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Smoking Ban Dragging? Bill Faces Fight, but Gets 1st Vote Tuesday (WI)
Madison.com ^ | January 5, 2008 | Judith Davidoff

Posted on 01/06/2008 7:23:28 AM PST by Diana in Wisconsin

Although France, a country known as much for its smoky cafes as its patisseries, recently snuffed out smoking in all public places, smoking opponents in Wisconsin are facing an uphill struggle to muscle a similar proposal through the state Legislature with only a couple of months left before adjournment.

The bill, which would ban smoking in all Wisconsin restaurants and bars, is poised to get its first scheduled vote Tuesday in the Senate Committee on Public Health, Senior Issues, Long Term Care and Privacy. But Sen. Roger Breske, D-Eland, a former tavern owner, wants to exempt bars from the bill, and Senate Majority Leader Russ Decker, D-Schofield, has said he would not schedule a full vote on the Senate floor until Breske is able to reach a compromise on that issue with Sen. Fred Risser, D-Madison, the bill's author.

Risser said Friday he has had several conversations with Breske, but the two have not reached any compromise. Neither Breske nor Decker returned phone calls for comment.

Introduced in April by Risser, the bill was initially buoyed by the support of the Wisconsin Restaurant League, which had opposed repeated previous efforts to implement a statewide smoking ban, and Gov. Jim Doyle, who announced plans last January to push for a ban and a $1.25 hike in the cigarette tax. But when Sen. Judy Robson, D-Beloit, was ousted in October as Senate majority leader in favor of Decker, the bill's fortunes changed.

Alison Prange of the American Cancer Society and other supporters of a comprehensive statewide smoking ban say they are confident the bill would pass if it made it to the floor of the state Senate or Assembly.

"We feel very good about our chances," she said Friday.

Doyle spokesman Matt Canter said the proposal remains a key issue for the governor, who intends to continue working to get it passed by both houses of the Legislature.

"The governor hopes and expects to have action in the beginning of this year," Canter said. "We believe we have the votes. This was part of our effort to raise the price of smoking and create smoke-free facilities all across the state."

John Miller, spokesman for Assembly Speaker Mike Huebsch, declined to say whether the speaker supported the bill or an exemption for taverns.

"He's going to wait to see what they come up with," Miller said in reference to the state Senate.

Prange said that if the bill passes the Senate committee Tuesday, "there will be a pretty strong outcry if there's not an up or down vote on the floor."

"It's going to be interesting," she added, "because we know what the public wants, and it's a matter of whether the Legislature is listening."

Border crossing

Illinois and Minnesota have recently passed smoking bans, and a similar proposal has passed one house in the Michigan legislature. Doyle has said Wisconsin will become the "ashtray of the Midwest" if the state does not follow suit.

Phil Hanson of the Wisconsin Restaurant Association has similar concerns about uniformity. He said his group decided about a year ago to support a full ban because it "wanted to level the paying field for all establishments in the food and beverage industry."

Hanson said he also fears that if the state Legislature doesn't act this session, more and more localities will move to pass their own bans, which could drive customers across nearby borders.

"There are 33 local ordinances already in place, and we know there will be more of those," he said.

Bill supporters point out that a surprising coalition of business, public health and tourism groups have come together to support the bill, including the American Cancer Society, Smoke Free Wisconsin, American Lung Association of Wisconsin, Wisconsin Tourism Federation, Wisconsin Innkeepers Association and Wisconsin Restaurant Association.

The state Ethics Board Web page lists the Wisconsin Tavern League, Wisconsin Wine and Spirit Institute, Wisconsin Amusement and Music Operators, Cigar Association of America Inc. and Bowling Centers Association of Wisconsin as opposed to the bill, though the Tavern League has been the only group to mount a significant fight.

According to Mike Buelow, research director of the Wisconsin Democracy Campaign, a watchdog group, Breske and Decker led Senate Democrats in recent years in campaign contributions from the Tavern League's political action committee and conduit. Unlike a PAC, a conduit is not restricted by the size or number of contributions from individuals, which are bundled into one large check for candidates.

Between Jan. 1, 2003, and July 1, 2007, Breske received $12,782 and Decker received $7,858 from the Tavern League's PAC and conduit, according to Buelow. The state Senate Democratic Committee received $6,030 during the same period.

Risser, on the other hand, received no money from the group. Nor did Robson, who championed the smoking ban as Senate majority leader before her ouster. But Buelow pointed out that the state Senate Democratic Committee did receive a lot of the money under Robson's watch.

Mike McCabe, executive director of the Wisconsin Democracy Campaign, said the Tavern League does not carry the same weight as political heavy-hitters Wisconsin Manufacturers and Commerce and the Wisconsin Education Association Council (WEAC), but it is nevertheless "an influential lobby."

"I wouldn't consider them insignificant at all, and I think money is part of what is behind their influence," McCabe said. "They have helped a fair amount of people get into office, and they have legislators who are loyal to them."


TOPICS: Business/Economy; Government; Politics/Elections; US: Wisconsin
KEYWORDS: 1984; ban; nannystate; pufflist; smoking
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To: demsux

Either you didn’t read what I wrote or you didn’t understand it. No worries. I believe I’ve made it quite clear I would prefer the free market to create any de facto ban, not government.

Again, I’ve already illustrated the differences between alcohol and tobacco, especially as far as bans are concerned.


61 posted on 01/06/2008 2:55:36 PM PST by flintsilver7
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To: flintsilver7

“The vast majority of people participating in such a thread are not here because they are primarily concerned with overreaching government; they are here because they fear losing their ability to smoke as they please.”


And how do you know this?


62 posted on 01/06/2008 3:04:40 PM PST by Mears
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To: Mears

I don’t, but it is a logical conclusion. Many of these threads get quite emotional, and many of the people involved are smokers.


63 posted on 01/06/2008 3:12:52 PM PST by flintsilver7
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To: flintsilver7

Smokers are the new lepers——and I’m a long time smoker.

Reading your posts makes me think you are very young.

Be patient——wisdom will come(along with the wrinkles).


64 posted on 01/06/2008 3:24:58 PM PST by Mears
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To: flintsilver7
You are wrong, simple as that. Many here on these threads are not smokers. We are concerned about the government intrusions into the lives of Law Abiding Americans. We also oppose cell phone laws, since they are only a way to get more in fines. Every state or municipality already has laws regarding reckless driving, no need to compound those laws with more laws for every conceivable reason for the reckless driving.

There are many groups who oppose government intrusion, smokers are just one. Helmet laws, regulations as to what we can use for heat, light bulbs, what kind of oils we can or can’t eat, what portions we are served in restaurants, you name it.

However, I may just sit back and watch the show when they start coming after skiers, bikers, rock climbers, motor cyclist, weight, alcohol, anything they deem to be a health or safety risk, and lest I forget, your salt shakers! It will happen, and when it does, it won’t be pretty.

When health organization stop hyping junk science to inflate risks, and start exposing REAL SERIOUS risks that anyone with common sense know about but isn’t PC for them to say, we just might pay the slightest bit of attention to them. Until then, they come off, especially to young people, as the hypocrites they are.

65 posted on 01/06/2008 3:31:15 PM PST by gidget7 ( Vote for the Arsenal of Democracy, because America RUNS on Duncan!)
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To: Ditter

I hear what you are saying Ditter, but I disagree. Restaurants that chose to go totally non-smoking have been hurt by these bans because the market niche they creatd for themselves was taken away from them.

There are 2 old fashioned luncheonette/sandwich shop/ice cream parlor type places that I like going to in a small town a cuple miles from me. One allows smoking and serves alcohol, the other doesn’t do either. They are across the main road from each other. Both places do a great business. The owners of both opposed the proposed smoking ban last year and the year before.

They both have their clientele and don’t want to infringe on the clientele of the other guy. When another place sought a license, neither opposed it and so the town had 3 great places to eat and everyone was happy and 2 of the 3 were non-smoking.

Well then the 3rd place decided to seek an alcohol license, remember this is a non-smoking establishment, and all heck broke loose. The other 2 owners supported the application and actually spoke in favor of it....but the busybodies got involved. That town now has a vacant building with a For Rent sign on it and the owners are doing a booming business, with an alcohol license and still non-smoking, outside of the town.

Government imposed bans on legal activities DO HURT businesses.


66 posted on 01/06/2008 3:58:51 PM PST by Gabz (Don't tell my mom I'm a lobbyist, she thinks I'm a piano player in a whorehouse)
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To: at bay

Why do you insist on coming onto such a thread and immediately find a need to be insulting to others?


67 posted on 01/06/2008 4:25:18 PM PST by Gabz (Don't tell my mom I'm a lobbyist, she thinks I'm a piano player in a whorehouse)
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To: The Ghost of Rudy McRomney; SheLion; Diana in Wisconsin

Hmmmmm...... I wasn’t aware the wheee wheee one had been banned. Wonder what the offense was????


68 posted on 01/06/2008 4:29:31 PM PST by Gabz (Don't tell my mom I'm a lobbyist, she thinks I'm a piano player in a whorehouse)
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To: Diana in Wisconsin

You’re a good woman!!!!!!


69 posted on 01/06/2008 4:30:07 PM PST by Gabz (Don't tell my mom I'm a lobbyist, she thinks I'm a piano player in a whorehouse)
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To: Eric Blair 2084

ping


70 posted on 01/06/2008 4:33:05 PM PST by darkangel82 (And the band played on....)
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To: Gabz
I said “most” restaurants Gabz. You are citing a couple of small places in your small town.

When a lot of people started complaining about the smoke “most” restaurants, in an attempt to please everyone, and keep “ALL” their customers, (as I have said before) drew that invisible line on the floor and declared one side of the line was smoking and the other side was non smoking. The only customers that pleased was the smokers because the smoke was still there.

71 posted on 01/06/2008 4:55:17 PM PST by Ditter
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To: gidget7

I know a few people here are, in fact, smokers. That doesn’t make them necessarily wrong, but it does open then up to criticism as to their motivation. Perhaps it isn’t deserved. There are many very good arguments against such bans, to me the most important of which is that it could potentially set precedent.

You bring up an interesting list. Many of your points I agree with (salt, light bulbs, trans fats, and so on). One, at least, I don’t - at least not entirely. My wife and I have both been hit by people talking on cell phones and apparently in a totally different world. Certainly, there are people who can’t drive worth a lick even if they’re totally focused, and there are people who can drive just fine while on a cell phone. However, the people I notice driving like idiots (and there are a ton in this area) have about a 95% chance of talking on a cell phone. I think that people talking on cell phones while driving can be far more dangerous than smokers.

This goes back to an earlier point I made about the people deciding rather than the government. Ask the voters a question about salt and trans fats, and most people are going to tell the government to stick it and get out of my kitchen. Ask the voters if they want to punish people for talking on cell phones while driving, I’d bet about 95% of the people who drive will immediately think of people who cut them off or almost hit them while talking on cell phones. I don’t necessarily have a problem with most “bans” on things like this at nothing bigger than state level (I’d prefer local) if a supermajority voted for it and there is a compelling reason to do so (that’s the tricky part). Most of the things here fall under those rules - there’s no chance 67% of people would vote to ban trans fats. (This does require the presupposition that people are generally intelligent.)


72 posted on 01/06/2008 4:58:56 PM PST by flintsilver7
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To: Mears

I hope I don’t come off as being so young, since people tend to take you less seriously if they can write off their disagreements with you as a product of your relative youth.


73 posted on 01/06/2008 5:00:17 PM PST by flintsilver7
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To: Ditter

Did you ever think that it pleased the owners? Forget the smokers and the non-smokers — neither group which owns the business. Neither group put up the money and the sweat equity to open and keep going the business. What about what pleases THAT person.....the ONLY prson that counts in this equation.

We come right back to the main point here — I own the business, you do not have to come into my business, so why do you feel you have the right to tell me who my clientele should be even if you never intend to set foot in my business to begin with?


74 posted on 01/06/2008 5:02:12 PM PST by Gabz (Don't tell my mom I'm a lobbyist, she thinks I'm a piano player in a whorehouse)
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To: Gabz
You are talking about government intervention. I am talking about way back before that, when the businesses did this because their customers asked them for a place to eat with out breathing smoke. They responded to their customers but they did it badly and it didn’t work.
75 posted on 01/06/2008 5:09:18 PM PST by Ditter
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To: flintsilver7
I know a few people here are, in fact, smokers.

Actually, you don't, unless you know them personally. I personally know many of the people on this thread and know whether they are smokers or not. I have also known many anti-smokers (a different breed than non-smokers) who have gotten on message boards and forums and posted as "smokers" in order to discredit the smokers by being absolutely over the top jerks.

You make many good points, but once again I must ask you a question in regard to this type comment:

This goes back to an earlier point I made about the people deciding rather than the government.

What right do you, as a potential patron, have to determine the clientele of a business you do not own?

You seem to agree with voter referendum on how a business is conducted, would you agree with a referendum that determined seafood could not be served in restaurants, after all thee are many people with (possibly life threatening) allergies to seafood?

76 posted on 01/06/2008 5:14:29 PM PST by Gabz (Don't tell my mom I'm a lobbyist, she thinks I'm a piano player in a whorehouse)
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To: flintsilver7
Cell phone laws, I repeat, are just to collect fines. If you and your wife were hit by someone driving recklessly, that person is already at fault. Writing more laws is just stupid.

Do we need a new law for each and every little thing someone might do behind the wheel
that will cause them to break an already in existence law? Do we really need a law against kids in the car? Switching channels on the radio? Come on, if someone does any of these things and it causes them to drive recklessly, they should be pulled over and ticketed for reckless driving. NOT for..........oh say picking their nose.

77 posted on 01/06/2008 5:14:53 PM PST by gidget7 ( Vote for the Arsenal of Democracy, because America RUNS on Duncan!)
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To: Ditter

But it apparently worked for the owners, didn’t it?

When Wahington, DC put in the government imposed ban soemthing like 90% of the eating establishments there were already non-smoking -— but that wasn’t enough......the whiners insisted EVERY establishment had to be that way.

You know I sympathize with your situation, but the selfishness of some people is getting down right out of hand. As the example of D.C. proves.

What about the choice of the owner who has put in the money and time to get a business going and chooses to cater to a certain clientele? Do you really have the right to tell him his clientele has to change? Are you next going to tell the seafood restaurant owner he has to change his menu because there are people allergic to seafood?

Where and when is this nonsense going to stop?


78 posted on 01/06/2008 5:27:40 PM PST by Gabz (Don't tell my mom I'm a lobbyist, she thinks I'm a piano player in a whorehouse)
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To: flintsilver7
Perhaps it’s little more than coincidence that the biggest opponents of smoking bans are heavy smokers

Actually, the biggest opponents of smoking bans are the people who value liberty.

Your Twinkies may be next.

We will also defend your right to Twinkies.

79 posted on 01/06/2008 5:28:02 PM PST by elkfersupper
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To: Gabz

You’re right, I don’t know for a fact that people here are smokers. Most people acknowledge it. I can only take people at their word. I haven’t seen any obvious frauds (at least I don’t think so). Personally, in my opinion, if you have to resort to that sort of tactic then your argument is weak to begin with.

I’m sorry I didn’t answer your question before. I don’t believe I have a right to ask government at any level to interfere with the legal business operations of another citizen. I do my “voting” with my business; if I don’t like it I don’t go there. In a free society we aren’t forced to patronize businesses we don’t like (well, in most cases). Now, it isn’t totally free, as restaurants, for example, have to follow certain safety and health regulations. (You can safely assume that the food you’re eating isn’t poisoned.) People do have a right to vote on the clientele or business operations of places that they otherwise pay for with their taxes; unless a restaurant is subsidized they don’t apply. (I’m sorry I never made clear of that before.)

In general I don’t believe people need government to save them. If the people want to ban something then in most cases the free market can fix that. I just pointed out a differnt situation in which I think something is necessary and people also have no control over (distracted driving).


80 posted on 01/06/2008 5:31:39 PM PST by flintsilver7
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