Tuesday night (and well into Wednesday morning), the Madison City Council had the perfect opportunity to rectify their past mistake by repealing the city-wide smoking ban. Having rejected the city's best interest by a vote of 10-9, the council failed to seize this opportunity to rid Madison of such a colossal error of judgment.
The problems of this capriciously broad law are blatantly apparent. The ban applies to cigar and hookah bars — businesses that rely heavily on a clientele that engages in an activity now prohibited by the council. Although the council had the opportunity to include an exemption for these specialty businesses, it instead decided to watch the businesses go under.
The law also does not provide an exemption for sole proprietorships — businesses owned by an individual responsible for all liabilities. Although the law has the primary goal of protecting the health of employees, many of these businesses have only the owner on the payroll. We believe it should be up to the owner to decide if he wants to inhale secondhand smoke.
Nonetheless, the drafters of such a law believed they would protect the health of employees even more by shielding them from the dangers of the byproduct of chewing tobacco. We challenge the council to find a single documented case of cancer derived from secondhand chew.
Most employees know what they are getting into when they choose to work in an environment where smoking is permitted. If workers prefer not to work in a tobacco-rich atmosphere, this city has other viable options for employment. Madison has always enjoyed some of the lowest unemployment rates in the nation. Those seeking jobs in this city are more apt to find "Help Wanted" signs rather than an employer explaining they are not currently accepting employment applications.
Furthermore, tobacco usage is one of the few — if not the only — commonly practiced legal activity to be prohibited by the city when exercised on private property. We find it troubling the council would take it upon itself to regulate private businesses allowing a legal activity to occur on their premises.
Finally, it is disappointing the council would be willing to play Russian roulette with one of the city's most valuable industries. This law, as it has already begun to show, has the potential to cause economic devastation on the businesses of this city, especially those on the outskirts of town where bar patrons are likely to drive the few additional minutes to enjoy a cigarette.
The council had an opportunity to rid this city of a horrible law. They failed miserably.