June 21, 2004

Senate committee to consider bill to ban

smoking in public restaurants


LANSING, Mich. (AP) — A state Senate committee will consider a proposed ban on smoking in public restaurants, but opposition from business groups and others makes the bill's approval a tough sell, especially in Michigan's struggling economic climate.

After a 16-month wait, a Senate committee on Tuesday will hear testimony from supporters and opponents of the legislation to prohibit smoking in restaurants. It would exempt bars that take in less than 30 percent of their income from food, along with bowling alleys, private clubs and fraternal groups.

Democratic Sen. Raymond Basham of Taylor said it's time that Michigan address a serious public health problem. Some 2,500 people in the state die from the effects of secondhand smoke each year, state health officials say.

"This will save lives," said Basham, the bill's sponsor. "It's not a nuisance issue. It's a public health issue."

But Basham has failed to win backing from the Republican chairman of the Senate Commerce and Labor Committee, Sen. Jason Allen of Traverse City. The legislation has also run into resistance from the 4,500-member Michigan Restaurant Association.

Restaurants, not government, should decide whether to ban smoking because customers ultimately drive the market by choosing where they want to eat, said restaurant association spokeswoman Kristyn Sorensen.

"The marketplace is doing a great job of regulating itself," Sorensen said, adding that thousands of Michigan eateries already choose to be smoke-free. "It's not our job to serve as the smoking police."

Opponents say the legislation would hurt the $11.3 billion food service industry and cost some of its 350,000 restaurant workers their jobs.

But Basham argues that many restaurants can't do away with smoking sections for fear they might lose business to the eatery next door. He also says most smoke-free restaurants serve fast food and aren't spots where patrons sit and eat for an hour.

A restaurant smoking ban exists in seven other states — New York, California, Connecticut, Utah, Vermont, Delaware and Maine. At least 200 cities and counties in other states have individual bans in place as well, with hundreds more considering similar moves.

Allen supports the idea of smoke-free dining but doesn't like a state mandate that would outlaw smoking, said Jeremy Hendges, Allen's legislative director.

"There's a tough line to walk between the rights of private businesses and the citizens who patronize those establishments," Hendges said.

He says Allen could support an alternative that provides incentives for restaurants to go smoke-free.

Opponents complain that restaurants serving mostly food during the day and alcohol by night — sports bars, for example — would be hurt severely while other businesses would be unaffected. "Why has (Basham) excluded bowling alleys and private clubs?" Sorensen said.

"Why is he unfairly targeting restaurants?"

The smoking bill is Senate Bill 186.

On the Net
Michigan Legislature:
http://www.michiganlegislature.org
Smoke-free dining site: http://www.smokefreediningpetition.com


Copyright 2010 by Michigan Restaurant Association 800-968-9668

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