Just a few weeks after the City of Madison Common Council narrowly voted to leave the smoking ban intact, a freshman alder and a group of bar owners are preparing to propose plans for a compromise.
Ald. Larry Palm, District 15, was initially among those who, while calling for a referendum, supported the smoking ban. But during the last vote, he switched sides, joining eight others voting to change the ban.
The ban survived by only a 10-to-9 vote, and now Palm is working on his own proposal to allow smoking in some bars.
"I was looking to help out bars that are small cubbyhole places," said Palm. "I've got district residents, actual living people, who care about this because they enjoy the pleasure of smoking."
Palm said he hadn't finished his new proposal but was considering several possibilities. Under one idea, he would limit smoking only to bars where alcohol made up more than 80 percent of the sales and only after 10 p.m.
Palm also said he had recently considered adding a seating limit so the ban would be lifted from smaller bars only.
Palm said his desire is to implement a plan that will phase out all smoking over several years.
Palm acknowledged the plan might be difficult to enforce, saying: "It's harder for us to say we'll have smoking raids." But he also noted the city is having a difficult time enforcing the ordinance now.
Despite his efforts, Palm has not won support from local bar owners.
"Aldermen have proposed things, but no one has talked to us first," said Joe Klinzing, co-chair of the Coalition to Save Madison Jobs and owner of the South Bay Lounge on Raywood Road on the city's south side.
The anti-ban coalition has also been working with other aldermen to come up with their own compromise. Their proposal would focus on creating a grandfather clause to allow smoking in some bars but limit smoking to certain hours.
"Something needs to be done," said Klinzing. "Some businesses are hanging on, waiting for something to happen." He added the sales in his bar are down 10 percent and are still declining.
Both proposals also face significant opposition from public health organizations.
"It is important to be protected against second-hand smoke regardless of the time," Jeff Ranous, advocacy director for the Wisconsin chapter of the American Heart Association, said. "A person working at a bar at 8 p.m. should be as protected as a person working at 10 p.m., and the patrons as well."
But even when discussing his own proposal, Palm acknowledged the dangers of smoking. He noted even smokers "know it's harmful, they know it's unhealthy, they know they're going to die from it."
Palm acknowledged the difficulty in negotiating a compromise because both sides are so entrenched.
"I could pull it tomorrow," said Palm, referring to getting rid of his proposal. "I've seriously thought about it because of what Joe Klinzing has said."