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Committee Slated to Take Up Divisive Anti-Smoking Legislation


By Robert E. Martin

State Sen. Jason Allen agreed after the November Presidential election that The Commerce & Labor Committee, which he chairs, will hear a bill to ban smoking in restaurants in Michigan, hours after the bill's sponsor, Sen. Ray Basham, carried his fight to Allen's hometown in Traverse City - the state's most smoke-free city.
        

According to a report by Brian McGillivary in the Traverse City Record Eagle, Allen also stipulated his willingness to open hearings on the bill with remarks stating that he does not necessarily believe that Basham's anti-smoking legislation will earn a committee vote of approval.

Basham, a Democrat from Taylor, has been waging a media blitz in order to prod Allen into granting a hearing and a vote on Senate Bill 186, which has languished in the Allen-chaired Commerce and Labor Committee.
            

The bill would prohibit smoking in all state restaurants and most bars that serve food. Basham views his legislation as being strictly about public health rather than a further erosion of individual liberty and the freedom of choice.  " It's an epidemic when 2,500 people a year die from second-hand smoke in Michigan," he stated.
     

Ironically, anti-smoking legislation is a convenient albeit difficult target for legislators to focus upon, especially considering their unwillingness to tackle true public health threats such as dioxin contamination and emission, would could readily be curtailed and eliminated through fines & legislation that assumed control over the expanding crisis.  Moreover, with the State legislature justifying recent tax increases on tobacco to finance Medicaid and government operations that have lost revenue through tax shifts and cuts, such a move would easily sink the government deeper into red ink while decimating the food & beverage industry, much as it has done in New York and California.
Traverse City leads the state in smoke-free restaurants with 155.
         

Basham charges that powerful tobacco and restaurant industry lobbyists have kept his bill from getting a hearing. Last spring Basham told the Detroit Free Press that Allen refused to give his bill a hearing. Basham asserts that Allen then promised him a hearing in the fall, but never scheduled one.

Allen responded by saying his committee addressed a number of important bill packages and t

 Allen said by early next week he will schedule the bill for a spring hearing. He would not promise a vote.

       

"Well, maybe that's progress. I guess we'll have to wait and see," Basham said, adding that he may pursue a referendum to place the issue before voters if lawmakers won't address his bill.
           

Allen questioned its need, considering the growing number of establishments going smoke free in Michigan.
      

 "I'm very concerned about the bill," Allen said. "There are restaurateurs in our community that have expressed concern."
      

The Michigan Licensed Beverage Association and Michigan Restaurant Association oppose the bill, and are against extending it a hearing.
        

Private clubs like VFW halls or the Elks are exempted, they say, as are bowling alleys, making it more difficult for small restaurants to compete.
     

Martin Van Valkenburg, spokesman for the Michigan Licensed Beverage Association, said when people go to bars they expect smoke. He also said proper ventilation and non-smoking areas are adequate to protect the public health.
       

Perhaps writer Fran Lebowitz summed up the core issue best when she wrote, "I understand that many people find smoking objectionable. That is their right. I would be the very last to criticize the annoyed. I myself find many things objectionable. Being offended is that natural consequence of leaving one's home. I do not like after-shave lotion, adults who roller-skate, children who speak French, or anyone who is unduly tan. I do not, however, go around attempting to enact legislation and put up signs. When it is necessary to go out of the house they must be prepared, as am I, to deal with the unpleasant personal habits of others. That is what 'public' means. If you can't stand the heat, get back in the kitchen.

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