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Posted on 06/27/2002 9:01:08 AM PDT by rwfok

New rules that restrict smoking in thousands of Oklahoma restaurants and indoor workplaces were signed into law Wednesday by Gov. Frank Keating, who said excessive tobacco use keeps the state unhealthy and poor.

"These rules are fair. Secondhand smoke shouldn't be wafting over our children," Keating said at a state Capitol news conference.

The anti-smoking regulations take effect Monday, but state Health Department leaders said full compliance will not be enforced until later in the summer.

The Oklahoma Restaurant Association plans to file a lawsuit today in Sapulpa to block the regulations.

"This is a glaring example of why citizens often are frustrated with government. Individual rights of voters are being denied and economic damages incurred without accountability," Benny Vanatta, association government relations director, said late Wednesday.

Vanatta said a temporary restraining order will be sought in a Creek County District Court legal action, with Sapulpa restaurateur Ed Slyman, operator of Freddie's Barbecue and Steak House, as the plaintiff in a lawsuit.

The anti-smoking rules require restaurants, bars, pool halls, bingo halls and bowling alleys to be designated as either entirely smoking or completely smoke-free, or allow smoking only in designated rooms that are enclosed and properly ventilated so that secondhand smoke is not circulated "in any manner" to a nonsmoking area.

Indoor workplaces, including lobbies and areas of public access, will be smoke-free or have the same ventilation standards as restaurants.

Hotels and motels may designate up to 25 percent of their rooms for smoking, but their lobbies must be smoke-free.

Exempt from the regulations are restaurants with a seating capacity of less than 50; indoor workplaces with 15 or fewer employees; and private offices.

Keating, wrapping up his second and final term as the state's chief executive, said the measures are "good for business and good politics," and don't violate the spirit of existing state law governing smoking.

The governor said the new rules "are a substantial first step toward a healthier Oklahoma.

"In the era of my mother and father, you were puffing on a cigarette as you were changing the baby's diapers," Keating said. "And mercifully, that kind of conduct is over -- it is a thing of the past.

"Today, people will riot on an airplane if you take a cigarette out and light it up. Just a few years ago, that would not have been possible."

Keating said Oklahoma's attitude toward smoking is changing along with the rest of the nation's.

"I would urge those who indulge to stop smoking. Discourage others from smoking. Be considerate of the health care concerns of your neighbors and friends. I hope that Oklahoma's public, and especially our children, will be healthier and live longer lives," Keating said.

State Health Commissioner Dr. Leslie Beitsch, contacted while vacationing in Maine, said he was "absolutely thrilled ... by the governor's courage to make Oklahoma a healthier place."

Beitsch said Oklahoma "still has a lot more work to do."

The commissioner said he plans to push for a $1-per-pack hike in the state cigarette tax and a more concerted effort to crack down on stores illegally selling cigarettes and tobacco products to minors.

One of two key legislative allies behind the anti-smoking rules, state Sen. Ben Robinson, attended Keating's news conference.

Robinson, D-Muskogee, said he hopes the Legislature accepts the rules and lawmakers don't attempt to overthrow them in the 2003 session.

"It was hard to get them in. It will be even harder to take them out," Robinson said.

Regulations originally were proposed by the state Board of Health but not passed during the 2002 legislative session.

Keating said although the rules become effective Monday, he urged Health Department regulators to be "sensitive" in enforcement actions until later in the summer.

"It is June 26, and there is no way that people can build separately-ventilated rooms in a week's time, but we are asking these owners to begin ratcheting down.

"We are leaving the smaller restaurants alone, for now, because to go after them would be too large of a stone to swallow. It was better to focus on the larger restaurants as a first step to good health. We hope the smaller restaurants will go smoke-free, too, but they are not required to go there under these rules."

Health Department chief attorney Gary Gardenhire said the agency intends to create a toll-free number that business owners can call for guidance on the new rules.

Dr. Ron Graves of Ardmore, state Board of Health president, said, "For the first time, the nonsmoking public will truly breathe clean air in public places."

Vanatta said Keating exceeded his statutory authority and appointees on the Board of Health circumvented the legislative process.

The anti-smoking rules, Vanatta said, "will have a devastating economic impact upon hundreds of small businesses in Oklahoma."

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