Mich. Senate passes smoking ban bill

By LINDSAY VANHULLE and BRIAN McGILLIVARY
Record-Eagle staff writers

May 10, 2008 04:00 am

TRAVERSE CITY -- Eddie Lebron just got used to smoking in bars.

A Florida resident for more than a decade, Lebron was forced to adjust as state politicians there banned smoking in many places, including restaurants.

Now, the cook at Union Street Station in Traverse City might have to once again kick the habit in public.

"You could have every senator say they don't want smoking," said Lebron, who moved to Traverse City two months ago. "I still think it should be up to whoever owns whatever business."

A statewide ban moved a step closer to reality Thursday when the Michigan Senate voted to prohibit smoking in all bars, restaurants and workplaces.

"Hot damn, you're kidding me," said Grand Traverse County Commissioner Herb Lemcool when he heard of the vote. Lemcool has tried and failed for years to get the county board to ban smoking in public places. "That is awesome. This is great news."

Lemcool said legislation that bans smoking is needed to protect employees who don't smoke from dangerous exposure to secondhand smoke.

The 25-12 Senate vote, a major development in efforts to enact a smoking ban in the state, came after a Democratic senator asked to discharge legislation from a committee where bills traditionally have gone to die.

Senate Majority Leader Mike Bishop, R-Rochester, allowed a vote despite personally opposing the bill.

The bill passed the Democratic-led House in December. But it had been opposed by Senate leaders, who said it would put unnecessary government restrictions on private establishments.

Smoking ban advocates cheered the vote as particularly encouraging, because it means a long-sought law is closer than ever, said Lisa Danto, coordinator of the Traverse Bay Area Tobacco Coalition.

A statewide ban would benefit businesses by protecting employees and customers from secondhand smoke, she said, especially in a resort town like Traverse City.

"We get a lot of tourists that come in, and they come in from other states where they have smoke-free legislation," Danto said. "We also have a lot of youth who work in the businesses, and we're a very family-oriented community, and I think we also want to protect our youth."

Unlike the House version, the Senate version makes no special exceptions for casinos, bingo halls and other buildings.

The ball is back in the House's court, which will decide whether to accept a full ban or try to carve out exemptions. Democratic Gov. Jennifer Granholm has said she will sign a smoking ban.

Sixteen Democrats and nine Republicans voted for the bill. Eleven Republicans and one Democrat voted against it.

Republicans control the Senate 21-17. One Republican was absent and didn't vote.

State Sen. Jason Allen, R-Traverse City, voted against the smoking ban bill. Allen quashed a smoking ban bill in 2004 when he refused to allow his committee to take a vote on the proposed legislation.

The Record-Eagle later reported that tobacco interests contributed $2,000 to an Allen-controlled secret political fund during the time he refused to allow a smoking ban hearing.

Overall, Allen received at least $5,000 in political contributions from tobacco companies and related interests and $8,900 from restaurant and bar associations in recent years.

Allen declined to speculate if the bill would have passed the Senate in 2004 had he allowed a vote.

"I simply do not believe in mandates," Allen said.

State Sen. Michelle McManus, R-Lake Leelanau, jumped at her first chance to vote on a broad smoking ban.

McManus said the ban is a major public health issue and if the state can mandate hand-washing it can protect people from secondhand smoke.

"It's also personal for me, I just have a lot of personal reasons I would support a ban that I don't wish to divulge," McManus said.

More than 30 states ban smoking in public or workplaces, according to supporters. Some bans don't apply to restaurants and bars, though, or they make exceptions in casinos and other buildings.

The Michigan Restaurant Association and Michigan Licensed Beverage Association opposed the legislation, arguing that going smoke-free should be a market-driven business choice by individual bars and restaurants. But the American Cancer Society and other health groups cited a U.S. surgeon general report that breathing any amount of secondhand smoke harms nonsmokers.

"It's not about the public's choices. It's about protecting the public's health," said Sen. Raymond Basham, a Taylor Democrat and a longtime proponent of the smoking ban. He said bartenders, waitresses and other workers need protections against smoke.

Amanda D'Alessandro never expected the bill would pass the Senate. The Union Street Station bartender even told that to a patron this week as they chatted at the bar.

"He thought they already passed it, and I said, 'No, they'll never do that,'" D'Alessandro said. "I just can't believe it."

She doesn't believe the long-term effects would be negative as people got used to it, but that's not to say there wouldn't be an immediate impact.

"It might make their visits shorter," she said.

Some Republicans who voted for the legislation said their positions evolved as they saw more evidence from the surgeon general and others related to hazards of secondhand smoke.

But Bishop called it a "blatant overreach" of government into private affairs.

"When will it stop? How much control do you want?" he said. "And when will people have to stop thinking for themselves entirely?"

-- The Associated Press contributed to this report.

Copyright © 1999-2008 cnhi, inc.