Smokers may not be left out in the cold this winter after the Wisconsin Assembly voted Friday morning to amend the statewide smoking ban and allow certain outdoor smoking facilities.
The amendment also cleaned up the language of the bill, closing a loophole that would have allowed indoor smoking in some places.
Gov. Jim Doyle signed the statewide smoking ban last May, prohibiting smoking in general public areas like workplaces, restaurants and bars.
The ban, which will begin July 5, prohibits indoor smoking in areas with more than two “substantial walls.” But the bill’s definition of “substantial wall” failed to include walls with no windows. The result was a loophole that would have allowed smoking in rooms with two or more windowless walls.
“What’s happened is that our beloved Department of Commerce has gotten creative in the rule-making process,” Rep. Steve Kestell, R-Elkhart Lake said.
Executive Director of Smoke Free Wisconsin Maureen Busalacchi said there was some concern that if an establishment had four solid walls you could smoke inside.
The amendment expands the definition of “substantial wall” and clarifies what types of outdoor smoking facilities will be permitted under the ban.
“It defines what… a bar could build as a porch area so in the winter people can go outside and smoke in an enclosed area, not in the bar,” Rep. Mary Hubler, D-Rice Lake, said during session.
But critics of the amendment believe the bill needed further consideration to ensure no more loopholes remained.
“The smoking ban was a proud accomplishment for this body, and I would hope we wouldn’t toy with it today on a hastily drafted amendment,” Rep. Jon Richards, D-Milwaukee, said on the floor.
Other opponents believe the definition is too broad and undermines the original purpose of the ban.
“It really doesn’t do what it’s intended to do,” Rep. Karl Van Roy, R-Green Bay, said at session. “I just can’t believe that we’re trying to put a couple windows in a wall and say, ‘OK, now you can smoke wherever you want.'”
Hubler pointed out the amendment would not have a large impact on the bigger picture.
Despite the concession, anti-smoking groups are satisfied with the ban’s overall purpose.
“They want a little more shelter than we think is necessary, perhaps,” Busalacchi said. “But the intent of the law is to protect people from second-hand smoke, and we think ultimately that is going to be accomplished.”