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Debate hits as Legislature decides whether to enact statewide smoking ban

The state Legislature is in the process of crafting and debating a potential statewide smoking ban for indoor workplaces, which is being met with mixed feelings from local municipalities and Madison residents.

While industry group the Wisconsin Restaurant Association supports a statewide ban, the measure is opposed by the Tavern League of Wisconsin, a nonprofit trade organization representing bars and restaurants. According to the league�s website, most members want to help fight any sort of state ban.

Richard Lyshek, the Tavern League�s Dane County president, said he despises smoke personally, but the statewide ban would undermine a person�s individual liberties.

�I am not so arrogant to impose my personal preferences on others,� Lyshek said. �It�s an assault on personal property.�

Lyshek called the ban unnecessary because nonsmoking areas in restaurants already exist.

�In practice, there are no restaurants you go into and have to worry about smoke,� he said. �And if there is a large demand for nonsmoking bars, the bar can set its own rules.�

Currently, a citywide smoking ban exists in Madison.

George Twigg, communications director for Mayor Dave Cieslewicz, said the mayor would strongly support a statewide smoking ban, as the citywide ban has been very effective.

�The citywide smoking ban has been good for the health of people who work in bars and people who go to bars and restaurants,� Twigg said.

The Nitty Gritty in Madison was not as excited about the citywide smoking ban, as it gave bars and restaurants outside Madison a competitive advantage, said Eric Suemnicht, manager of the Madison location and partial owner of the one in Middleton.

�We support a statewide ban because it makes it fair for everybody,� Suemnicht said. �I work at two Nitty Grittys running under two different laws. Smoking is an advantage for us in Middleton.�

Wisconsin residents are quite torn on the possibility of a statewide smoking ban.

�I don�t think it�s fair. Restaurants should be able to choose whether they allow smoking or not,� said Brett Sackett, a Madison resident. �I think it�s pissing a lot more people off than it�s helping. I don�t think [Gov.] Jim Doyle should dictate what I can or cannot do.�

Kayla Tyson, a Nogginz employee from Fitchburg, said she hates reeking of cigarette smoke the next morning after going to bars.

�My hangover is almost worse when I was at a smoking bar the night before,� she added.

Even Patti McDonald, a nonsmoker from Minnesota, where a statewide ban is active, is unsure about the legitimacy of any sort of smoking ban.

�I�m torn because it is a legal activity, and businesses have gone off from no smoking,� McDonald said. �It�s better that it�s statewide rather than countywide, so it doesn�t take business away from certain counties.�

Nicole Seifert, a student at Edgewood College in Madison and a Buffalo Wild Wings employee, said she is a smoker but absolutely supports a statewide smoking ban.

�I am concerned with the health of everyone, especially people who work in bars because they have to be around smoke all the time,� Seifert said.

2 Comments | Leave a comment

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RE: I don�t think [Gov.] Jim Doyle should dictate what I can or cannot do. RE: It�s an assault on personal property.

Your rights end when you are negatively influencing the health of those around you. We have OSHA, child labor laws, minimum wage laws and liquor laws because businesses and the market have shown time and time again they cannot regulate themselves and are perfectly happy making a buck at the expense of the health of workers and the public.

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Well, using your safety justification, how come OSHA ruled against regulating secondhand smoke years ago, and deemed SHS too statistically insignificant to regulate? Not to mention, you’re also overlooking all the exaggerated and fraudulent studies that anti-smoking groups have gotten away with presenting to cities, towns, counties, and states for too long now to falsely justify smoking bans.

Finally, you overlook the fact that even in non-ban areas, smoke-free businesses already exist, if smoking bothers anyone that much. It’s NEVER right to impose the will of a fanatical minority within the majority non-smoking population down the throats of all people, and of business owners. Wisconsin would be much better off adopting a signage law, similar to ones adopted in communities such as New Haven, IN and Lake Saint Louis, MO. Such a law, which was passed in these 2 example communities instead of total bans, require places allowing smoking to post clear exterior signage stating their smoking policy.

Such a policy, unlike a total smoking ban, would be a true win-win solution for both non-smokers and smokers. Now as a non-smoker and libertarian, this is what Wisconsin should be truly looking at, although I’m more than intelligent enough to know Gov. Doyle would shamefully never favor such a fair law as that.

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