(Delaware) Smoking ban fires up opponets

When State Rep. Robert F. Gilligan, D-Sherwood Park, had to make a "yes" or "no" decision on SB 99, the Clean Indoor Air Act, he didn’t have to think too hard or too long. Since both his parents were victims of cancer and his 46-year-old brother died of lung cancer, the beliefs of the minority leader of the House’s vote were clear.

"I have always voted anti-smoking, "he says. "No one needs to inhale others’ smoke. It’s a health issue, not an economic one."

Not everyone would agree with Gilligan’s view on health vs. economy. But agree or not, in November smoking in public places in Delaware will be illegal.

"Smoking ban legislation has been around for 20 years," Gilligan says. "It’s been debated for decades. I can remember when the Christiana Mall went smoke free people said it was impossible. But they did it. The same with state buildings, and they’re smoke free too."

"The bill was introduced into the Senate in 2001," says Donna D. Stone, R-Dover South. "After being tabled a couple of times with a couple of amendments that exempted casinos, taverns and bars, it got worked in the House. There was tons of controversy about it because the hotels weren’t happy and the restaurants weren’t happy."

During its legislative life, the bill went through numerous transformations. "People were looking for solutions," says Nancy H. Wagner, R-Dover. "And it wasn’t politics. I think we were really trying to solve this thing. Then there were the amendments. In one amendment, Joe Miro (R- Pike Creek Valley) said to post on the door whether it was smoking or nonsmoking. The legislation finally got put on the agenda with 17 amendments. We could not get a handle on the amendments in the House. It was such a mess that the House decided to take everything off and make it level. The House voted to send it back to the Senate so they could start again and level it all."

Stone says that the bill’s two sponsors, Rep. Deborah D. Hudson, R-Fairthorne, and Rep. Robert J. Valihura Jr., R-Talleyville, worked from June 2001 through March or April 2002 to achieve get a compromise accomplished. "A level playing field" seemed to be the biggest area of contention. That leveling ultimately meant not exempting anyone.

During the process, those in favor of the bill kept their wishes before their legislators.

"They kept working the bill and putting it off," Wagner says. Proponents of the bill "would put out big press things but it would die. People who belong to interest groups like the Heart Association and Cancer Society were extraordinarily active. We were getting these cards in the mail with people’s names and addresses supporting the bill. It was a tremendous grass roots effort."

Stone concurs. "I have to give a lot of credit to the grass roots organizations who took this up and ran with it," she says. "In my eight years in General Assembly, I have never seen a more focused or more active group of people who supported SB99. We received telephone calls, email, direct mail, and green postcards. I got those postcards for a year. We pay attention to that. It is very important to us as representatives to know what our constituents think of an issue."

Gilligan continues to receive feedback. "Delaware Park is in my district," he says. "People don’t seem to be too upset. Since the vote, I’ve received three phone calls and no mail in opposition to it. I have received more than 30 phone calls and many letters and comments in support the smoking ban."

Now that the dust has settled, questions are arising about enforcement and economic impact.

"Massachusetts passed a similar law," says Wagner. (Pedestrians) got so tired of people coming out from bars onto the street to smoke, that the legislators repealed it. We don’t know all the ramifications of this law as we move forward. Given time, the marketplace is going to take care of it."

The Central Delaware Chamber of Commerce took a strong position against the smoking ban, says executive director Jeannette Wessel. "We are concerned about Dover Downs, but we’re just as concerned about the little taverns, bars, and restaurants. Once those businesses are gone, you are not going to get it back. I think they put the cart before the horse because no economic study had been done on this legislation."

Rich Heffron, senior vice president for government affairs for the Delaware State Chamber of Commerce, concurs that the legislation’s impact remains unclear.

"We as a state chamber did not take position because we had members on both sides of the issue," he says. "There have been all sorts of numbers (connected) with impact. Any major change and restriction affects the business climate. Now we will have to sit back and see the real numbers. If the numbers are drastic, by the time we find out it will be too late to recover lost income."

Denis McGlynn, Dover Downs CEO, one of the legislation’s biggest opponents, has concerns about how he will enforce the law at the sports and gaming complex.

"We have security, so it’s not like we can’t enforce it. But the thought of the ‘smoking police’ dragging out customers is not appealing. The bigger question is how they are going to enforce it throughout the state and who’s going to pay for that enforcement. I don’t know how many bars and taverns there are across the state, but there are more than any current enforcement agency can man. So what do we do now? Hire a cadre of smoking police to make it work? I don’t think the whole thing was thought through very well."

"When you ask folks if they support a ban, 75 percent of the people say yes and 25 percent say no," says Stone. "That’s the exact percentage of the smoking vs. nonsmoking population

The question ultimately centered on whose rights prevailed, those of the smoker or those of the nonsmoker.

"The person sitting next to you has the right to breathe clean air," Stone says. "What everyone has lost focus of on this bill in the end is that the discussion became focused on dollars. This bill was never about money. This bill is about health and in a state where we are all ashamed of our cancer rate and our cancer death rate. Perhaps this will help us with those numbers. "

There are two sides to personal rights, Gilligan says. "I have a right to have my insurance rates as low as possible," he says. "People smoking increase that cost. People should get their facts straight. The smoking ban is not an economic issue. Many have told me (non-smokers) will go to Delaware Park who did not go before."

Based on seven-month figures released by DEFAC -- $11 million into the general fund in FY 2003 – McGlynn says the real impact totals $20 million or as much as $57 million. This represents a fraction of the lost revenue his company will experience.

"The impact on the general fund is a reflection of the impact on our business," McGlynn says. "The general fund shares in our business. It’s because our business is likely to be impacted that the general fund is to be impacted."

More specifically, many gamblers smoke. Those who chose to smoke will most likely exercise their option to visit sites that will accommodate their desires.

"Half our customers smoke," McGlynn says. "And 84 percent of our customers come from out of state. If they can’t smoke here, they’ll go to where they can in West Virginia or New Jersey.

Passions run high on both sides of the issue as the bill’s November implementation date draws closer. But supporters say this new law serves a higher purpose in limiting people’s exposure to smoke from cigarettes, cigars, and pipe tobacco.

"If this (law) causes a person to lose an election, then it’s better to lose an election and to save people’s lives," Gilligan concludes. "I don’t think it’s going to affect people they way they think. A lot of people don’t go to bars and taverns because they don’t want to smell the smoke. It all opens up a new level of clientele."

We were getting these cards in the mail with people’s names and addresses supporting the bill. It was a tremendous grass roots effort."

Sorry, Representative Wagner, there was NOTHING grassroot about this. it was a highly financed and well organized effort designed by people in new York and California. The email sent out told their people to not mention their affiliation, so it would look like a grass roots efforst.

It is such a shame that so many Delaware Representatives fell for this trick.

We were getting these cards in the mail with people’s names and addresses supporting the bill. It was a tremendous grass roots effort."

It is such a shame that so many Delaware Representatives fell for this trick.

Rep. Wagner, you should have thought of letting the market place take care of it to begin with.

I also don't think it was the entire state of Taxachusetts, I think it was nly select municipalities, I could be wrong though.

Sorry to anyone getting a double ping - I'm borrowing sheLion's list!!!

Ms. Wessel is correct. The smaler places in Downtown Dover are having enough problems attracting folks downtown because of other problems - they know what is going to happen.

"I have always voted anti-smoking, " with your feet? he says. "No one needs to inhale others' smoke. It's a health issue, not an economic one."

If it WAS a health issue instead of an economic one there would be no need to "level the playing field".

I can remember when the Christiana Mall went smoke free people said it was impossible. But they did it. The same with state buildings, and they're smoke free too."

I'll bet it wasn't the legislature that MADE the Christiana mall go smoke free, was it? And state buildings are OWNED by the state. That gives the state the opportunity to make them smoke free also.
Is the local tavern or restaurant OWNED by the state?

"A level playing field" seemed to be the biggest area of contention.

Again with, "the level playing field". Why does there need to be a "level playing field"? Is it because the smoking allowed taverns and restaurants would make more money than the no smoking ones? I wonder why that would be?

Given time, the marketplace is going to take care of it."

SURE it will. Once this law goes into effect what makes you think that it will EVER be repealed unless the STATE starts feeling an economic impact from it?

Many have told me (non-smokers) will go to Delaware Park who did not go before."

SURE, we've heard that one before. It never seems to work out that way though.

A lot of people don't go to bars and taverns because they don't want to smell the smoke. It all opens up a new level of clientele."

BWAHAHAHAHA! And takes away a lot of PREVIOUS clientele

They're both unhealthy, they're both smelly, and they're both done by inconsiderate losers.

Let us meet and debate face to face, loser, and we'll see who GETS poked.
I AM a smoker, will tell you that I smoke, and still tell you, "Bite Me, Bub!"
I am tired of being demonized ONLY because I smoke, by people that have never met me in person, and by people that have a 'Holier than thou' attitude.
If you want to legislate morality you are as bad as any liberal demoncrat out there.

I will give Gilligan a bit of credit - he has always been anti and has never hidden that fact. It's a personal thing with him. I've known the guy 20 years and has never changed his position.

As to this "level playing field" hogwash. I don't understand what they are talking about. There is no such thing as a level playing field in the hospitality/entertainment indusry. If there was every place would serve identical food and beverages and have the identical entertainment.

Why, when it comes to the type of establishment and the clientele the owner choses to entertain it is OK, as long as that clientele does not smoke???

"I have always voted anti-smoking, "he says. "No one needs to inhale others’ smoke. It’s a health issue, not an economic one."

That’s BS and we all know it.

Once those businesses are gone, you are not going to get it back. I think they put the cart before the horse because no economic study had been done on this legislation."

This bill was never about money. This bill is about health and in a state where we are all ashamed of our cancer rate and our cancer death rate. Perhaps this will help us with those numbers. "

Cancer doesn’t discriminate. And most cancers are NOT caused by smoking.

Gilligan says. "I have a right to have my insurance rates as low as possible," he says. "People smoking increase that cost.

I WANT TO SLAP THIS IDIOT! We smokers pay MORE then our share of health insurance. And MOST of us HAVE our own health insurance, you lame brained idiot! Gilligan better get a little more educated before he/she goes spewing this deceitful lie!

It all opens up a new level of clientele."

Oh Yes! And aren’t THEY fun! Non smokers do not stay as long and do not tip as well. New clientele? Oh right! I’m sure your going to make BILLIONS with THAT bunch!

Oh Yes! And aren’t THEY fun! Non smokers do not stay as long and do not tip as well. New clientele? Oh right! I’m sure your going to make BILLIONS with THAT bunch!

You're right.

I'm inclined to go along with Denis McGlynn of Dover Downs with his estimates of the losses the state is going to take over this. The casinos in Atlantic City and West Virginia are NOT that far away, especialy for those coming from Maryland and Pennsylvania. In many cases they are closer.

What most people don't understand is that the slots operations at the 3 race tracks in Delaware are controlled by the state Lottery and the state gets 35% of the proceeds. That's a big chunk of change.

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