Smokers Rights Newsletter Encyclopedia
Location: IA State Update
Topic: People Ban



Lawmakers make deal over anti-smoking ads

04/21/2008
BY JENNIFER JACOBS, REGISTER STAFF WRITER

State legislation that would limit taxpayer-financed advertisements was introduced today, aimed at appeasing Republican senators angry over $600,000 worth of health department ads that favored a ban on public smoking.

Republican senators have blocked the Senate confirmation of Thomas Newton, the director of the state public health department, who approved the spending for the advertisements.

At least a handful of Republicans will now be willing to vote for Newton, enough for the two-thirds majority vote necessary to confirm a governor’s appointee, Republican leaders said this afternoon.

But the deal is that they would do that only after Senate File 2427 has been approved by both chambers and signed by the governor, said Senate Minority Leader Ron Wieck, a Republican from Sioux City.

The bill, introduced this afternoon by Democratic and Republican leaders in the Iowa Senate, would prohibit a state agency from using public funds for advertising that advocates for or against legislation.

The ban would be in effect 30 days before the legislative session begins and during the session. It would also apply to legislation that was considered during the previous session.
http://www.altoonaherald.com/apps/pbcs.dll/article?AID=/20080421/NEWS/80421039


Culver: 'This bill will save lives'

April 16, 2008
By JENNIFER JACOBS • REGISTER STAFF WRITER

No one may light up a cigarette or cigar inside an Iowa bar or restaurant, starting July 1.

Even as Gov. Chet Culver was signing the statewide smoking ban into law on Tuesday, Iowans were peppering public officials with questions about whether it will be in force in public parks, private boats on public lakes, university campuses and other public areas.
Democratic lawmakers and leaders congratulated each other and key activists on Tuesday for their steadfastness in fighting for the ban and turning the tide of public support.

"It was a tough, tough issue. Very difficult," Culver told a crowd of about 200 people in the rotunda of the Iowa Capitol.

Culver said smoke-free workplaces are essential to prevent young people from taking up smoking.

He said the new law builds upon last year's $1-per-pack cigarette tax increase. Since last March, calls to Quitline Iowa have increased 500 percent, Culver said. The hot line has logged 12,400 calls since the beginning of the year alone, he said.
"This has been a long time coming," said Dan Ramsey of the American Lung Association, which blasts smoking as directly responsible for most cases of lung cancer, emphysema and chronic bronchitis.

It's clear that Iowa's new law will ban smoking in most places of employment, except outdoor areas of bars, outdoor areas of county fairs and the Iowa State Fair, farm tractors, retail tobacco stores, private clubs that have no employees, and the gambling floors of casinos.
But questions remain that state officials are trying to answer.

The new ban prohibits smoking on the grounds of any building owned or leased by the state or its "political subdivisions," which would include cities and counties, said Sen. Bill Dotzler, a Democrat from Waterloo.

"If you've got a park with any kind of a building on it, you can't do it," he said. "If you're sitting around a campfire, you can't smoke."

Dotzler said that he doesn't think banning smoking at parks was the intent of lawmakers, and that they pushed the bill through too quickly. "A rush to judgment," he said.
University officials said Tuesday the bill will limit smoking on campuses.

Smokers at Iowa State University won't be able to light up within 25 feet of academic buildings any longer, on the sidewalks crisscrossing campus or virtually anywhere on the grounds, spokeswoman Annette Hacker said Tuesday. Exceptions will remain for designated apartment areas and research labs, she said.

The University of Northern Iowa currently allows smoking outside its buildings; that will end, too.
And the University of Iowa will have to move up its campuswide ban by a year. It was set to kick in July 1, 2009. A ban is already in effect on the grounds of all the university hospital facilities, spokesman Steve Parrott said.

Opponents of the smoking ban believe it will force some bars and restaurants out of business.

It also irks some Iowans that smoking will still be allowed on the gambling floors of casinos, despite a ban in casino restaurants, gift shops, bars and employee areas.
"Nothing has bothered me more since the Vietnam War," said Kay Schumacher, a 66-year-old Milford resident.

Schumacher said she quit smoking a couple of decades ago and doesn't gamble very often, but this exemption is unfair. "I just don't see how lawmakers could say casinos can have it but other places couldn't. 'We don't care if you die of cancer there because we get your money,' " she said.

Culver said at the bill-signing ceremony: "I understand there are compelling arguments against this bill. But the bottom line is this bill will save lives, plain and simple, and I am happy to sign it today."
The governor was surrounded by smiling Iowans on Tuesday, including Lincoln High School teacher Andrew Gross.

Gross said he believes it's important for adults to model healthy lifestyles for children. "You can't be working with kids and not be thinking about being a better model," he said.

Former Sen. James Wells proposed one of the state's first smoking bans 33 years ago, after riding on an elevator with a man whose cigarette smoke was blowing into the face of a newborn baby.
Many lawmakers puffed at their desks at that time, and few, if any, lawmakers took his smoking ban proposal seriously, said Wells, 79, a Des Moines Democrat. "I caught hell from a lot of people, I tell you that," he said.

Chen Xiong, who works with a tobacco prevention program of Employee and Family Resources, said his group was surprised that lawmakers took such strong action against smoking this year.

Lawmakers had been considering an idea that would allow local governments to set their own smoking ordinances. Instead, House File 2212 contains a more sweeping statewide ban.
"That was what we were hoping for ultimately," Xiong said. "But I wasn't expecting it to happen."

Reporter Jason Clayworth contributed to this article.
Reporter Jennifer Janeczko Jacobs can be reached at (515) 284-8001 or
jejacobs@dmreg.com
http://www.desmoinesregister.com/apps/pbcs.dll/article?AID=/20080416/NEWS10/804160371/-1/archive


Anti-smoking ad budget faces cuts

April 10, 2008
By TONY LEYS, REGISTER STAFF WRITER
Democratic legislators plan to cut $590,000 from the Iowa Department of Public Health's anti-smoking advertising budget in an attempt to calm Republican anger over ads favoring a public-smoking ban.

The proposed cut equals the amount the agency spent on ads urging a smoking ban for bars and restaurants. Republicans complained that the ads were an improper use of taxpayer money to pressure lawmakers on a controversial issue.
Sen. Jack Hatch, a Des Moines Democrat, said members of his party hope the budget cut helps salve the wound. He also hopes it helps persuade Republicans to support the confirmation of health department director Thomas Newton, whose nomination has been held up because of the controversy. "We kind of wanted to lower the volume on this," Hatch said.

Hatch is chairman of the committee that sets health-department spending. His Republican counterpart was unimpressed with the proposed cut. "Senator Hatch didn't extend that olive branch to me," said Sen. David Johnson of Ocheyedan, who is the top Republican on the committee.
Johnson said his party's leaders have been negotiating with Gov. Chet Culver, a Democrat, over Newton's nomination. He said the negotiations involve a Republican proposal to prohibit state agencies from using general-fund money to run ads about legislative issues.

The $590,000 cut in ad money to the health department is included in a budget bill that also would cut about $2 million in spending on smoking-prevention programs. Hatch said the bill would leave the programs with about $4 million, which is substantially more than they received two years ago.
Department officials said the cuts would lead to fewer Iowans receiving help in quitting smoking and to fewer anti-smoking ads from the "Just Eliminate Lies" campaign.

The Legislature this week voted to ban smoking in most public places, including restaurants and bars. The bill says the health department will be responsible for enforcing the ban. Hatch said legislators have yet to determine how to pay for the enforcement effort.
http://www.desmoinesregister.com/apps/pbcs.dll/article?AID=/20080410/NEWS10/804100369


UPDATE: Smoking ban heads to governor's desk

JENNIFER JACOBS AND JASON CLAYWORTH • REGISTER STAFF WRITERS • April 8, 2008

Restaurants, bars and almost all other public places in Iowa must be smoke free starting July 1, under a bill Iowa’s governor is expected to sign.

Both chambers of the Iowa Legislature passed legislation today that bans smoking statewide in 99 percent of workplaces and spots frequented by the public.

The bill now goes to Gov. Chet Culver.

“Governor Culver congratulates the House and Senate for working together on this important initiative which will make Iowa a healthier state, and he looks forward to signing the bill,” Culver spokesman Brad Anderson said.

Iowans will still be able to smoke in the gambling areas of casinos, although smoke would be prohibited in casino restaurants, gift shops, bars and employee areas.

They can smoke in the outdoor areas of bars, the outdoors areas of county fairs and the State Fair except the grandstands, in limousines and in retail tobacco stores.

Other exemptions are designated areas of correctional facilities, the state veterans home in Marshalltown and Iowa National Guard facilities.

But smoking will be banned in restaurants’ outdoor seating areas, the grounds of public buildings, bowling alleys, most areas of hotels and motels except designated smoking rooms, private clubs when the public is admitted, outdoor sports stadiums, boxing arenas, common areas of apartment buildings, public transit platforms, and school grounds including parking lots.

State lawmakers spoke with emotion about personal freedom and choice, and about loved ones who died of cancer.

In the end, the House voted 54 to 45 and the Senate voted 28 to 22 to shield 95,000 workers out of about 100,000 from the carcinogens in workplace smoke.

Advocates said scientific studies indicate secondhand smoke causes cancer and other health problems.

Opponents, including some lawmakers from both parties, said allowing smoking in casino gambling areas would put restaurants and Iowa bars at a competitive disadvantage.

Sen. Mark Zieman, a Republican from Postville, said he is worried about the bars that will be put out of business.

“I think you’ll see business will go up because I think more people will enjoy going out in a smoke-free environment,” countered Sen. Staci Appel, a Democrat from Ackworth. “I’m sure there’s always businesses that do close for a number of different reasons, I assume it’s not all because of banning smoking.”

Shannon Barnard, the manager of Gene’s Sports Bar, 2117 E. University Ave., Des Moines, believes the ban will hurt business. She said the issue should have been left to bar owners or customers, who can choose to go to smoke-free bars.

“We oppose it,” Barnard said. “More people are likely to stay at home and drink rather than come to the bar and have a good time.”

Cathy Callaway, president of the Iowa Tobacco Prevention Alliance, offered praise. Her group would prefer a smoking ban in all areas, including casino floors, but said the compromise is acceptable. The alliance will advocate for stricter reforms in future legislative sessions.

The House and Senate had approved conflicting versions of the smoking ban proposal. The Senate has generally supported a stricter version while the House wanted to allow smoking in casinos or in facilities such as bars only during hours when people 21 or older are allowed.

On Monday, a special panel of 10 lawmakers suggested the compromise that passed both chambers.

“This really is historic legislation — historic for the public health aspect and historic for the workplace safety aspect,” said Rep. Tyler Olson, a Cedar Rapids Democrat.

A Des Moines Register poll taken in February of 801 Iowans indicated that 75 percent of Iowans supported either a statewide smoking ban or the Legislature granting local governments the right to establish their own smoking laws.

Roll call
Here’s how the Iowa Senate voted Tuesday on House File 2212:

FOR: 28
Democrats (25): Appel, Beall, Bolkcom, Connolly, Courtney, Danielson, Dearden, Dvorsky, Fraise, Gronstal, Hatch, Hogg, Horn, Kibbie, McCoy, Olive, Quirmbach, Ragan, Rielly, Schmitz, Schoenjahn, Seng, Stewart, Warnstadt, Wood
Republicans (3) Lundby, Noble, Ward

AGAINST: 22
Democrats (5): Black, Dotzler, Hancock, Heckroth, Kreiman
Republicans (17): Angelo, Behn, Boettger, Gaskill, Hahn, Hartsuch, Houser, Johnson, Kettering, McKibben, McKinley, Mulder, Putney, Seymour, Wieck, Zaun, Zieman

Here’s the House’s final vote:

FOR: 54
Democrats (45): Abdul-Samad, Bell, Berry, Bukta, Cohoon, Dandekar, Davitt, Foege, Ford, Frevert, Gaskill, Gayman, Heddens, Hunter, Jacoby, Jochum, Kelley, Kressig, Kuhn, Lensing, Mascher, McCarthy, H. Miller, Murphy, Oldson, D. Olson, R. Olson, T. Olson, Palmer, Petersen, Reasoner, Reichert, Shomshor, Smith, Staed, Swaim, D. Taylor, T. Taylor, Wendt, Wessel-Kroeschell, Whitaker, Whitead, Winckler, Wise, Zirkelbach

Republicans (9): Anderson, Baudler, Clute, Jacobs, May, Rayhons, Schickel, Tomenga, Wiencek

AGAINST (45):
Democrats (8): Bailey, Huser, Lykam, Mertz, Quirk, Schueller, Thomas, Wenthe

Republicans (37): Alons, Arnold, Boal, Chambers, De Boef, Deyoe, Dolecheck, Drake, Forristall, Gipp, Granzow, Grassley, Greiner, Heaton, Hoffman, Horbach, Huseman, Kaufmann, Lukan, L. Miller, S. Olson, Paulsen, Pettengill, Raecker, Rants, Rasmussen, Roberts, Sands, Soderberg, Struyk, Tjepkes, Tymeson, Van Engelenhoven, Van Fossen, Watts, Windschitl, Worthan

Not voting (1): Republican: Upmeyer*
* Upmeyer said she intended to vote “no” but had problems with her voting machine.
http://www.desmoinesregister.com/apps/pbcs.dll/article?AID=/20080408/NEWS/80408024


Committee reaches compromise on smoking ban

By JASON CLAYWORTH • REGISTER STAFF WRITER • April 7, 2008

People in Iowa bars would be prohibited from smoking while gamblers on casino floors could keep puffing under a proposed statewide tobacco ban compromise reached by a legislative committee late this evening.

The decision could end weeks of disagreement among lawmakers about how far the proposed smoking ban should go.

House representatives could vote as early as Tuesday on the compromise, which essentially prohibits smoking in almost every public place in Iowa.

“I’m optimistic we’ll be able to get it passed,” said Rep. Tyler Olson, a Cedar Rapids Democrat who led debate on the statewide ban in the House.

The smoking ban discussion began soon after the start of this year’s legislative session in January. Advocates, including Olson, attempted to gain support for a smoking ban in nearly all public areas, but quickly encountered resistance from casinos and bar owners who said it would hurt their businesses. Casino lobbyists distributed information to lawmakers estimating the ban would cut state tax revenue as much as $100 million a year.

As a way to gain enough support from lawmakers, House members in February agreed to exempt casinos from the ban.

The Senate, however, disagreed and instead embraced a stricter ban that included casinos.

The back-and-forth shuffling and revisions to the proposal, House File 2212, ended last month after the Senate rejected a House version that would allow smoking in casinos, bars and restaurants only during times in which only people age 21 or older were allowed.

The inability to reach agreement sent the issue into what is known as a conference committee, which is a group of lawmakers who are set to reach a compromise.

The four Republicans on the committee voted no to today's compromise, which allows smoking only in areas of a casino where gambling takes place. Smoking would also be allowed in designated areas of the Iowa Veterans Home in Marshalltown.

Several Republicans questioned the altruism of Democrats who said the issue is about protecting Iowans from cancer-causing secondhand smoke. Bars and restaurants would be hurt by the ban, but casinos, which pump millions of dollars into state budgets, could largely keep smoking, they said.

“I guess I’m disappointed we’re going to look after the interest of the revenue coming into the state but we’re not concerned about revenues coming into privately owned businesses,” said Rep. Chuck Soderberg, a Le Mars Republican.

Olson noted that the compromise is believed to be the strongest proposal that is likely to pass this year. Smoking opponents will likely propose extending the ban to all areas of casinos in future legislative years, he said.

Wes Ehrecke, president of the Iowa Gaming Association, a trade group for Iowa’s state-regulated casinos, expressed mixed emotions about the casino compromise. His group would prefer casinos be allowed to make their own decisions about where smoking is permitted, but said allowing smoking on gaming floors is the most critical portion.

“We think it should be a business decision and not a mandate,” Ehrecke said.

The compromise cannot be amended but only voted on by lawmakers in a yes or no vote.

House Majority Leader Kevin McCarthy, a Des Moines Democrat, said last week that the House would likely vote on the issue within 24 hours after a compromise is reached. The proposed compromise, however, must still be officially written by legislative staff, which is a technical process that can take a day.

Senate Majority Leader Michael Gronstal, a Council Bluffs Democrat, said a majority vote “is not guaranteed.” The Senate will vote on the compromise when he believes he has the needed majority votes, he said late today.

Conference committee members:

HOUSE
Democrats: Tyler Olson of Cedar Rapids, Janet Petersen of Des Moines and Michael Reasoner of Creston.
Republicans: Cecil Dolecheck of Mount Ayr and Chuck Soderberg of Le Mars.

SENATE
Democrats: Staci Appel of Ackworth, Joe Bolkcom of Iowa City and Bill Dotzler of Waterloo.
Republicans: Ron Wieck of Sioux City and Mark Zieman of Postville.
http://www.desmoinesregister.com/apps/pbcs.dll/article?AID=/20080407/NEWS/80407062#gslPageReturn


Bars, eateries wrestling with Ill. smoking ban

THE ASSOCIATED PRESS

03/29/2008


CHAMPAIGN, Ill. — Almost three months after a new Illinois law made it illegal to light up in public places, the smoke still hasn't cleared.

Bar and restaurant owners say they don't know how far they must go to stop customers from smoking. Police and some local health officials say they're not sure how to enforce the ban.

And prosecutors in some Illinois counties say they won't take up smoking-ban cases until what they call loose ends in the law are tied up.

"Many, many of the state's attorneys I've discussed this with agree that there are significant problems with the language in the statute," said St. Clair County State's Attorney Robert Haida, who has told police that he won't prosecute violators until the problems are fixed.



The Smoke-Free Illinois Act outlaws smoking in public places and within 15 feet of their exterior doors and windows. People and establishments that violate the law can be fined up to $250.

But that's as clear as it gets.

Bar and restaurant owners say the law does not spell out how they're supposed to enforce the ban.

"All we can do is say there is no smoking allowed," said Mary Woodward, owner of Woody's bar in Joliet, Ill., where police cited some smokers earlier this month. "I guess the people who were here that day chose not to go outside. I didn't see them; what do you do?"

Some bar owners mistakenly thought they also had been cited at the same time, said Charles Pelkie, spokesman for the Will County state's attorney's office. Smokers who violate the law are given citations, similar to a traffic ticket, while police are writing up longer reports on businesses and sending them to prosecutors, he said.

The state has yet to adopt rules detailing how the ban is supposed to work.

The Legislature's Joint Committee on Administrative Rules has rejected draft rules, saying that they lacked any means for people who've been cited or fined to appeal. The committee could take up the rules again at its meeting April 15.

Nobody knows how many people or businesses around the state have been cited for violating the law.

The Illinois Department of Health isn't tracking the number of violations, and the law, while giving the agency the responsibility to enforce the ban, doesn't require it to track how often it's enforced, department spokeswoman Melaney Arnold said.

The department is only tallying the number of complaints it has received about smoking — more than 2,600 as of Tuesday, Arnold said.

Beyond enforcement issues, though, it's difficult to tell what the economic fallout has been.

Some casinos claim it has taken a significant bite out of their business. Harrah's Metropolis Casino in Metropolis, Ill., reported a 23 percent drop in revenue the first two months of the year and blamed the smoking ban for 30 layoffs.

But the American Cancer Society, one of the ban's strongest backers, argues that the sluggish economy probably played a role.

"It's a bit silly to assume that a public health law is the driving factor behind a certain sector of the economy doing bad at a rough economic time," the Cancer Society's Mike Grady said.

Lawmakers who opposed the ban, particularly those whose districts include casinos, say they'd like to create exemptions for service clubs like the Veterans of Foreign Wars, or perhaps allow businesses that want to allow smoking to pay for permits to do so.

Grady says the American Cancer Society would fight any measure to water down the law, and the handful of attempts made so far have gotten nowhere.

State Sen. Mike Jacobs, one of the ban's most vocal opponents, doubts he or any of his colleagues can win exemptions anytime soon.

"You can't pass an exemption bill through the Legislature," said the Moline Democrat, whose district includes a riverboat casino. "There's just not the will to do that right now. Maybe next year."

http://www.stltoday.com/stltoday/news/stories.nsf/illinoisnews/story/879B48CCB8C424658625741A0080BE6B?OpenDocument


C.O.B.R.A. For Rights Rally
Saturday, March 22, 2008
 2-4 P.M.
Riverfront Bandshell - Clinton, Iowa

Clinton's Organized Bar and Restaurant Association is holding a rally to bring awareness to the fact that government is imposing on our rights as citizens.

Our fight is the smoking ban at this time. Keep in mind the next right they take away could be something that you feel strongly about. Please try to join us, we are inviting the politicians, news crews, radio, newspapers in order for us to be heard. Please forward this message to all in your address book to spread the word. Thank you very much!!!!!!!!!

Shelly A. Brewer
C.O.B.R.A. Secretary



SOURCE: Int'l Premium Cigar & Pipe Retailers Mar 18, 2008

Iowa Businessman Challenges Proposed Smoking Ban

DES MOINES, IA--(Marketwire - March 18, 2008) - "The proposed statewide smoking ban is a divisive tool for discriminating against those who choose to smoke and it is an assault on the rights of all the citizens of Iowa, smokers and non-smokers alike," says John D. Eveland, owner of the National Cigar Store in Waterloo, Iowa.


Recently, the Iowa House narrowly approved a smoking ban that excluded certain casinos, bars and restaurants, but the Senate wants a tougher version.

"The official motto of the state of Iowa is 'Our liberties we prize and our rights we will maintain' but it is our liberties and our rights that the Iowa legislature is attempting to trample on with such a ban," says Eveland.

"Smoking is a legal, adult activity that does not impinge on the welfare of others. If it did, government regulatory agencies like OSHA would step in, but they don't," he said.

"This issue is all about freedom of choice and economics. The marketplace -- consumers and employees, smokers and non-smokers -- should be allowed to decide if they want to patronize or work for companies that allow or do not allow smoking on their premises," says Eveland.

"If smoking is banned in or around government buildings, that's their business," he says. "But private businesses should have the right to decide whether or not smoking would be allowed instead of having the government decide for them."

Eveland pointed out that cigar smoking is different from smoking cigarettes. He should know. He owns the oldest cigar store in Iowa. Founded in 1911, the store was acquired in 1948 by his father from whom he purchased it in 1966. Today, it's still on the same block of Sycamore Avenue as it was nearly a century ago. He also operates two sales-enabled websites -- www.nationalcigar.com and www.rollyourown.com.

"Cigars are more a choice than a habit and smoking in cigar stores is necessary for patrons to sample products and make informed purchase decisions. No non-smoker would accidentally wander into a cigar store. The truth is, smoking a premium cigar is more like enjoying a glass of fine wine or champagne. It helps make ordinary moments special and special moments extraordinary."
http://www.marketwire.com/mw/release.do?id=834019



Iowa Restaurant Association
Legislative Update

3.12.08

Update on Amendment H8084 Vote - HF 2212 "Smokefree Air Act"

The Iowa House passed amendment 8084 to HF 2212 this morning. This amendment allows establishments to designate specific times that they allow smoking, during which only individuals 21 years of age and older are invited or admitted.  

The vote on the H8084 was: 51 Yeas, 44 Nays

This is a huge win for our establishments that wish to accommodate smokers!
The House Journal will be available tomorrow morning. To find out how your representative voted, go to: Bill History for HF 2212 , then click on h8084. Please be sure to thank your representatives for their pro hospitality industry vote! 
To obtain contact information for your representative go to: Iowa General Assembly

The amended version of HF2212 will now go back to the Senate. The Senate will either accept or reject the amended House bill. If they reject it, the bill goes to a Conference Committee. To obtain contact information for your senators go to: Iowa General Assembly

The vote on amended HF 2212 was: 51 Yeas, 48 Nays
To find out who your legislator are, go to: Iowa General Assembly - Find Your Legislator
If you need assistance, call IRA at 800.747.1453, or 515.276.1454.

House votes to allow smoking in bars, restaurants, casinos
March 12, 2008
By O.Kay Henderson
The Iowa House has voted to enact a ban on smoking in most public places, but would still allow it in bars, restaurants and gambling casinos that opt to serve alcohol and keep kids out at night.
Representative McKinley Bailey, a Democrat from Webster City, said Iowa's small businesses need a pass on going smoke-free.  "This allows small town bars that serve as restaurants to the community during the day to go smoke-free and allow children in and serve as a bar at night with smoking allowed," Bailey said. "This is the only way most of these businesses can continue to operate. In many communities, the bar/restaurant is the only business in town and an important part of the community."
Representative Phil Wise, a Democrat from Keokuk, opposed the move, arguing smoke lingers for days in a bar. "The notion that you can have smoking in an establishment from let's say six o'clock at night to two o'clock the next morning and then open up for breakfast at six a.m. and that that's a nonsmoking facility is absurd," Wise said. The House, however, has voted to allow just that.
Representative Cecil Dolecheck, a Republican from Mount Ayr, says an outright smoking ban would shut the doors on many bars and restaurants in rural Iowa. "Allow these businesses to continue to operate," Dolecheck said.
Representative Dave Heaton, a Republican who runs a restaurant in Mount Pleasant, wasn't wild about the proposal, however, arguing it will be difficult for businesses that serve alcohol to comply with the requirement to keep kids under the age of 21 out if smoking's allowed. "I can't imagine...having to post '21 years or older' at the door of my restaurant and only being able to serve those over 21. My bar is in a separate area. My bar has separate air treatment and I have no problem at restricting the people in my bar to the age of 21," Heaton said. "And I think there are other communities, such as Iowa City, who might also relish the fact that they would be able to restrict those in bars to the age of 21."
Representative Ro Foege, a Democrat from Mount Vernon, said he understands businesses are worried about doing something new. "In Ireland and in Scotland, all the pubs have gone smoke-free...and there was a lot of turmoil, like there is in Iowa, and fear about going smoke-free," Foege said. "Prior to going smoke-free it was mostly guys in the pubs...smoking away...Now, without smoke, those pubs are filled with kids and families...and they're actually doing more business."
But Representative Roger Thomas, a Democrat from Elkader, said he believes a smoking ban would put some small town bars and restaurants out of business. "I've never smoked...but I'm also very knowledgeable about what it takes to keep a business running," Thomas said.
Representative Tyler Olson, a Democrat from Cedar Rapids, argued against the idea of allowing smoking in casinos, bars and restaurants. "Obviously, I'm disappointed in the outcome...but I think it's important that we keep this legislation moving forward," Olson said.
The bill now goes back to the Iowa Senate. The Senate earlier voted for a more expansive, statewide ban on smoking in public places but now senators must consider the more lax stand the House has taken on the issue. It's likely the matter will be decided -- if it's decided -- in a 10-member conference committee made up of members from both the House and Senate.
http://www.radioiowa.com/gestalt/go.cfm?objectid=A3D9F7B8-CA97-78AB-AEEC011A271D981E



Smoking ban debate: Iowa bar owners get ready for a fight
Quad City Times - Davenport,IA,USA
These days those opinions are all one-sided — and likely to spark profanity — when the topic is the proposed statewide smoking ban being considered by the ...

 
Dotzler pushes for local option smoking ban
Waterloo Cedar Falls Courier - Waterloo,IA,USA
Notably, the House draft exempts casinos and some private veterans’ functions from the smoking ban. The Senate version includes those locations but does not ...

Iowa Lawmakers Say Pressure Building For Smoking Ban
KPTM-TV - Omaha,NE,USA
JOHNSTON, Iowa (AP) - Lawmakers say political pressure may force the Legislature to approve a ban on smoking in public places this year, but some exceptions ...

Smoking Ban Remains Hot Topic for Legislators
WHO-TV - Des Moines,IA,USA
March 7, 2008 (AP)--Lawmakers say political pressure may force the legislature to approve a ban on smoking in public places this year. ...

Your Capitol Voice: Need more feedback on statewide smoking ban
West Branch Times - West Branch,IA,USA
I also want to invite anyone with a strong opinion about the smoking ban to contact me at the number or address at the end of the column. ...

Smoking ban takes control from private businesses
West Liberty Index - West Liberty,IA,USA
by Index Editorial · March 05, 2008 This legislative session has brought intense debate to the statewide smoking ban. Despite the alleged good intentions ...

Lawmakers discuss smoking ban at public meeting
Council Bluffs Daily Nonpareil - Council Bluffs,IA,USA
The proposed public smoking ban has been a heated issue around the state in recent days and lit up discussion at Saturday's Legislative Coffee. ...

Statewide smoking ban subsides as lawmakers approach funnel week
Waterloo Cedar Falls Courier - Waterloo,IA,USA
By HENRY C. JACKSON DES MOINES, Iowa - A proposed smoking ban has dominated debate at the Legislature for nearly a month, but it will be pushed aside this ...

 

Capitol Update: Smoking ban awakening pro-smokers
 
02/26/2008
By: Charlotte Eby

If my ringing phone and e-mail inbox are any measure, a statewide ban on smoking in public places rolling through the Iowa Legislature is more controversial than many thought.
 
The Iowa House passed a ban on public smoking last week, and the measure is set for a likely debate this week in the Iowa Senate.

After the House vote, a slew of readers with voices seasoned from years of smoking called to say the government should mind its own business.

The proposed smoking ban is awakening a strong pro-smokers' rights contingent.

People who don't generally care what goes on at the Statehouse are starting to pay attention to what's happening in Des Moines, and they're angry.

A large majority of Iowans do not smoke. Some might think that would mean a large majority would support strict restrictions on smoking in public places, but that doesn't seem to be the case based on feedback.

Iowans have a libertarian streak, and many non-smokers are opposed to taking away freedoms from others. They're worried local bars and restaurants will lose business if smoking is banned.

The ban on smoking is an issue that appeared to come out of nowhere when lawmakers convened in January. A small group of lawmakers has long pushed for a ban, but in previous years it appeared unlikely it would earn the votes needed to pass.

Democratic leaders willing to take a gamble this year have made it more likely a ban will be put in place. House Majority Leader Kevin McCarthy, D-Des Moines, could take the credit, or blame, for its passage. Sensing support for new smoking restrictions was picking up momentum, McCarthy was one of its lead proponents in the House.

During the House debate, smoking ban supporters beat back attempts to exempt some types of businesses from the ban.

But the House version of the bill provides an exemption for state-licensed casinos, a contradiction that is not lost on many Iowans, who are calling it hypocritical.

The Senate might be able to address some of the inconsistencies. Sen. Bill Dotzler, a Waterloo Democrat, complains that local bars could lose business from the new casino in town if smokers could head there for a drink instead.

He appears ready to lead the charge in the Senate to ease the smoking ban.
http://www.midiowanews.com/site/tab1.cfm?newsid=19333286&BRD=2700&PAG=461&dept_id=554336&rfi=6


Smoking ban, education, taxes top issues at legislative forum
Waterloo Cedar Falls Courier - Waterloo,IA,USA
A proposed smoking ban that would forbid lighting up in most public buildings, restaurants and bars continues to be a hot topic, Rep. ...

Iowa smoking ban: Forget casino exemption
Quad City Times - Davenport,IA,USA
So some Iowa lawmakers are holding out for a casino exemption to a smoking ban. Fortunately, the Iowa Senate on Wednesday dumped the hypocrisy and passed a ...

Iowa can't exempt casinos in smoking ban
Dubuque Telegraph Herald - Dubuque,IA,USA
By TELEGRAPH HERALD You could debate the merits of a statewide smoking ban, but one thing is certain: A law that allows an exception for casinos is bad ...

Statewide smoking ban passed the Iowa Senate
DesMoinesRegister.com - Des Moines,IA,USA
A sweeping statewide smoking ban passed the Iowa Senate Wednesday night, but whether it becomes law depends on whether Democrats in the Iowa House can now ...

Senate approves smoking ban without exemptions
Sioux City Journal - Sioux City,IA,USA
By Whitney Woodward Journal Des Moines Bureau DES MOINES n The Iowa Senate approved a broad statewide smoking ban this evening, withstanding several ...

Senate approves indoor smoking ban; no exemption for casinos
Quad City Times - Davenport,IA,USA
By DAVID PITT | Wednesday, February 27, 2008 DES MOINES, Iowa - The Senate passed a bill Wednesday that bans smoking in most businesses and public places, ...

Senate begins smoking ban debate
Gazette Online - Solon,IA,USA
By James Q. Lynch DES MOINES — The Iowa Senate has begun debate on House File 2212, the state wide smoking ban approved by the House last week. ...


Smoking ban: A step toward communism

February 24, 2008

SOUTH SIOUX CITY -- The smoking ban legislation being rammed through the Iowa Legislature is another step toward communism. Consider that socialism, as defined, is the intermediary between capitalism and communism. Government control and administration of all property (public and private) is a principle of communism. Bars, restaurants, hotels and casinos are examples of privately owned, commercial property. Yet, the Iowa Legislature and its willing cohorts in the media commonly refer to them as “public places.” I suppose, to announce a smoking ban in all privately owned, commercial establishments (including casinos) would not sell very well.

Moreover, the socialist Democrats claim they are protecting the health and safety of the public. This is based on anecdotal evidence and quack scientific theory that secondhand smoke will cause cancer. Correlation does not mean causation.

The United States fought many bloody battles in order to preserve its freedoms and liberties. Now, socialist Democrats are dishonoring the patriots of freedom and undermining the foundations of our country. Where are the Republican defenders? Have the Democrats beat them into submission? I thought there would be more of an outcry from the business community.

So much for defending property rights, we are about to give up a big chunk of it. -- Joe Reitman
http://www.siouxcityjournalcom/articles/2008/02/24/news_opinion/letters/549d503f71c05f1c862573f80001454f.txt


Fate of statewide smoking ban remains hazy
DesMoinesRegister.com - Des Moines,IA,USA
The smoking ban could be debated as early as Wednesday evening in the Iowa Senate. “We will try to, but I’m not sure if there’sa consensus yet,” Senate ...

Smoking ban has bar owners fired up
Sioux City Journal - Sioux City,IA,USA
"The smoking ban will probably put me out of business," he says. "I'm not a smoker, but probably 80 to 85 percent of my customers are and each one of them ...


House approves ban on indoor smoking, exempts casinos

By MIKE GLOVER
February 20, 2008

DES MOINES, Iowa - The House approved a bill Tuesday night that bans indoor smoking in most businesses and public places but exempts casinos and some private veterans organizations.

The measure was approved 56-44 and goes to the Senate where its future is uncertain.

Supporters touted the bill's health benefits and noted that bars and taverns in other states with similar bans have enjoyed more business since enacting the legislation.

"It actually has the benefits we are looking for," said Rep. Tyler Olson, D-Cedar Rapids, the bill's main supporter.

Largely unspoken in the debate was the enormous financial clout of the state's casino industry, which pumps millions of dollars a year in gambling profits into the state's coffers.

Rep. Carmine Boal, R-Ankeny, tried to extend the smoking ban to cover casinos, but that effort was rejected 51-43.

She said it makes no sense to give exemptions to businesses frequented by thousands of Iowans every day. She said workers in casinos face the same kind of health hazards as other employees and deserve the same protection.

"If this is about health, why would they have any less right to smoke-free air than those who are in the other establishments?" Boal said.

Olson conceded the political reality of the legislative process, calling the bill "progress and not perfection."

The measure would ban smoking in virtually every workplace in the state, as well as restaurants, taverns and other facilities open to the public. Besides casinos, there is an exception for private veterans clubs such as the Veterans of Foreign Wars, but only when those facilities are not open to the public.

Along the way, the House voted narrowly not to include an exemption for taverns, with critics warning of a potential loophole to the smoking ban. They said restaurants and bars could have escaped the restriction simply by restricting access to youngsters.

Olson said lawmakers supported the ban to protect Iowans' health. He warned that 53,000 people nationwide _ and 440 annually in Iowa _ die from the effects of second-hand smoke.

"We know there is no risk-free exposure to second-hand smoke," he said.

"The passage of this bill, with no other exceptions, would protect 99 percent of Iowa's 1.4 million workers."

Illinois and Minnesota have already enacted strict bans on indoor smoking, but the issue is far from settled in Iowa. Senate Majority Leader Michael Gronstal, D-Council Bluffs, said there's no consensus in that chamber on the proposed smoking ban.

Health advocates vowed to push to toughen the measure in the Senate, saying they'll seek to end the exemption for casinos.

"We need Iowans to reach out to legislators and help them understand the important role they play in helping us fight cancer," said Gretchen Tegeler, a vice president of the Iowa chapter of the American Cancer Society.

Gov. Chet Culver has asked lawmakers to approve a measure giving local governments the power to impose their own strict smoking bans, but he has made it clear he would support the statewide ban.

The measure approved Tuesday would not regulate smoking in private homes, hotel rooms that are designated as smoking rooms and outdoor workplaces, except for areas that are designated as smoke-free. A person caught smoking could be fined $50, and a business owner who allows smoking could be fined $100.

The debate was the first time in 15 years that lawmakers have sought to impose new restrictions on indoor smoking. An effort to restrict smoking in restaurants failed in 1993, though a growing number of bars and restaurants have voluntarily gone smoke-free since that time.

The Legislature last year voted to impose a $1-per-pack increase in cigarette taxes to help finance health programs.
http://www.qctimes.com/articles/2008/02/20/ap-state-ia/d8utqb401.txt


Reasonable Smoking Ban

February 18, 2008
 
First of all, I'm a life-long Democrat.  I became a Democrat when Democrats didn't tell other people how to live their lives, no matter how unhealthy or unpopular those choices were.  When Democratic Legislators didn't see their role as surrogate parents.  When being a Democrat meant being a Social Libertarian and not Social Engineer. That's the Democratic Party that used to exist.  So.........
 
I'd like to know what the hell you think you are doing? 
 
I go to a bar in Indianola.  75-80% of the patrons smoke.  The entire bar staff smokes.  No one is complaining. So, what's your problem with that?
 
If you're doing this for the workers, what statistic - what poll - do you have that shows a ban has worker support?  In all the years we've been debating this, I've never seen one, and neither have you.  These workers are simply pawns in the Anti-smoking march towards prohibition.
 
If you're doing it for the workers, why are you exempting the casino workers?  As a matter of fact, if non-smoking is good for business - as we've heard for years - then why are you worried the casinos might lose money? 
 
Perhaps I'm wrong, but isn't OSHA the department that oversees worker safety, not the EPA?
 
And again I may be wrong, but what qualifications do the ACS or ALA or the Ia Dept of Health for ventilation?  Have you had even one ventilation expert in to testify?
 
Smokers aren't demanding to smoke anywhere.  We'd just like to be able to smoke somewhere in public.  You can villify us and ridicule us and tell us what terrible citizens, workers, parents we are all you want.  Just leave us alone, and we'll be happy.
 
The Iowa Restaurant Association gave you a reasonable compromise.  Make smoking age-restricted and let the marketplace do the rest.
Don't be fooled that you have 100% of the 80% of the non-smoking public behind you, because you don't have near that.
 
No ban!  Let us be!
 
Richard Maynard
Indianola, Iowa


Smoking ban focus of Legislative Coffee
Council Bluffs Daily Nonpareil - Council Bluffs,IA,USA
"The smoking ban bill would ban smoking in enclosed public places and certain outdoor places where people gather," said Rep. Doug Struyk of Council Bluffs. ...
Smoking ban bill draws amendments
Dubuque Telegraph Herald - Dubuque,IA,USA
While he feels the bill goes too far in that direction, a second Lukan amendment expands the smoking ban to include motor vehicles in which children younger ...

House smoking debate scrapped for today
Mason City Globe Gazette - Mason City,IA,USA
First of all, no one has asked me, or any of my friends or aquaintances, if we want a smoking ban. There are quite a few of us and our survey says, ...
House leaders delay debate on Iowa smoking ban
Iowa City Press Citizen - Iowa City,IA,USA
By AP DES MOINES — House leaders on Thursday delayed a scheduled debate on a proposed statewide ban on indoor smoking, but the issue could come up next week ...
Debate on House bill to ban smoking is delayed
Radio Iowa - Des Moines,IA,USA
It's mainly Republicans in the legislature who oppose the smoking ban, arguing business owners should be able to choose for themselves whether to ban ...

House likely to take up smoking ban today
Gazette Online - Solon,IA,USA
By James Q. Lynch DES MOINES — The Iowa House will likely have its first major debate of the session today when it attempts to ban smoking in workplaces ...

Your Capitol Voice: Smoking ban exempting casinos a concern
West Branch Times - West Branch,IA,USA
Another topic that made the news is the smoking ban issue. Some Iowans want to leave the policy alone, arguing that it should be the individual owner’s ...
Local Reaction Mixed To Proposed Indoor Smoking Ban
KTIV - Sioux City,IA,USA
He was smoking at a restaurant and the issue then, was about a city wide smoking ban. Fast forward, six years and the smoking ban is still an issue. ...
Question of the Week: Do you support an indoor smoking ban?
Oskaloosa Herald - IA
House Minority Leader Chris Rants said the proposed smoking ban is not a partisan issue and Republicans should listen to their constituents on the matter, ...
Local legislators approve of smoking ban
Marshalltown Times Republican - Marshalltown,IA,USA
Mark Smith, D-Marshalltown, whose committee was considering a proposal that would give local authorities the option of imposing an indoor smoking ban, ...
House panel approves ban on indoor smoking for Iowa
Quad City Times - Davenport,IA,USA
The smoking ban would be enforced on a complaint basis by the Iowa Department of Public Health and an initial violation would bring a $100 fine. ...
Statewide smoking ban endorsed by legislative committee
Radio Iowa - Des Moines,IA,USA
Mississippi River from Illinois, that in fact the smoking ban has harmed that specific industry in Illinois," Wise says. "And I simply did not want to put ...
Lawmakers consider statewide smoking ban
DesMoinesRegister.com - Des Moines,IA,USA
Smoking would be illegal in all of Iowa’s public places, including 50 feet around public perimeters, under a proposal that will be considered in an Iowa ...

Iowa next in line to consider smoking ban
Worthington Daily Globe - Worthington,MN,USA
SIBLEY, Iowa — Nearly a year after legislators debated a smoking ban in indoor public places in Minnesota, Iowa lawmakers appear to be following suit. ...
Smoking ban moves forward in Iowa House
Sioux City Journal - Sioux City,IA,USA
Gambling facilities that border Illinois have seen a boost in business since the state's smoking ban went into effect Jan. 1, Wise said. ...
Local Lawmakers Spar Over Proposed Smoking Ban
KTIV - Sioux City,IA,USA
But some local Sioux City businesses are still not agreeing with any form of the smoking ban. The owner of Rhonda's Speak Easy in Sioux City thinks it's a ...


Radio Iowa News 
Debate begins on smoking ban
January 24, 2008
By Darwin Danielson
State legislators are considering a variety of bills that would either ban smoking statewide or give local governments the authority to adopt bans. Groups on both sides of the issue filled a statehouse committee room Wednesday to speak up about the issue. Des Moines nurse practitioner, Lorene Mein (Mine), closed her clinic so she could talk to lawmakers about banning smoking.
Mein says workers are having to choose between their health and a paycheck and a lot of these people in bars and restaurants don't have any health insurance and then they get to come see me and I get to say "you know what - you get to be on an inhaler that costs an hundred dollars a month they don't have any health insurance to pay for it - so guess how compliant they are."
Mein compares second-hand smoke to another cancer-causing substance. She says second-hand smoke is in the same category as asbestos, and Mein says if you would not sit in a restaurant where people were breathing out asbestos, why would you subject them to second-hand smoke. A lobbyist for the Principal Financial Group also urged lawmakers to adopt a statewide ban, arguing it would make Iowa more attractive to progressive businesses and cut down on healthcare costs.
But a lobbyist for the Iowa Gaming Association, Bill Wimmer, says a smoking ban in the workplace would have a serious economic impact on Iowa casinos. Wimmer says, "No matter what you do in this statute, there are venues in this state that you are not going to be able to impact, and those would be the native American casinos and they are our competition and we've fought for a long time to get a level playing field with them and we would ask you to keep that in mind."
Craig Walter of the Iowa Restaurant Association says businesses should be allowed to decide the smoking issues for themselves. "As long as you make it a legal product, why should you ban a business from the opportunity to get those customers in that chose to go there?, Walter says. Walter says 80-percent of the restaurant industry is already smoke-free, so consumers have choices if they want to avoid tobacco.
But Des Moines bar owner, Amedeo Rossi says a statewide ban would send an important message. Rossi says people get started smoking when they go to bars, "so that's where you incubate smokers." Rossi says if you pull smoking out of bars, people are not going to start smoking. Rossi owns two smoke-free bars in Des Moines and said he banned smoking to protect employees.
Legislators from both parties say they're concerned about the disparity between smoking and non-smoking establishments and warned anti-smoking advocates they may have to agree to some exemptions if they want the bill to pass.
Read


Differences over details doom smoking ban bill

April 12, 2007
By Todd Dorman Journal Des Moines Bureau

DES MOINES -- A bill allowing local governments to ban public smoking has been snuffed out by differences over details, Democratic legislative leaders said today.

  House Speaker Pat Murphy said legislators have been unable to reach a compromise between differing House and Senate versions of the bill. The Dubuque Democrat said it’s unlikely the impasse will be broken during the final two hectic weeks of the legislative session.

  "Because of the amount of objections, I don’t think, this year, we’ll probably have a debate on that," Murphy said. "I think that’s something we might do an interim study on and come back next year."

  A bill that cleared the Senate 30-20 last month would give local governments the power to enact tough new smoking restrictions. But the Senate measure shielded fraternal groups -- such as the American Legion and VFW -- from any new rules.

  A bill that cleared a House committee earlier this year went even further. It included exemptions for several businesses, including cabarets, taverns and casinos.

  The fight over who to exempt -- or whether to shield any businesses -- doomed the bill.

  "If we’re going to turn this back to the cities and local governments, shouldn’t we be giving them some of those decisions instead of taking them right off the top?" Murphy said.

  Backers of the bill argued that tighter restrictions are necessary to protect business patrons and workers from the proven dangers of second-hand smoke. The Iowa Supreme Court ruled in 2003 that local officials currently lack the authority to ban public smoking. The bill would have given them that power.

  Opponents of the bill argued that business owners, not government, should decide when establishments go smoke free.

  Sen. Herman Quirmbach, D-Ames, the bill’s lead Senate sponsor, said he hopes to return to the issue next year.

  "This is an issue that will take a lot of education of people. We continue to build support for local control. It’s the right way to go," Quirmbach said.
Read

Smoking ban bill passes House committee
DES MOINES, Iowa Smoking would be allowed in Iowa's casinos and bars under a bill that would give local governments control over implementing smoking bans.
The measure passed the House Local Government Committee 11-9 yesterday, and heads to the full House.
The bill initially only called for giving local governments power to issue smoking bans. However, Representative Geri Huser, an Altoona Democrat, amended the bill to exclude businesses that cater mostly to people 21 and older.
Huser says casinos, such as Prairie Meadows in her district, contribute significantly to the local and state economy. She says a local smoking ban would put state-licensed casinos at a competitive disadvantage with American Indian casinos.
A competing bill, which would ban public smoking in workplaces statewide, is under consideration by the House Commerce Committee.
Read

Pros, cons of local smoking bans debated
By TONY LEYS, REGISTER STAFF WRITER
February 21, 2007
Anti-smoking activists squared off against bar owners today over a proposal to allow local governments to ban smoking in public establishments.
In a Statehouse hearing, tobacco opponents urged legislators to approve a local-control bill instead of a competing bill that would ban public smoking statewide.
They said local ordinances would be easier to enforce and would be less prone to crippling exceptions that tobacco-industry lobbyists could try to insert in a statewide bill.
Cathy Callaway, an activist for the American Cancer Society, said states that have strong statewide bans started with local measures. “This is where we know we are most effective,” she said.
But several bar owners said customers should be able to decide whether to patronize smoking or non-smoking establishments. “I don’t Iowa to become a nanny state,” said J. Michael McKoy, who owns three bars in Des Moines’ suburbs. McKoy said if the Legislature must pass a smoking ban, it should do it uniformly so businesses all would face the same set of rules. “Don’t make Clive fight with Urbandale,” he said.
Wes Ehrecke, representing the Iowa Gaming Association, warned that casinos could lose millions of dollars if they are forced to ban smoking. “Customers have choices of where to spend their entertainment dollars, and employees have choices of where to work,” he said.
Ehrecke said Ontario casinos saw a 33 percent drop in revenues after they were forced to ban smoking, and the same kinds of losses could be seen here. He added that Iowa casinos have invested in high-tech ventilation equipment that can leave inside air cleaner than outside air.
The anti-tobacco activists scoffed at such claims. Dan Ramsey, who represented the American Lung Association, referred to a surgeon general’s report declaring any level of secondhand smoke to be unsafe. Air-moving systems can clear away visible smoke, he said, but they can’t remove all cancer-causing poisons. “Ventilation simply does not work,” he said.
Amadeo Rossi, who owns the Lift, a non-smoking bar in Des Moines, disagreed with other bar owners who spoke at the hearing. He disputed arguments that smoking bans would hurt business. “Smoking indoors is just not reasonable,” he said.
The local-control proposal is House Study Bill 89. The statewide-ban proposal is House Study Bill 24. Both are now being considered by legislative committees.
Read

Panel backs bill to allow limits on smoking
Iowa law does not permit cities or counties to set such restrictions.
February 20, 2007
By JONATHAN ROOS, REGISTER STAFF WRITER
At least a dozen Iowa cities are interested in adopting local bans on smoking in public places, and the Legislature could soon give them that option.
A Senate committee endorsed legislation Monday that would allow cities and counties to impose smoking restrictions for public places that are more strict than state regulations.
Ames and Iowa City are likely to be in the vanguard. The pair of communities had local smoking bans that were overturned by the Iowa Supreme Court in 2003.
Other cities looking at such ordinances include Grinnell, Mason City, Sioux City and Waterloo, according to Susan Judkins, a representative of the Iowa League of Cities.
"We want to get people interested in a stricter anti-smoking ordinance," Grinnell Mayor Gordon Canfield said.
"We've been waiting to see what the Legislature does," said Canfield, a former smoker who took his last puff in 1980. "We thought we'd wait until the smoke cleared."
The situation became a little clearer Monday when the Senate Local Government Committee voted 9-3 in favor of a bill that would remove legal roadblocks for cities and counties that want to get more strict about smoking in public places.
Senate Study Bill 1162 still has a long way to go; its next hurdle is a debate and vote by the entire Senate.
Lawmakers are also considering a statewide ban on smoking in workplaces and most public places, including bars, restaurants, shopping malls, banks, child care centers, government buildings and entertainment venues.
However, the local-option legislation is given a better chance of making it to Gov. Chet Culver's desk.
Thirty-three states allow cities to impose local smoking bans on restaurants, bars and similar establishments. Iowa is among the 17 states that do not.
"It's time for Iowa to join the ranks of those states that are acting aggressively to protect the public's health," said Sen. Herman Quirmbach, an Ames Democrat who heads the Local Government Committee.
More than 500 Iowans die annually from exposure to second-hand smoke, Quirmbach said.
Critics said it was another case of government meddling.
"Government has a tendency to want to tinker in other people's business and make choices," said Sen. Paul McKinley, a Chariton Republican. "Will trans fat be next, and what after that?"
A recent Des Moines Register Iowa Poll found that 75 percent of Iowans favor allowing cities and counties to ban smoking in public places. Among smokers, one-half are opposed to the idea and 43 percent support it.
The Legislature is also considering Culver's recommendation to increase Iowa's cigarette tax from 36 cents to $1.36 per pack.
Reporter Jonathan Roos can be reached at (515) 284-8443 or jroos@dmreg.com
Read

Area businesses prepare for potential statewide smoking ban
February 11, 2007
By DREW ANDERSEN, Courier Staff Writer
CEDAR FALLS -- Smokers constitute a minority of bar and restaurant patrons in the Cedar Valley, outnumbered nearly 3-to-1 by nonsmokers.
A recently proposed bill in the Legislature would make it illegal to light up in all public businesses --- including bars and restaurants --- but local proprietors hope smokers aren't left out in the cold.
Darin Beck, owner of Barmuda MMC and chairman of the Iowa Restaurant Association, spoke with legislators Monday about a range of issues, including the smoking ban bill. Beck voiced his concerns with lawmakers such as House Speaker Pat Murphy, Senate Majority Leader Mike Gronstal, Senate Minority Leader Mary Lundby and House Minority Leader Christopher Rantz.
"We're not pro-smoking or anti-smoking, we're pro-business," Beck said. "Businesses should have the right to accommodate clientele as needed. We don't need government interfering at this level."
Barmuda is the parent company of several local establishments, some smoke-free and some not. Beck said the market properly determines the number of nonsmoking bars in any given area, and the Cedar Valley area was on par with approximately 80% of restaurants being smoke-free to accommodate the 80% of citizens who do not smoke.
Other venues than restaurants could be affected by a smoking ban. Dan Corbin, general manager of the Waterloo Bucks, said mandatory smoking areas at Riverfront Stadium cost the franchise a few season ticket holders, and Riverfront would be subject to even stricter policies under the proposed bill. Casino owners, especially those near state borders, have voiced concerns patrons will eschew Iowa casinos in favor of those in other states that allow smoking.
Supporters of the bill argue public health should be the top concern of lawmakers. They contend nonsmoking patrons and employees at restaurants, bars and casinos should not be subjected to potentially hazardous second-hand smoke.
Some local businesses are not concerned about the bill. Nate Clark, assistant manager at Pepper's Bar and Grill in Cedar Falls, believes his restaurant's loyal customers would still come out, even if they could not light up.
"People don't come here to smoke," said Clark. "They come here to eat food and watch the game. They come here for the social effect, and if they have to step outside to have a smoke, I don't think they would have a problem with that."
The nonsmoking trend of the local restaurant industry is noticeable, but bars have predominantly remained open to smokers. That is why B&E Ventures owner Buck Clark's Waterloo bars, Jameson's Irish Pub and Monica's Piano Bar, are such rarities. Both of his establishments are smoke-free, but Clark has learned to cater to the needs his smoking clientele.
"We have areas outside of both bars specifically for smokers," said Clark. "We have heaters in the winter, and the areas are at least partially shielded from the wind."
Establishments such as Jameson's and Monica's might suffer from a statewide smoking ban. A portion of their customers frequent the bars to escape second-hand smoke.
"If a ban is passed, nonsmoking bars would lose their competitive advantage," said Beck. "You could even look at bars with smoking as having a competitive advantage in certain areas."
Bars and restaurants that allow smoking would likely be forced to make accommodations similar to the ones offered at Jameson's and Monica's. Dave Morgan, general manager of Mulligan's Brick Oven Grill in Cedar Falls, said his restaurant would probably invest in outdoor heaters if the bill passes. However, in at least one version of the bill, even outdoor smoking would be banned within 50 feet of any nonsmoking public business. The only place Mulligan's could set up a smoking area would be on the far side of its front parking lot.
"Think about a place like Main Street," said Beck. "You might break the law just by having a smoke while driving your car down the road."
Beck put the odds of some form of the bill being passed at "about 50/50." He believes the recently elected legislative body has more pressing issues at hand than the smoking ban. Also, Gov. Chet Culver has said he favors allowing cities or counties to regulate smoking --- a notion that does not sit well with most area businesses.
"I would hate for Cedar Falls to impose a ban and Waterloo to allow smoking," said Morgan. "It would give an unfair advantage to Cedar Valley businesses."
Citywide bans were attempted in Ames and Iowa City in 2002 and 2001, respectively, but both were repealed after the Iowa Supreme Court ruled the bans violated Iowa State Code. And even if the current bill for the statewide ban is shot down, the issue could easily resurface.
"We've been fighting this for about eight years now," said Beck. "It's a very complex and emotional issue for both sides."
Contact Drew Andersen at (319) 291-1418 or drew.andersen@wcfcourier.com.
Read

IowaPolitics.com: Smoking Ban, Bullying Bill on Legislators' Radar
1/29/2007
Chris Dorsey
DES MOINES -- Two Des Moines lawmakers are renewing their push to make Iowa bars and restaurants smoke-free enviroments. State Rep. Janet Petersen and State Sen. Matt McCoy, both Democrats, said Monday morning they feel they have the necessary support from colleagues and Iowans to make this effort a reality.
The proposed bill has not taken off in the recent years when McCoy and Petersen pitched the legislation. McCoy and Petersen are proposing the bill once again and the first look at the legislation will be 3 p.m. Wednesday in the House Commerce Committee.
"This is a very serious issue," McCoy said of the smoky environments employees at restaurants and bars face on a daily basis. "We are doing this to protect the workers in Iowa. Iowa schools, state offices and many private comapnies have recognized the public health threat posed by smoking and taken action to clear the air in their buildings. Smoke-filled restaurants and bars which damage the health of their employees and customers should do the same."
Petersen said this issue is one of the most common requests made by people of all ages -- eliminate smoking in public places. The proposed bill would also eliminate smoking at sporting venues and casinos.
"This is a bill whose time has come," McCoy said.
The legislators say the proposed legislation comes without any cost to the state to enact. And, both lawmakers said they have received a lot of support from the Iowa hospitality industry. Petersen said she has received only one negative e-mail and that was from an Iowa resident who favors smoking in designated establishments.
"Waiters, bartenders and other employees currently could spend their entire working life in a relatively confined space, surrounded by secondhand smoke," Petersen said. "Accepting an increased risk of cancer should not be a condition of employment."
***Angelo Looks to Amend Bullying Bill***
An anti-bullying bill passed 11-4 by the Senate Education Committee is now due to go before the entire Senate for debate.
The anti-bullying legislation has been discussed at the Statehouse for the past three years, but could not gain any momentum due to the lack of GOP support. Republican lawmakers said they wanted the proposed bill to be inclusive for all students and not just focused on the bullying of students based on creed and sexual orientation.
This time, it passed the Education Committee on an 11-4 vote.
Sen. Jeff Angelo, R-Creston, said he plans to add an amendment to the proposed legislation that would eliminate language relating to non-public schools. In religion-based schools, he said the language in the bill could infringe on freedom of religion and freedom of speech, Angelo said.
"No child should be bullied for any reason," the state senator said. "My amendment is not meant to water down or poison the bill in any way.
Read

Let market decide smoking issue
January 24, 2007
I applaud Jeff Hunter, owner of the Hotel Fort Des Moines and the Raccoon River Brewing Co., for taking the initiative to make his establishments smoke-free without the help of government.
This is a major difference between those of us on the smokers'-rights side of this issue and the anti-smoking lobby. We trust the marketplace. They don't. We simply respect the rights of business owners to make their own decisions concerning their own businesses.
If smoke-free is truly good for business, others who own similar establishments will likely follow. There is absolutely no need for a law to make it so.
- Richard Maynard,
Iowa State Coordinator
The Smokers' Club Inc.
Read

Anti-smoking advocates say ban more likely
December 01, 2006
DES MOINES, Iowa -- Higher taxes on cigarettes and all-out smoking bans could become reality under Democratic control of the Statehouse, anti-tobacco advocates say.
They claim that for several years Republican leaders have stunted efforts to pass smoking regulation.
State Sen. Herman Quirmbach, D-Ames, advised anti-tobacco advocates on strategy during a recent meeting of the state Tobacco Use and Prevention Commission. Quirmbach, who opposes smoking, reminded leaders that bar and restaurant owners and cigarette smokers must also vote.
The Iowa Restaurant Association would oppose any smoking bans, members said.
"We'd like the government not to tell us how to run our business," said Suzanne Summy, a Johnston restaurant owner.
Gov.-elect Chet Culver has said he backs higher cigarette taxes and local control of smoking bans, because they would help cut smoking and protect nonsmokers.
Anti-smoking proponents are split about whether a public smoking ban should be decided at the state or local level for cities and counties to decide.
Threase Harms-Hassoun, an anti-tobacco lobbyist, favors local decision-making, because she says it is harder for corporations to block.
"I guarantee you, right out of the chute, you would have 10 or 12 communities ready to go," Harms-Hassoun said of local plans.
Smoking opponents say at least 15 states have imposed smoking bans, and 33 of them allow cities to impose local bans.
Read

State Democrats renew anti-tobacco focus
The change in control of the Legislature means new potential for a cigarette tax increase and a ban on smoking in public places.
November 27, 2006
By TONY LEYS REGISTER STAFF WRITER
Smoking opponents hope this month's elections increase the prospect of higher cigarette taxes and more smoke-free restaurants and bars in Iowa.
Anti-tobacco activists have been frustrated for years in the Iowa Legislature, where Republican leaders kept their bills stuck in committee.
Now, Democrats will control both houses of the Legislature. "Politics is a team sport, and when your team has more players than the other team, your team gets to call the plays," said state Sen. Herman Quirmbach, an Ames Democrat. Quirmbach, who opposes smoking, advised anti-tobacco activists on strategy during a recent meeting of the state Tobacco Use and Prevention Commission. He warned them not to get overconfident because bar owners and cigarette smokers vote, too.
The proposals are sure to face tough opposition from people like Rich Bartlett, owner of Southside Tobacco and Liquor in Des Moines.
Bartlett agrees that a cigarette-tax increase is more likely after the Democrats' victory. "You know politicians," he said. "If they sniff a dollar, they'll follow the money trail."
He hopes the state avoids aggressive proposals, such as one to add a dollar to the current 36 cent tax. That proposal would nearly quadruple the tax, which he said would be an injustice. "We used to shoot redcoats over a lot less than that," he joked.
Bartlett said such a measure would cost him several thousand dollars in taxes he would have to pay on the big stacks of Marlboros, Camels and other cigarettes he keeps in stock. He doubts a tax increase would cut smoking much, but he said it might encourage more people to break the law by driving to Missouri, where the tax is 17 cents per pack, and returning with trunks of cigarettes.
Democrats in the new Legislature said it's too soon to predict what will happen.
Sen. Mike Gronstal, who will be the Senate majority leader, acknowledged that anti-tobacco proposals were sidetracked under the previous regime. "I certainly think lots of things are possible now that weren't possible before," he said.
Gronstal, D-Council Bluffs, said many members of both parties want to consider raising cigarette taxes, but he's unsure by how much. He also said he personally favors allowing cities to ban smoking in public places.
The new House Speaker, Pat Murphy, D-Dubuque, has said legislators' zeal for a cigarette-tax increase might have cooled in recent years as the state budget improved and the need for new revenues declined.
Gov.-elect Chet Culver, a Democrat, has vocally backed higher cigarette taxes and local control of smoking bans, saying they'd help cut smoking and protect non-smokers.
In the past, the issue has not been strictly partisan. Although Republican leaders grounded anti-tobacco proposals, some Republican legislators voiced support for the measures.
Smoking opponents disagree over whether they should try for a statewide ban on smoking in public places, or whether they first should seek permission for cities and counties to institute local bans.
At least 15 states have imposed smoking bans, and 33 states allow cities to impose local bans, smoking opponents say. Some activists fear that if legislators try to pass a statewide ban, tobacco interests could lobby to have it filled with exemptions and loopholes. "If we don't get it right, we will have a very crappy law on the books for a very long time," said Jane Miiller, who represents the American Lung Association of Iowa.
Threase Harms-Hassoun, an anti-tobacco lobbyist, said tobacco companies would have a harder time blocking or watering down local ordinances. Ames and Iowa City already passed smoking bans, which were overturned by the Iowa Supreme Court. If the Legislature changed the law to allow local bans, Harms-Hassoun said, "I guarantee you, right out of the chute you would have 10 or 12 communities ready to go."
State Rep. Janet Petersen, D-Des Moines, favors a statewide ban. She says businesses are more likely to oppose local bans, which could leave them open to competitors in other cities without bans. But she said she has asked legislative staff members to draw up versions of both types of bills for legislators to consider.
Any smoking-ban bill would be opposed by the Iowa Restaurant Association. "We'd like the government not to tell us how to run our business," said member Suzanne Summy.
Summy is general manager of Trostel's Greenbriar Restaurant in Johnston, which allows smoking in the bar but not in dining areas. Her company owns two other restaurants. One, Trostel's Dish in Clive, doesn't allow smoking. The other, Chips in Ankeny, allows smoking in the bar.
Summy said her company is responding to what people want, which is how it should be, she said.
Reporter Tony Leys can be reached at (515) 284-8449 or tleys@dmreg.com
Read

National Cancer Institute bans meetings in Iowa

August 22, 2006
by Matt Kelley

The National Cancer Institute is banning Iowa from its list of places where it will hold meetings because the Hawkeye State doesn't have a statewide restriction on smoking. Doctor George Weiner, director of the Holden Comprehensive Cancer Center at the University of Iowa, says it should be a wake-up call for Iowa's legislators.

Weiner says "I'm hopeful this will give the state extra incentive to push forward with stronger anti-tobacco policies. It is embarrassing to be on this list but if we are progressive and if we care about our citizens, we'll take this as a sign that we need to move forward."

While several Iowa communities and most hospitals statewide have enacted smoking bans, Weiner says it wasn't enough for the National Cancer Institute to give its seal of approval. He says Iowa's not alone on the list. In all, 13 states don't have what the N-C-I considers adequate regulations on second-hand smoke and based on that, they don't want people attending conferences in those states or they might risk exposure to the carcinogens in second-hand smoke.

Research shows second-hand smoke is to blame for the deaths of up to 60-thousand adult non-smokers in the U.S. every year. While the N-C-I list is something of a black mark against Iowa, Weiner says he doesn't blame the agency for the extreme stance it's taking on the issue.

Weiner says "This is a very important issue. Second-hand smoke clearly is a cause of cancer-related deaths and although there are different degrees of exposure to second-hand smoke, I think it's very reasonable for the N-C-I to make this rule, given that its mission is to decrease suffering and death from cancer."

The institute says its meetings are off-limits to the following states: Iowa, Kentucky, Michigan, Nevada, New Hampshire, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee and Virginia. The N-C-I is responsible for nearly 20-million dollars annually in research funding at Holden Comprehensive Cancer Center at the U-of-I, Iowa's only N-C-I-designated cancer center.
Read


Vilsack remembers family losses, urges tobacco tax hike
TIM HIGGINS, REGISTER STAFF WRITER
March 28, 2006
Gov. Tom Vilsack appeared visibly shaken Monday, following the death of a confidant and friend last week, as he remembered previous losses in his family to addiction and pressed for a tobacco tax increase that he believes will save lives.
Read

Go to the article above and read Governor Vilsack's new cause for raising cigarette taxes. His former Chief of Staff Stephen Gleason, a prominent Des Moines physician, was found dead in his home Saturday from what police said was an apparent suicide. Dr. Gleason had relapsed into drug addiction.
Vilsack is capitalizing on this, and the fact his alcoholic mother used to beat him with a belt, as another reason to raise the cigarette tax.
He seems to forget that his mother beat him with a belt because she was drunk, not because she was smoking.
What very little respect I had for the governor is now completely gone.
- A Newsletter Reader


Pressure is on: Bills face dead end this week
February 27, 2006 JONATHAN ROOS
Iowa lawmakers are unlikely to ban smoking in the workplace or prohibit teen drivers from using cell phones.
... Another casualty of the bill deadline is likely to be legislation that would make nearly all businesses, including restaurants and bars, smoke-free.
... This week's funnel deadline does not apply to budget and tax bills, such as those that would increase the cigarette tax or beer tax as Vilsack has recommended.
Read


Proposed smoking ban: A drag or delight?
January 30, 2006 JEFFREY PATCH
Smokers and nonsmokers in Des Moines-area restaurants and bars are debating new anti-smoking legislation in the Iowa Legislature this year.
Read