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(Delaware) Smoking ban fires up opponets
The Delaware Business Ledger ^ | August 2002 | Diane Cook

Posted on 08/12/2002 8:54:20 AM PDT by Gabz

Smoking ban fires up opponents

When State Rep. Robert F. Gilligan, D-Sherwood Park, had to make a "yes" or "no" decision on SB 99, the Clean Indoor Air Act, he didn’t have to think too hard or too long. Since both his parents were victims of cancer and his 46-year-old brother died of lung cancer, the beliefs of the minority leader of the House’s vote were clear.

"I have always voted anti-smoking, "he says. "No one needs to inhale others’ smoke. It’s a health issue, not an economic one."

Not everyone would agree with Gilligan’s view on health vs. economy. But agree or not, in November smoking in public places in Delaware will be illegal.

A bit of history

"Smoking ban legislation has been around for 20 years," Gilligan says. "It’s been debated for decades. I can remember when the Christiana Mall went smoke free people said it was impossible. But they did it. The same with state buildings, and they’re smoke free too."

"The bill was introduced into the Senate in 2001," says Donna D. Stone, R-Dover South. "After being tabled a couple of times with a couple of amendments that exempted casinos, taverns and bars, it got worked in the House. There was tons of controversy about it because the hotels weren’t happy and the restaurants weren’t happy."

During its legislative life, the bill went through numerous transformations. "People were looking for solutions," says Nancy H. Wagner, R-Dover. "And it wasn’t politics. I think we were really trying to solve this thing. Then there were the amendments. In one amendment, Joe Miro (R- Pike Creek Valley) said to post on the door whether it was smoking or nonsmoking. The legislation finally got put on the agenda with 17 amendments. We could not get a handle on the amendments in the House. It was such a mess that the House decided to take everything off and make it level. The House voted to send it back to the Senate so they could start again and level it all."

Stone says that the bill’s two sponsors, Rep. Deborah D. Hudson, R-Fairthorne, and Rep. Robert J. Valihura Jr., R-Talleyville, worked from June 2001 through March or April 2002 to achieve get a compromise accomplished. "A level playing field" seemed to be the biggest area of contention. That leveling ultimately meant not exempting anyone.

A grass roots effort

During the process, those in favor of the bill kept their wishes before their legislators.

"They kept working the bill and putting it off," Wagner says. Proponents of the bill "would put out big press things but it would die. People who belong to interest groups like the Heart Association and Cancer Society were extraordinarily active. We were getting these cards in the mail with people’s names and addresses supporting the bill. It was a tremendous grass roots effort."

Stone concurs. "I have to give a lot of credit to the grass roots organizations who took this up and ran with it," she says. "In my eight years in General Assembly, I have never seen a more focused or more active group of people who supported SB99. We received telephone calls, email, direct mail, and green postcards. I got those postcards for a year. We pay attention to that. It is very important to us as representatives to know what our constituents think of an issue."

Gilligan continues to receive feedback. "Delaware Park is in my district," he says. "People don’t seem to be too upset. Since the vote, I’ve received three phone calls and no mail in opposition to it. I have received more than 30 phone calls and many letters and comments in support the smoking ban."

Concerns

Now that the dust has settled, questions are arising about enforcement and economic impact.

"Massachusetts passed a similar law," says Wagner. (Pedestrians) got so tired of people coming out from bars onto the street to smoke, that the legislators repealed it. We don’t know all the ramifications of this law as we move forward. Given time, the marketplace is going to take care of it."

The Central Delaware Chamber of Commerce took a strong position against the smoking ban, says executive director Jeannette Wessel. "We are concerned about Dover Downs, but we’re just as concerned about the little taverns, bars, and restaurants. Once those businesses are gone, you are not going to get it back. I think they put the cart before the horse because no economic study had been done on this legislation."

Rich Heffron, senior vice president for government affairs for the Delaware State Chamber of Commerce, concurs that the legislation’s impact remains unclear.

"We as a state chamber did not take position because we had members on both sides of the issue," he says. "There have been all sorts of numbers (connected) with impact. Any major change and restriction affects the business climate. Now we will have to sit back and see the real numbers. If the numbers are drastic, by the time we find out it will be too late to recover lost income."

Denis McGlynn, Dover Downs CEO, one of the legislation’s biggest opponents, has concerns about how he will enforce the law at the sports and gaming complex.

"We have security, so it’s not like we can’t enforce it. But the thought of the ‘smoking police’ dragging out customers is not appealing. The bigger question is how they are going to enforce it throughout the state and who’s going to pay for that enforcement. I don’t know how many bars and taverns there are across the state, but there are more than any current enforcement agency can man. So what do we do now? Hire a cadre of smoking police to make it work? I don’t think the whole thing was thought through very well."

Whose rights?

"When you ask folks if they support a ban, 75 percent of the people say yes and 25 percent say no," says Stone. "That’s the exact percentage of the smoking vs. nonsmoking population

The question ultimately centered on whose rights prevailed, those of the smoker or those of the nonsmoker.

"The person sitting next to you has the right to breathe clean air," Stone says. "What everyone has lost focus of on this bill in the end is that the discussion became focused on dollars. This bill was never about money. This bill is about health and in a state where we are all ashamed of our cancer rate and our cancer death rate. Perhaps this will help us with those numbers. "

There are two sides to personal rights, Gilligan says. "I have a right to have my insurance rates as low as possible," he says. "People smoking increase that cost. People should get their facts straight. The smoking ban is not an economic issue. Many have told me (non-smokers) will go to Delaware Park who did not go before."

The economics

Based on seven-month figures released by DEFAC -- $11 million into the general fund in FY 2003 – McGlynn says the real impact totals $20 million or as much as $57 million. This represents a fraction of the lost revenue his company will experience.

"The impact on the general fund is a reflection of the impact on our business," McGlynn says. "The general fund shares in our business. It’s because our business is likely to be impacted that the general fund is to be impacted."

More specifically, many gamblers smoke. Those who chose to smoke will most likely exercise their option to visit sites that will accommodate their desires.

"Half our customers smoke," McGlynn says. "And 84 percent of our customers come from out of state. If they can’t smoke here, they’ll go to where they can in West Virginia or New Jersey.

Passions run high on both sides of the issue as the bill’s November implementation date draws closer. But supporters say this new law serves a higher purpose in limiting people’s exposure to smoke from cigarettes, cigars, and pipe tobacco.

"If this (law) causes a person to lose an election, then it’s better to lose an election and to save people’s lives," Gilligan concludes. "I don’t think it’s going to affect people they way they think. A lot of people don’t go to bars and taverns because they don’t want to smell the smoke. It all opens up a new level of clientele."


TOPICS: Activism/Chapters; Business/Economy; Culture/Society; Front Page News; Government; Miscellaneous; News/Current Events; US: Delaware
KEYWORDS: antismokers; bans; delaware; nannies; propertyrights; pufflist; smoking
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To: Gabz
"You're weird."

Who's not?
21 posted on 08/12/2002 9:53:09 AM PDT by Born to Conserve
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To: Just another Joe
A lot of people don't go to bars and taverns because they don't want to smell the smoke. It all opens up a new level of clientele."

BWAHAHAHAHA! And takes away a lot of PREVIOUS clientele

Plus, this smoke smells is becoming bogus. What with the huge smoke eaters that restaurants and bars have installed, they pull out smoke and ANY stale smoke smell today.

Big smoke eaters leave the air as clear as glass. It's just the fact that some "prissy nose anti smoker" gets all bent out of shape just when they SEE someone smoking!

This argument can't fly, anymore.

22 posted on 08/12/2002 9:53:32 AM PDT by SheLion
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To: SheLion
Can not leave that one out!!!

I just sent you the bumper stickers I told you about yesterday via regular email. have at'em, my friend!!!

23 posted on 08/12/2002 9:54:10 AM PDT by Gabz
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To: Just another Joe
If you want to legislate morality you are as bad as any liberal demoncrat out there.

I've run into Born to Conserve before, Joe. He is one evil character. VERY evil. I am ashamed to say he is in our camp............or.........is he........


24 posted on 08/12/2002 9:57:16 AM PDT by SheLion
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To: Born to Conserve
Oops, Fruedian slip.

Make that:

"Salary." I guess that means you still have to work?

25 posted on 08/12/2002 9:58:22 AM PDT by Born to Conserve
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To: Gabz
What most people don't understand is that the slots operations at the 3 race tracks in Delaware are controlled by the state Lottery and the state gets 35% of the proceeds. That's a big chunk of change.

Gabz, this total ban will be very interesting. I feel really sorry for the people who smoke there, but since you CAN go across the state lines, I'd LOVE to see Delaware fall flat on this face with this one.

I'd love to see it dry up and blow away! (Then the winds would blow you and your family out of that state, Gabz! How does THAT sound??)

26 posted on 08/12/2002 10:01:59 AM PDT by SheLion
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To: Born to Conserve
Oooo! A nibble!

You already got a full, pole bending strike from me.
What's up? Don't want to debate the health issues of ETS on a fact/scientific study basis?
Or is it all about what you don't LIKE?

27 posted on 08/12/2002 10:04:58 AM PDT by Just another Joe
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To: SheLion
Well, I'm not a Libertarian, but I prefer their conversation-debate-arguement-feud over Democrats' any day.
28 posted on 08/12/2002 10:05:30 AM PDT by Born to Conserve
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To: Gabz
"If this (law) causes a person to lose an election, then it’s better to lose an election and to save people’s lives," Gilligan concludes. "I don’t think it’s going to affect people they way they think. A lot of people don’t go to bars and taverns because they don’t want to smell the smoke. It all opens up a new level of clientele."
Listen, hemmorhoid, if that's so true, why don't you open a no-smoking bar in a busy entertainment district and put your money where your mouth is.

Oh that's right....the definition of a politician is someone who puts other peoples' money where his mouth is.

-Eric

29 posted on 08/12/2002 10:09:17 AM PDT by E Rocc
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To: SheLion
I am ashamed to say he is in our camp............or.........is he........
A statist is a statist is a statist. The only difference between the "liberal" and the "conservative" ones is the type of personal whims they wish to make into law.

-Eric

30 posted on 08/12/2002 10:11:42 AM PDT by E Rocc
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To: E Rocc
A statist is a statist is a statist. The only difference between the "liberal" and the "conservative" ones is the type of personal whims they wish to make into law.

Well, now, THAT'S scary. You mean there is another group out there that we have to arm ourselves against?

God in Heaven, what's next!

31 posted on 08/12/2002 10:16:27 AM PDT by SheLion
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To: Gabz
I just sent you the bumper stickers I told you about yesterday via regular email. have at'em, my friend!!!

Gabz! I had my email size set to 112k, so I didn't get them. Please send again. I removed the size so I can get them from you. Send again, please!!!

32 posted on 08/12/2002 10:20:00 AM PDT by SheLion
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To: Born to Conserve
"Oops, Fruedian slip."

Your charming insouciance is nicely tempered by your unctuous smarminess.

Chalk another one up to no father in the home, I reckon.

Smoke 'em if you got 'em, folks....and you, 'Born to Enslave', can go try to grow a pair.
33 posted on 08/12/2002 10:26:01 AM PDT by headsonpikes
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To: SheLion
(Then the winds would blow you and your family out of that state, Gabz! How does THAT sound??)

works for me!!!

34 posted on 08/12/2002 10:31:58 AM PDT by Gabz
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To: headsonpikes
Smoke 'em if you got 'em, folks....and you, 'Born to Enslave', can go try to grow a pair.

Ok! Thanks!!


35 posted on 08/12/2002 10:32:56 AM PDT by SheLion
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To: E Rocc
Interesting thing is that one of the 3 race track/casino venues is in his district and it is VERY close to the state line. It's also only about an hour from atlantic City.

If What is being said about Dover Downs winds up even being half true - Delaware park will be in even deeper trouble - as it brings in even more than DD.

What everyone is failing to acknowlege is that this ban goes into effect the day before Thanksgiving. Numerous places have already started reporting loss of previously booked holiday parties.

The fire halls and Elks and Moose Lodges are getting those parties now.

36 posted on 08/12/2002 10:37:15 AM PDT by Gabz
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To: Born to Conserve
"Smoking and peeing in public should both be banned. They're both unhealthy, they're both smelly, and they're both done by inconsiderate losers. "

You tell um Hillary!!!! The only smelly inconsiderate losers allowed in public are creepy communist witches like you right 'Born to Emulate Stalin' er.. Conserve? oops LOL

By the way, what are you conserving? The colony of bacteria and insects that have taken up residence in 'Old Crusty'?

37 posted on 08/12/2002 10:41:26 AM PDT by monday
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To: Gabz
Interesting thing is that one of the 3 race track/casino venues is in his district and it is VERY close to the state line. It's also only about an hour from atlantic City.

If What is being said about Dover Downs winds up even being half true - Delaware park will be in even deeper trouble - as it brings in even more than DD.

It's probably also one of the bigger employers in his district. Hopefully those employees and their families and friends will remember this at the next election.

I could design the commercials myself. Empty parking lots and no smoking signs in the local venues, full lots (zooming in on Delaware plates) in the out of state ones.

Of course the Nannies would say this means we need a national ban.

-Eric

38 posted on 08/12/2002 11:22:45 AM PDT by E Rocc
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To: E Rocc
Of course the Nannies would say this means we need a national ban.

That is EXACTLY wha the antis would say.

39 posted on 08/12/2002 11:35:56 AM PDT by Gabz
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Comment #40 Removed by Moderator


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