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Maine: No Smoking In Bars/Taverns Come September
Thetimesrecord.com ^ | 6-12-03 | Bob Kalish

Posted on 06/14/2003 10:34:23 AM PDT by SheLion

Bob Kalish, a staff reporter for The Times Record, recently spent a day at the State House with first-year Rep. Leila Percy, D-Phippsburg. What follows is his description of a day under the dome.

AUGUSTA - It's a beautiful day outside the capitol building in Augusta, but inside the talk is of smoke-filled rooms and second-hand cigarette smoke.

The bill before the House of Representatives is one that would extend the range of the prohibition on smoking in public. The proposed law, LD 1346, "An Act to Protect Workers From Secondhand Smoke and To Promote Worker Safety" is similar to one already passed that prohibits smoking in restaurants. This one would extend the ban to bars and clubs where such smoke would place employees, especially those who don't smoke, in danger.

It is more than an hour past noon and House Speaker Patrick Colwell is trying to move things along, working through the lunch hour so they can recess early. But one after another, the representatives get up and either talk about the bad stuff cigarettes can do to your health, or the bad stuff government regulations do to small business owners' pocketbooks.

Despite the bright late spring light flooding through the arched windows in the high-ceilinged room, and the newly leafed trees swaying in the breeze outside, and the growls of hunger echoing through the hallowed halls of power, the legislators listen to each other with, if not complete attention, at least patience. It's as if they understand that democracy is not always neat and tidy, but full of long pauses and incomplete sentences and late lunches.

Then Leila Jane Percy gets up and is recognized by the speaker and says: "I speak as a performer, as someone who has worked her share of smoky bars and clubs. I urge you to pass this bill."

So ended a typical day for one of the 70 representatives who are finishing up their first legislative session. It was a typical day on several counts: Representatives spoke in favor of and opposition to various bills; they met with each other to discuss their votes; and there were moments of impatience and boredom as everyone who wanted was given a chance to speak. What made it atypical was an adjournment at 3:30 p.m. during a week of sessions that ran well past the dinner hour.

Newcomers

Percy, 49, is a freshman representative from District 51, which includes the towns of Georgetown, Arrowsic, Phippsburg and Harpswell. She has never served in government before, and is a relative latecomer to politics. Out of 151 members of the Maine House of Representatives, 70 of them are, like Percy, first-timers. Some, like Thomas Watson of Bath, have backgrounds in law, which makes the transition to government a bit easier.

"I think in two areas we lawyers have an advantage over the other freshmen," Watson said. "One is in the language of government, which is similar to the language of law. The other is in parliamentary procedure. Those two fields prepare us somewhat for this job, but it still requires a learning curve."

The House of Poetry

By 9:30 a.m., when the bell rang for the session to begin, Percy had been in the building for more than two hours, having attended a caucus of representatives from rural areas that started at 7:15 a.m.

For the next two hours or so, there was a certain poetry to the rituals and protocols occurring on the floor. The speaker was in charge, of that there was no doubt. One of the strangest rituals occurred when the clerk of the House was asked to read the bill before consideration. As she began to read, the speaker, in a voice that became progressively louder and faster, said what at first sounded like a poem. It went like this:

"The gentleman from (fill in the district) moves for the reading of the bill to be dispensed with and if that is the pleasure of the House then so be it."

And a very loud gavel became the final punctuation. The clerk, unmoved, calmly folded the legislation up and took her seat.

One time during the ritual the gallery was full of school children, who giggled at the sight of two grownups trying to out-yell each other.

Once upon a time, bills had to be read in their entirety because there were no fax machines or copiers or even typewriters. Now the reading of the entire bill is dispensed with.

The role of lobbyists

During a recess Percy and two other freshman representatives, Troy Jackson from the town of Allagash and Nancy Smith from Monmouth, sit and talk at a picnic table in the bright sunshine outside the cafeteria. They are eager to tell their stories to a reporter, to talk about what they have learned and what they have done and how they feel.

Jackson looks uncomfortable in a suit, his first, which he bought days after the election. He has the boyish looks and the straight hair of the boy who played Alfalfa on "The Little Rascals": a Maine version of "Mr. Alfalfa goes to Washington."

"I ran and won against a Democrat," he says. "Up there, there's only one party."

"Tell what happened with your bill," Percy suggests.

Although somewhat reticent, he says his main purpose in running for the Legislature was to help his fellow loggers, and the legislation he has expended most of his energy on was a bill to provide collective bargaining rights to certain forest products workers.

"Anyway," he says, "the bill was making its way through the process and it looked like we had enough votes to carry it."

What happened next made an impression on him he'll remember forever.

"Basically," he says, "what happened was the lobbyists from the forest products industry came down and began doing what they do. Lobbying."

He stops.

"That bill would have given the loggers a choice to go before arbitration with the landowner. It leveled the playing field."

He pauses, then continues: "The bill is dead. We lost nine votes after the lobbyists were through."

Percy shakes her head.

"It's not dead, it's tabled and will be brought back next session," she says.

The power of the lobbyists is what has surprised Rep. Nancy Smith the most.

"I seldom get lobbied personally," she says, "but I've seen others swayed by them."

One of the consequences of term limits is the tremendous number of freshman representatives who are sometimes at the mercy of lobbyists because the lobbyists are the individuals who know the most about certain subjects.

Percy says she has managed to avoid too much dependence on them.

"What I've done is found who are the people with expertise," she says. "The 'upperclassmen,' so to speak, who have knowledge about a particular issue. You go to them and you ask and they explain and you come away with enough knowledge to make up your own mind."

But it doesn't have to be upperclassmen. She mentions the time Watson distributed a sheet of paper with a primer on worker's compensation. Even though he is a freshman representative, he's also a lawyer with a lot of experience in the field of workers' rights. He shared that knowledge with his colleagues.

Smith says she has learned who to trust over the past four months, and she goes to them when she is unsure of the meaning of a bill or how it will affect her constituents.

Percy agrees.

"Just to be able to meet with a few other freshmen," Percy says, "and say 'God, what was that all about?' helps tremendously. Because it can really be overwhelming all the knowledge you're supposed to have at your disposal."

"It's a big chess game," Smith says, "and you have to think about five moves ahead."

Corridors of power

At lunch, Watson says the big surprise for him was the amount of time the process takes.

"I had no idea the time it would take," Watson says. "But you know the great thing about this process, everyone gets their say, everyone has his or her day."

Watson says the real work takes place in committees or in the halls outside the chambers. That's where legislators talk to each other and the lobbyists are available to answer any questions about their clients' interests.

Spending time in the hallways, you come to know the meaning of the term, "corridors of power." The scene is like one of those Richard Scarry children's books. The men are dressed in ties and jackets, the women in suits or skirts, and everyone has something in their hands — either a briefcase, a manilla envelope, a cup of coffee or soft drink. Lots of huddles, lots of animated conversations.

Lunch is at a hole-in-the-wall on the main floor of the State House. The decor consists of a couple of Formica tables and a counter, and Red Sox and Celtics posters on the wall.

Other legislators, deciding not to wait in the long line at the cafeteria one floor below, are eating here, too, or taking a sandwich with them. This is no high-on-the-hog buffet or two-hour lunch; it's where busy legislators and state workers grab a quick bite.

"What surprised me," Watson says, "is that you feel you can make a difference even in your first year. Leila has made a difference already (by supporting a bill that would help working fishermen on their property taxes) and so have a lot of freshmen."

Watson is another newcomer who made his presence felt early. During the early stages of the session a bill was in the works to make a statement against the impending war with Iraq. The bill looked like a shoo-in, but Watson, a Vietnam veteran, got up and said he couldn't support the bill as written. He was a lone voice among Democrats in voicing concerns about the effect the bill wou ld have on military families in Maine.

The bill was rewritten before it made the rounds again.

What is frustrating him now is the apparent lack of any bills addressing tax reform.

"One of the reasons I'm here is tax reform," he says. "That was what I said when I was campaigning. But there's a week left and we haven't seen any bills yet. It's very frustrating because I think we need a competing choice on the referendum besides the MMA bill (the Maine Municipal Association bill that would require the state to fund 55 percent of education costs for each school district in Maine)."

Representatives like Watson, Percy, Smith and Jackson are not in Augusta for the money. Representatives get $10,000 the first session and $9,000 the second. Hardly a killing.

As for LD1346, "An Act to Protect Workers From Secondhand Smoke and To Promote Worker Safety," it passed the House by a vote of 95-47 and will take effect 90 days after adjournment, by which time smoking will be prohibited in bars.


TOPICS: Activism/Chapters; Culture/Society; Government; US: Maine
KEYWORDS: antismokers; bans; butts; cigarettes; individualliberty; niconazis; prohibitionists; pufflist; smoking; smokingban; smokingbans; taxes; tobacco
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To: Flurry
Maine was like a cold Alabama with lobster back then. Now it has turned into pile of crap. Get out .."

Alabama/Maine: No comparison to the beauty wherever you travel within the state of Maine. You don't ski and get to old to take the winter temps then you go south for the winter. Not me..Beautiful change of seasons. You ski..it's awesome. The magnificent beauty of the rock bound coast of Maine, treking up into the mountains for the day, secluded lakes for canoeing or fishing, quiet tucked away beaches dotting the coastline or sitting high atop a ledge looking out at the horizon..am I in love? Yes..with Maine. It can't be compared to any other state. Would stay and fight before I 'get out' as you say..with my tail between my legs. Even those Mainers on here who are disgusted with laws such as the body of the commentary, I 'believe' love Maine as much as I do. Alabama...I don't think so!! ;)

41 posted on 06/15/2003 8:27:32 AM PDT by fight_truth_decay
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To: FixitGuy
Great comment! LOL
42 posted on 06/15/2003 8:57:22 AM PDT by buffyt (Don't bother me, I am living Happily Ever After!)
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To: Thebaddog
"Send another shipment of tofu and Heather has two Mommies books up to the People's Republic of Maine. Universal health care and serious behavior modification statutes are ruling the day"

Indeed. . .a once fine state. . .on it's way to a socialist ruin. . .

. . .any lonely Freepers up there?

43 posted on 06/15/2003 10:22:38 AM PDT by cricket
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To: Tumbleweed_Connection; SheLion
FOOD. Think i'm kidding? Read this.


http://www.freerepublic.com/focus/f-news/928622/posts
44 posted on 06/15/2003 10:32:12 AM PDT by swarthyguy
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To: Leisler
And let's not forget Der Fuehrer's outstanding work for gun control.
45 posted on 06/15/2003 10:53:13 AM PDT by Kenny Bunk
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To: SheLion
Petty Tyrants.
46 posted on 06/15/2003 11:25:54 AM PDT by BenR2 ((John 3:16: Still True Today.))
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To: SheLion

47 posted on 06/15/2003 11:32:04 AM PDT by Fraulein
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To: Kenny Bunk
Also,

Fresh air summer camps for kids.
Support for stay at home moms.
Public works of all kinds.
Large Public/Private partnership with hooked up industrialist and unions.
Public funding of the arts.
Liked dogs.
etc...
48 posted on 06/15/2003 11:47:21 AM PDT by Leisler
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To: fight_truth_decay
Japan is thinking of taxing money. You got 5 grand in cash, or savings account, or in a coffee can? Get taxed. Not on the intrest, but the amount.

Frankly, I don't see this as any difference than the thugs taxing your house or car every year. But what do I know.
49 posted on 06/15/2003 11:50:23 AM PDT by Leisler
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To: SheLion; headsonpikes
It ticks me off that no one seems to be able to crack the code.
50 posted on 06/15/2003 2:37:33 PM PDT by metesky (Argumentum ad ignorantiam)
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To: fight_truth_decay
The woods are full of lesbians. Get out. GET OUT NOW!!!!!
51 posted on 06/15/2003 3:41:40 PM PDT by ricpic
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To: SheLion
And in our grammar schools and high schools, drugs are easily attainable and used. I once asked a high school principal I know, why they can't get drugs out of schools. She was honest in her reply which was "We are too afraid of the dealers". And I will never forget a 10-year old, when asked by his mother, in my presence, "Billy, are there drugs in your school" and Billy replied "Yes, they are all over the place". And this was a school in an Upstate New York Village - not a ghetto school. Go figure.
52 posted on 06/15/2003 5:09:32 PM PDT by maxwellp (Throw the U.N. in the garbage where it belongs.)
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To: ricpic
My woods are Posted. ;)
53 posted on 06/15/2003 5:26:00 PM PDT by fight_truth_decay
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To: The Great RJ
Why don't they stop acting like hypocrites and ban the sale of cigarettes as well as the consumption? After all, why flood the area with something that can't be used?
54 posted on 06/15/2003 5:28:17 PM PDT by Bernard
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To: SheLion
The liberals feed their sense of righteousness and power by passing laws that control our behavior and thoughts. Our only defense against their assaults on our liberties is the ballot box. Let's throw the bums out!
55 posted on 06/15/2003 5:37:45 PM PDT by WaterDragon (America the beautiful, I love this nation of immigrants.)
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To: fight_truth_decay; All
Smokers simply went elsewhere. No, they still skied during the day (a recreational mindset) and still crowded the bars into the night.

Skied Whistler early April, went into a bar after skiing to find it was non-smoking and left. My nephew and his buddies stayed.

Enjoyed my martinis and cigarettes in the privacy of the condo. A personal rights mindset....

Did the bar suffer from my absence? No, but they certainly didn't prosper from the approximately $75 I probably would have spent......

You see, the fact that most nico-nazi's are ignoring is that they profess to be speaking for the entire non-smoking community when in fact, that non-smoking community could care less whether or not I smoke in the bars they frequent. Each and every non-smoking friend or aquaintence I have has absolutely no problem with smokers and thoroughly enjoy the smoking bars we hang out in.......

Sooner or later these self absorbed anal-retentive nico-nazis are going to learn how to relax and have fun. On the other hand, maybe not..........

56 posted on 06/15/2003 6:11:29 PM PDT by Hot Tabasco (Over 30 years of dealing with stupid people and I still don't have the right to just shoot them.....)
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To: fight_truth_decay
I've been there but, I've also been to Canada. If I were a native of either, I'd fight too but I just don't see how it has changed so much. I can only think that Maine like many southern states has been overrun with outsiders. Outsiders who came there for it's beauty. Outsiders who want to teach the natives how to live. Outsiders who need to be pushed back out to be OUTSIDERS.
57 posted on 06/16/2003 4:30:59 AM PDT by Conspiracy Guy (I'm not mad, red is my natural skin color.)
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To: SheLion
I wonder if the legislators who throw together these sorts of statutes ever stop to wonder why there weren't smoking bans on private property for 200-something years. Do they figure all the politicians who came before them were just "stupid," or too "chicken" to take the brave step they've now taken?

Clouds of cigarette smoke are no more yucky in 2003 than they were in 1953. The self-inflicted dangers of smoking aren't any more evident now than they were 20 years ago. So which part of the equation has changed, making this legislation possible?

It's simple: the erosion of respect for property rights. We've let enough other infringements occur over the years that when something like this pops up, it can just slide right through and into place.

Makes you shudder to think what will slide into place next. Because each infringement only makes greater ones possible.

The worst thing is, most Americans are likely to be complacent about this stuff -- or will even applaud it. Most now take for granted that our legislators are there to design the optimum society for us all, to keep tweaking and tinkering to manipulate things for the "greater good." This mindset is entrenched now in the language of political campaigns: voters demand to know how the president will "manage the economy," or how their state senator will be "working for us all."

It's the language of socialism, just as smoking bans are acts of socialism. And socialism, via the mechanism of democracy, has won.
58 posted on 06/16/2003 6:17:46 AM PDT by wizzler
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To: SheLion
Another failure on the part of smokers to make their case. When will they change strategy ? Its almost too late.
59 posted on 06/16/2003 8:02:58 AM PDT by VRWC_minion (Opinions posted on Free Republic are those of the individual posters and most are right)
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To: cake_crumb
You hit THAT right on the head! You couldn't of said it any better! They are going after the gunmakers now, don'tcha know? They will be leaving the smokers alone for a bit, now.
60 posted on 08/24/2003 8:53:10 PM PDT by cannonballrunner
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