Every time I hear that term, it just makes me want to scream. Keating can go pound sand. I regret that I voted for this RINO, twice.
On one hand, I'm somewhat encouraged. My sheeple co-workers, who could not be bothered with the outright corruption exhibited by the past administration, are now up in arms at the loss of one of their freedoms. It was the perfect opportunity for me to impress on them that they need to register to vote and let their feelings be known at the ballot box. The only problem is that it is getting harder and harder to find a politician who will not knuckle under to the hype and propaganda that is currently being displayed by the agents of the left.
I agree that it is an incremental step.
The thing is, I believe this to be the only compromise that has even a CHANCE of working.
It also falls in line with the business owners property rights. That is something else I've been calling for.
I think the time is long past to stop the slide down the slippery slope altogether when it come to cigarettes and smoking in a business.
Their scare-mongering tactics and outright lies reveal that they have no intention of declaring victory until every last smoker is hounded into submission. Half the anti's are Polly Purebred do-gooders who believe they know what is best for everyone. The other half appears to be in it for the money.
These silly rules were passed after circumventing the Oklahoma legislature, who nixed similar restrictions just a couple of months ago. The head of OSHA, after succeeding in his little coup, is quoted in this article as saying that Oklahoma "still has a lot more work to do." They're not done, not by a long shot.
Are you sure that was the head of OSHA? Could it have been the state commissioner of health, Dr. Leslie M. Beitsch?
Oklahoma: Limits on smoking draw fire
Oklahoman Editorial: Dr. Beitsch, Heal Thyself
A few years ago, the airlines gave away complementary packs of cigarettes to the passengers on board, and most of the pilots and stewardesses smoked. But that was back when flying was fun, and there were no security measures(and when there was no loss of life due to hijacked airplanes either)
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.