A statewide smoking ban passed out of the Indiana House this week, but still has a long way to go, judging local history on the public health issue. Republican lawmakers still have big problems imposing laws on business and industry, even a smoking ban that would protect public health and ensure clean air. That’s why eastern Indiana’s Republican House members Jack Lutz of Anderson, Kevin Mahon of Hartford City, Bill Davis of Portland and Tom Saunders of Lewisville, all voted against the statewide smoking ban. Rep. Mike White, D-Muncie, was the only yes vote, although look for him to oppose the bill in the Senate.

And that’s where smoking ban have died as the Republican majority in the Senate had nothing to do with the bill in recent years.

Lutz, who smokes, says the issue is more about telling a business what to do, something that Republicans generally don’t do unless it is something about union labor like Right to Work. Saunders said he would not want to be told to what to do if he owned a bar or tavern. But then lawmakers regulate and tax bars and restaurants just like any other business.

Delaware County already imposed a smoking ban which was challenged by the local Licensed Beverage Owners Association. Circuit Court 1 Judge Marianne Vorhees rejected the lawsuit, kicking ithe issue to a state appeals court. Lewis Coulter, president of the local group, owns the Red Dog and End Zone, and has repeatedly said the smoking ban was killing the tavern industry that has been a haven for smokers and drinkers.

Legislating public health does have business consequences and it will be interesting what choice the Indiana General Assembly with 10 days left in the session. The house vote was 62-34 and bipartisan at that.

A bill introduced this week in the Ohio Senate that would ban smoking in a vehicle when children ages 6 and younger are on board has people in the Miami Valley debating whether the legislation promotes health or represents government intrusion on personal freedom. Miami Valley resident Daniel Bryan, who smokes, is for the proposed ban. “I’m trying to quit myself. I don’t want my son having asthma problems when he grows up,” he told News Center 7 reporter Yuna Lee. Belinda Huffman, pulmonary health and diagnostics coordinator at The Children’s Medical Center of Dayton, said it doesn’t matter if you smoke and drive with the window down.

“The condition of the car, whether the windows are down, open, or air conditioning, because of the confined space, it makes it very toxic,” said Hoffman. Smoking makes asthma episodes worse, cause cold upper respiratory infections to be worse to the point the child has to be hospitalized, she said.
Some, like Julie Johnson, is against a ban.
Johnson said is afraid the government is taking this too far and says she doesn’t smoke while driving with her children. Johnson feels the government is infringing on her person freedom.
“I mean, that is getting ridiculous on what they do say,” she said about the proposal. “I think that the parents should do it on your own. I don’t think the government should have a say on what you do in your vehicle.”
Wednesday in Columbus, at the first hearing on the legislation, Sen. Charleta Tavares told a Senate committee, “An infant or minor who is a passenger in a car is not making the decision to smoke. However, they can potentially suffer significant consequences.”
The bill sponsored by the Columbus Democrat calls for fines starting at $500 for violators caught lighting up in a vehicle with young children present, The Associated Press reported.
Ohio bans smoking in most indoor public places through a law that was overwhelmingly approved by voters in 2006 and took effect the following year. Smoking in vehicles while children are passengers has been outlawed in Canada and Australia, and in other states including Louisiana, Maine and California. Under California’s ban, the children may be as old as 17.
Sen. Tom Patton, chairman of the Highways and Transportation Committee, signaled support for the concept during that first hearing on the bill. But he questioned the 6-year-old cutoff.

A state-wide smoking ban proposed by the Indiana House has a local bar owner fuming about added restrictions and exceptions. A bill to ban smoking in the state of Indiana still lingers in the Indiana House Monday night. Lawmakers want to expand the 2005 smoking ban to include no smoking in public places, enclosed areas of a place of employment, like corporate offices, in certain state vehicles, and within 12 ft. of a public entrance or enclosed area of a place of employment. But, among the added restrictions are a few exceptions that Pat Anderson, owner of Rack and Helen’s Bar & Grill in New Haven, fuming.

The new Indiana House bill on smoking virtually wants to ban smoking in all public places, and it would give bar owners 18 months to comply. But, the issue Anderson has, is the bill won’t ban smoking in places where children are allowed, but in places specifically established for adults. Rack and Helen’s is a 21 and over smoking establishment. He says the smoking ban in Fort Wayne has contributed to his business in New Haven, and a state-wide ban could change all that.
Anderson says the ordinance in New Haven calls for no smoking in any publically funded place, such as grocery stores and schools. He says the only places one can smoke are in 21 and over establishments or businesses that post they allow smoking.
The proposed smoking ban will make exceptions for places like casinos, private clubs, and non-profit fraternal, social, and veterans clubs. Anderson says that could be a serious problem because babies and children are allowed inside those places. He says it could affect children the most, because in most cases, they cannot choose where to go.
“You can carry an infant in a car seat into a club. That infant has no choice, he’s gone with mom and dad into a place where they smoke,” he said. “I would be embarrassed, as a tax-paying citizen of the state of Indiana, if they pass a bill where a child doesn’t have a choice, but at a 21 and over you can’t smoke.”
Anderson says with current local smoking ordinances, people can choose if they want to go to a smoking establishment or not. Anderson says the proposed bill would take away people’s right to choose.
“It’s not so much that they want to take smoking away, it’s the choice,” Anderson said. “It’s just one more thing. We’ve got the Legislature telling us how to live our life. They need to concentrate on the main issues, getting our kids educated, safety, roads. Lay off of the small businesses. We need no more regulations.”
If lawmakers want to make exceptions, Anderson believes 21 and over establishments should be included. Anderson says either that, or have no exceptions at all. Tobacco stores, and cigar and hookah bars are also exceptions. He thinks local governments and bar/tavern owners should handle this matter, like they have been, and not the state.
“At least invite the tavern owners in for a discussion and get our views. The problem is, I don’t think they care,” he said. “But, we made the investment, let us make the decision.”
As of Monday night, House Representatives did not pass the proposed smoking ban. Representatives say they want to make the best compromises before making a final decision. They say they anticipate approval of the bill Thursday. From there it will move onto the Senate for approval. However, smoking bills have a history of “dying” in the Indiana Senate in the past.

Kids can make a difference. That was the message Thursday at Afton School as grades 5 and 6 students from last year were awarded Blue Ribbon Awards from the Edmonton Tobacco Reduction Network. The students researched information and gathered signatures before lobbying city councillors to ban smoking in areas where children are present. “They were very excited and it was an opportunity to give the acclaim that they needed … so that their peers could also see how kids can make a difference,” said principal Jane Moore.

The students, along with many other speakers, relayed their message at city hall last June.

After much debate, council voted last September to amend the public places bylaw, which will mean butting out around playgrounds, spray parks, ice rinks and outdoor youth events once the new bylaw is approved.

It is expected to come before a council committee in early March.

Gov. Mitch Daniels is in support of a statewide smokefree law. This is a positive step to protect the rights of all Indiana workers. I would like to address some of the opposition issues. This law is not about children or customers or choice … it is about employees. No one should have to choose between their health and a paycheck. Jobs are not that easy to come by these days. Should a college student who works in a restaurant for the flexible hours have to be exposed to toxic chemicals in order to work?

Dr. Michael Roizan, chief wellness officer of the Cleveland Clinic, estimates 8 hours of breathing secondhand smoke is equivalent to smoking a pack of cigarettes. If an employee is already a smoker, they get double the trouble.

Maybe the 17-year-old busboy now thinks smoking is normal since everyone else is doing it and decides to take it up. Does the single mother working a second job to provide for her family have to breathe smoke to make ends meet? Think about musicians, stand-up comedians and other performers. Most of them must earn their income working in clubs and bars. Should they have to give up their dream in order to protect their health?

There are laws businesses must follow that protect public health, such as proper storage of perishable food, cleanliness, responsible alcohol service and safety issues. Businesses don’t get to choose whether employees should wash their hands, whether they want to serve a patron until he is too drunk to stand, the temperature of water to wash dishes or whether they must wear gloves and safety glasses. Employees in offices, mall stores, airlines and hospitals are all protected from secondhand smoke. Should their health be considered more valuable than a bartender, musician or poker dealer’s?

Certainly tobacco is legal. So is alcohol. It is perfectly legal for an adult to drink alcohol and it is perfectly legal for an adult to drive, but combining them can potentially harm someone else so it is not legal. There is no difference with smoking. It is perfectly legal for an adult to smoke; however, that right should end when there may be harm to someone else.

The only difference is cigarettes take longer to kill people than drunken car crashes. However, 27 people die every

day in Indiana from tobacco-related illnesses, some of those caused by secondhand smoke.

In regard to individual rights, the Constitution does not specifically allow Americans the “right” to smoke, but even the rights afforded to us in the Constitution come with regulations for our protection. We have the right to free speech but there are rules to follow. We are not allowed to yell “fire” in a theater or broadcast lies about others.

Laws are designed to protect the general public. If 21 percent of Hoosiers are smokers, then having no law violates the majority’s right to breathe smokefree air. Protecting all Indiana workers is only fair.

As a new legislative session begins for the 2012 Indiana General Assembly, one bill is burning up a debate. House Democrats have proposed a statewide smoking ban bill, and Governor Mitch Daniels and the Republican House Speaker both agree with the plan as well. If passed, it would make Indiana the 28th state with such restrictions. “I can see a ban on buildings that you have no choice whether or not to go into, for example, the license branch or the local public library or whatever, meaning that you have no other alternative other than that building. But where you have a building that, where you own the building, I would think you would have the right to determine that, said State Representative Bruce Borders (R).

“I’m still wrestling with that one between my heart and my head quite frankly. Because I don’t like smoking, but I also understand that there are those people that do smoke and choose to go to places that allow them to do so and the owners of these places, the people who run them… in a sense, what we’re doing is taking away their rights.”

Adds State Representative Clyde Kersey (D): “I support a statewide smoking ban. And we already have it in Terre Haute. But the problem is that they want to exempt everything. They want to exempt the casinos, they want to exempt the private clubs, they want to exempt taverns. But when you get to the point after they’ve exempted everything, the bill’s meaningless. And that’s what happened last year, and I expect that’s what will happen this year. But each year as this bill comes up, it gains more and more support so maybe we won’t get it this year, but we might get it somewhere down the road.”

Supporters are hopeful it will be passed before the end of the month. If they attach an “urgent necessity” clause, it could take effect before the Super Bowl on February 5.

Legislators are hoping a statewide smoking ban will finally get through the Senate by limiting exemptions in the 2012 version of the bill. Only three entities would be exempt from the smoking ban: gaming floors, cigar or hookah bars currently in existence and existing social clubs whose membership votes every two years to allow smoking. A statewide smoking ban has been passed out of the Indiana House for five consecutive years only to fail in the Senate. Cicero Republican Representative Eric Turner says the bill has the best chance of passage it’s ever had.

“I think the fact that the governor has included it as part of his agenda,” he says, “leadership on both sides of the aisle in the House and Senate have expressed their support, certainly helps that.”

In the past, bars and taverns argued exempting casinos gave them an unfair advantage. If a person could smoke in a casino bar, regular bars would lose business.

Gary Democratic Representative Charlie Brown says limiting the exemption only to the gaming floor will hopefully limit that concern.

A new smoking ban near children’s play equipment in council parks did not go far enough to protect young people, according to Labor Party councillors. Independent councillor Brendan Luchetti moved staff recommendations at the December 13 meeting that Blue Mountains City Council (BMCC) introduce a ban on smoking within 10 metres of play equipment in parks and playgrounds under council control following Cancer Council of Australia recommendations that children be protected from secondhand smoke.

“It’s a bit of a no-brainer, really,” he told the meeting.

But Labor councillors Mark Greenhill, Adam Searle and Alison McLaren said the proposal didn’t go far enough.

“If we really believe that people should not smoke around children in parks, then let’s resolve that,” Clr Greenhill told the meeting.

“We could send it off and have a report but is there not enough evidence in the public realm about secondhand smoke? Don’t we know that?

“There can be no doubt that secondhand smoke around children is not acceptable. When parents take their children to the park and other parents are smoking in the area they inflict that on not just their children but other people’s.”

Clr Greenhill moved an amendment that smoking be outlawed altogether in council parks containing children’s play equipment.

While Clr Fiona Creed said the ban was a “fantastic policy”, it was too difficult to enforce as people often ignored no smoking signs and peer pressure did not work.

“I am the fly in the ointment . . . but I just see it being really, really difficult to police,” she said.

It was a sentiment echoed by Clr Chris Van der Kley.

“It’s not the point that I am against or for smoking . . . this is about trying to be able to control something,” he said.

“Putting up a sign is not going to work. I don’t believe it’s enforceable.”

In supporting Clr Greenhill, Clr Adam Searle said 10 metres was “simply not far enough away to protect children.

“People should not be free to smoke around children,” he said.

A statewide smoking ban could again be on the agenda next year during the Indiana General Assembly. Leaders of the Republican-led legislature say they would like to revisit the issue. House Speaker Brian Bosma said last week that a ban on smoking in most public spaces could be in effect before the February 5 Super Bowl in Indianapolis. Republican Governor Mitch Daniels says he also supports a ban.

A smoking ban was introduced in the 2011 session, but was watered down with exemptions to the point that even anti-smoking advocates would not support it.

It failed to win passage on the committee level. The Indiana General Assembly begins January 4th.