Pennsylvania Smoking Ban Passes First Hurdle

Smoking ban gets on fast track

by CHARLES THOMPSON, Of The Patriot-News

A hard-fought ban on indoor smoking in most public places is suddenly on a fast track in the General Assembly.

The bill, which received the blessing of a Senate-House conference committee Tuesday on a 5-1 vote, was scheduled to get a final vote in the Senate today. The state House of Representatives could follow later in the day, though a vote might wait until next week because of scheduling issues. Both chambers are expected to approve the bill.

A spokesman for Gov. Ed Rendell said Rendell would sign it into law as soon as possible. The law would take effect 90 days after that.

Smoking would be barred in restaurants, most offices and government buildings. The measure would allow smoking in casinos -- except the two in Philadelphia -- bars, hotel rooms and private clubs.

None of the groups involved got all that they had sought in the bill, but in the end, most say they support the end product. The American Cancer Society and the American Heart Association are on record as supporting the bill.

Bill Godshall, executive director of SmokeFree Pennsylvania, called it a "huge first step" for a state with one of the weakest indoor smoking laws in the nation. "At least this bill protects 95 percent of the workers from secondhand smoke at the workplace. We'd like that to be 100 percent, but we're not going to let the perfect interfere with the good."

Perhaps Rep. Bob Belfanti, D-Northumberland County, generally regarded as a lawmaker supporting smokers' rights, described the changes it would bring to Pennsylvania.
Smoking would be out at diners, pizza shops, doughnut shops, nightclubs and bingo halls, all places where his constituents like to gather and perhaps have a smoke.

"We have created a venue where you will never have to smell second-hand smoke unless, intentionally, you choose to," said Belfanti, who said he would reluctantly support the bill. "I'm going to take a lot of hits back home in my district for voting for this."

Health groups bemoaned exceptions that they said would still leave thousands of casino, bar and private club employees still working in smoky areas. Some, like the American Lung Association, were urging defeat of the bill for that reason.

"We feel that the commonwealth has really missed an opportunity to be a leader in protecting all Pennsylvanians from the toxic dangers of secondhand smoke," said Deb Brown, the lung association's vice president for advocacy.

Others said the bill allowed too much government intrusion of businesses and individuals' rights.
State Sen. Stewart Greenleaf, R-Montgomery County, a longtime champion for an indoor smoking ban, said he would accept this as a good first step "because I don't believe we can get any other bill out of this committee, or out of this Legislature."

The bill had landed in the conference committee after the House and Senate approved competing bills last year.

The final product was hammered out over the last two months by Sen. Chuck McIlhinney, a Bucks County Republican representing four committee members who wanted more exemptions, and Rep. Mike Gerber, D-Montgomery County, the prime sponsor of the tougher House bill.
Their ability to compromise was expected to help the bill win strong majorities when it hits the full Legislature.

Senate Minority Leader Robert J. Mellow, D-Lackawanna County, was the lone conference committee member to oppose the bill. He railed against the package after he failed to win support for an amendment to let Allegheny County and the city of Scranton re-enact stricter local bans that were overturned in court.

Mellow chafed at the fact that the panel agreed to allow a similar local ordinance in Philadelphia to stand. Rendell, a former mayor of Philadelphia, had said last month he would veto a bill that rolled back the Philadelphia law, which bars smoking in casinos.

Before the vote, Mellow complained that the committee is essentially telling "the people of Allegheny County, go to hell ... I never heard anything so hypocritical in all my life."

WHERE SMOKING WOULD BE BANNED

Workplaces not otherwise exempted, such as all offices and factories.
Restaurants, nightclubs and most bars.
Most health care facilities.
Schools, colleges and government-owned facilities.
Public transportation centers and mass-transit vehicles.
Stadium, theaters and other performance venues (except for designated smoking areas).

WHERE SMOKING WOULD BE ALLOWED

25 percent of casino gaming floors, except in Philadelphia, where a city ban would apply.
Bars where food sales are less than 20 percent of total sales, and customers younger than 18 cannot be served. Some bars in existing restaurants could permit smoking if they meet the above criteria and are completely walled off.

Private clubs, including fire stations.

Designated smoking rooms in hotels and motels.

Designated smoking areas at truck stops, residential health or day treatment facilities.

Cigar bars and other tobacco-related businesses.