Up in smoke

May 10, 2009

The Great Smoking
Ban Debate
Lansing weighs pros & cons of seven anti-smoking bills
By Rick Coates 5/11/09.

There is much speculation coming out of Lansing that Michigan might finally join the ranks of 30 other states and ban smoking inside restaurants and bars. While the focus of this debate is centered on eateries and watering holes, the proposed bills are actually for the elimination of smoking inside of any public place as well as public and private worksites.
In 1984, Garrison Keillor wrote a fictional tale for The New Yorker titled “End of the Trail” a humorous account of “the last cigarette smokers in America.” His parody is based on a fictitious 28th Amendment to the United States Constitution that banned smoking. The story chronicles five people -- who apparently are among the last cigarette smokers in America -- hiding out and “located in a box canyon south of Donner Pass in the High Sierra by two federal tobacco agents in a helicopter who spotted little smoke puffs...” Federal agents were sent in to apprehend the five who were later sentenced to write 20,000-word essays.
While Keillor’s humorous take from 25 years ago on the possibilities of a total ban on smoking in America seemed unrealistic then, one must wonder today if such a concept will become a reality. Especially in light of smoking bans in public places mandated by law and now in effect throughout the country. Even the anti-smoking movement believes that it is unrealistic to believe that smoking will ever become illegal and their efforts are better spent eliminating smoking from public buildings and workplaces.

THE WILD CARD
No one is debating the fact that smoking is harmful to your health. But like a lot of things that are harmful it remains legal. The debate in Michigan is centered on two viewpoints and one “wild card.” The position of those who are opposed to the any type of ban is about “choices” versus “public health” the position taken by the anti-smoking organizations and other public health groups. The “wild card,” and probably the reason legislation has not been enacted in Michigan, is because of the casinos -- particularly the casinos owned by Native American tribes -- who are sovereign nations and would not be mandated by a smoking ban law. This would essentially give them a competitive advantage over other casinos and entertainment venues in Michigan.
Lisa Danto is the coordinator for the Traverse Bay Area Tobacco Coalition, an organization whose mission is “to reduce tobacco use and exposure to tobacco smoke within Benzie, Grand Traverse, and Leelanau Counties, through advocacy, education, and awareness.” Danto has been active in the movement since 2003, and while legislators have been dragging their feet, she and others have not. She has helped to spearhead 279 restaurants and bars in a three-county area to eliminate smoking 100% from their establishments.
“It is our biggest accomplishment as an organization. In fact Traverse City leads all Michigan cities with the most smoke-free restaurants and bars, and Grand Traverse County with 203 establishments now smoke-free ranks in the top 10,” said Danto. “Sure, I know some would argue that based on our success of these establishments voluntarily imposing a ban that legislation is not needed. I disagree completely.”

PROTECTING HEALTH
Danto and others believe legislation is needed to even the playing field and to protect the health of all employees and patrons of restaurants and bars.
“We don’t ask restaurants to voluntarily practice safe food-handling practices. These are legislated. Everyone is required to follow the same laws to insure that employees and customers are working and being served in a safe environment,” said Danto. “So if we know that smoking is harmful to your health and causes numerous illnesses and diseases, then why are we allowing this in the workplace, exposing employees and others to these harmful effects?”
The answers are complicated, which is the reason why several previous attempts to ban smoking in public places, particulary in the workplace, have stalled in Michigan.
Mike Nolan has operated Nolan’s Tobacconist for 30 years in Traverse City. He is president of the association that represents 38 cigar shops in Michigan and is frustrated on two counts, “the unwillingness of compromise” by groups who oppose smoking, and “taxes.”
“I’m not sure what is worse, the proposed ban or the taxes I pay that puts me at a competitive disadvantage with shops in other states who are not subject to these taxes and are able to ship cigars into Michigan directly to the consumer and avoid the taxes,” said Nolan. “As for the ban, the opposition is unwilling to support any compromises, including allowing establishments to install technologies that clean the air, such as what Turtle Creek Casino has in their new facility.”

BAN EVERYTHING?
Nolan points that banning something legal is a recipe for disaster.
“What is next? Do we ban the use of trans fats from restaurants? They are a contributor to obesity and other harmful illnesses. Maybe they will have to ban farming, since that is very harmful to employees (according to a 2008 Penn State University study ‘agriculture is consistently among the most hazardous occupations in the United States.’) and you could keep adding to that list,” said Nolan. “What about mining? There is evidence that supports that mining is hazardous to the workers health and we are not talking about banning mining.”
But Nolan and others who are opposed to a 100 percent ban also see the state’s dependency on tobacco tax revenue being another challenge to the passage of an all-out ban without exemptions.
Currently, Michigan residents pay a $2 Michigan tax on every pack of cigarettes and 32 percent tax on other tobacco products, generating $1.1 billion in revenue for the state.
“The tobacco industry contributes millions to the state annually and a complete ban without exemptions will greatly impact Michigan’s budget,” said Nolan. “I think we are close to a smoking ban, but unless there are exemptions it is going to be tough. With a state hurting financially legislators I have spoke to have said the smoking ban is not a priority at this time.”

FIVE PROPOSALS
Currently, there are five “smoking ban” proposals in the House of Representatives and two in the State Senate. They range from a 100 percenter ban with no exemptions to “compromise” bills that would allow for exemptions for cigar bars and tobacco specialty stores and casinos.
Nolan also sees a special permit for charities to obtain a possible exemption. These permits would be for “fundraising” through “cigar dinners,” for example. He co-chairs the annual Father Fred Foundation Cigar Dinner (May 14) that now accounts for 25 percent of the foundation’s annual operation budget. Ironically, one of the many programs and services offered by the foundation is a smoking cessation class coordinated by Lisa Danto.
“To my disappointment, they’re not going to stop doing the annual cigar dinner because they raise a lot of money from it,” said Danto. “I wish there was another way for them to raise that kind of money. I hear that the food is exceptional (several of the top chefs from the region prepare the dinner) and myself and others would love to attend, but we can’t because of the smoke.”
Danto also says that she and others are not opposed to some exemptions. They realize that a 100 percent ban on smoking is not a reality. They feel that exemptions have to be spelled out clearly, and she is concerned about some exemptions.

SHARED AIR
“When you propose allowing smoking at licensed tobacco shops and those businesses share a building with others, then you are talking about a problem as they share the same ventilation and air system. Plus, you go back to the health issues of the employees,” said Danto. “Also, the definition of a cigar bar doesn’t really exist in Michigan. There are a lot of places that allow cigar smoking; does that make them a cigar bar?”
Mike Nolan counters that argument.
“All of the pieces of legislation that I have read that provide for exemptions, including cigar bars, clearly define the criteria for a cigar bar. Based on those definitions that primarily deal with percentage of sales, there is not an establishment in Northern Michigan that would qualify as a cigar bar,” said Nolan. “Ultimately the Public Health Department would be charged with interpreting and enforcing any exemptions of the legislation that is passed. That goes for tobacco stores like mine having the ability to allow for our customers to be able to ‘sample’ the product in the store as is accustom in this industry.”
Nolan believes there is an outside possibility that some type of ban could pass in the current session. However Danto is less optimistic.
“We have been close before with the Senate passing an outright smoking ban only for it to stall in committee in the House,” said Danto. “Two weeks ago I went to a regulatory reform meeting in Lansing where the legislative committee had the smoking ban on the agenda and after brief discussion they decided to table it. So I have my doubts for this session, but I remain hopeful.”

ON THE BALLOT?
While the smoking ban remains in a legislative-lobbying quagmire, there is now a movement to place it on the ballot in 2010 for Michigan voters to decide.
In the meantime, Mike Nolan will play host to 300-plus this Thursday for the 14th Annual Father Fred Foundation Cigar Dinner, while Lisa Danto will be participating on the same day in a public hearing to discuss the proposed Benzie-Leelanau Clean Indoor Air Regulation that would ban smoking in public and private worksites and public places, excluding bars and restaurants.
“I will continue to work towards encouraging restaurants and bars to voluntarily ban smoking,” said Danto. “For example Lil’ Bo’s (a bar/restaurant in Traverse City) just went 100 percent smoke-free. A big step for them, and they are being rewarded by a clientele who would not go in there before because of the smoking. Mode’s is another great example. They banned smoking because they had an employee battling breast cancer and they decided it was wrong for her to have smoke blown in her face while she was working.”

To learn more about the various programs offered by the Traverse Bay Area Tobacco Coalition and the upcoming public hearing for Benzie-Leelanau County on May 14, call Lisa Danto at 231-271-3684. For a complete list of restaurants and bars throughout Northern Michigan that are smoke free check out smokefreemichigan.org/restaurants.
For those interested in attending the 14th Annual Father Fred Foundation Cigar Dinner on May 14 at the Williamsburg Dinner Theater,
call Mike Nolan at 231-946-2640.


The Michigan Legislature is currently considering seven anti-smoking bills, including five in the House and two in the Senate. The following information was compiled by The Daily News of Montcalm County:


• HB 4099 - Proposes a complete ban with no exemptions. The bill also has a nonretaliation clause which prohibits the punishment of anyone (employee/customer) who reports a business where smoking is taking place.

• HB 4196 - Offers exemptions for cigar bars and tobacco specialty retail stores.

• HB 4341 - Proposes a complete ban, a nonretaliation clause, and provides for local anti-smoking ordinances.

• HB 4377 - Would allow smoking exemptions for casinos, cigar bars and tobacco stores. Smoking would be allowed in casinos on the gambling floor.

• HB 4752 - Proposes a complete ban with no exemptions and includes a non-retaliation clause. This legislation would only take effect 30 days after the governor renegotiates casino agreements with Indian tribes to end smoking in casinos.

• SB 0079 - Proposes a complete ban with no exemptions.

• SB 0114 - Proposes a complete ban with no exemptions, including a nonretaliation clause for reporting a business.