House approves statewide smoking ban

By Steve Leblanc, Associated Press, 10/22/2003 20:30

BOSTON (AP) House lawmakers overwhelmingly approved a bill Wednesday banning smoking in bars and restaurants across the state.

The bill would prohibit smoking in all enclosed work areas including auditoriums, conference rooms, offices, elevators, hallways, cafeterias, employee lounges, restrooms and staircases.  Smoking would be still allowed by nursing home residents and in fraternal organizations, such as American Legion halls.

Supporters of the bill which passed the House on a 125-25 vote said it will protect workers and patrons of bars and restaurants from the harmful effects of second hand smoke.

''This legislation will save lives,'' Rep. Peter Koutoujian, D-Waltham, House chairman of the Health Care Committee.

Critics said Democratic leaders were speeding the bill through the House without giving lawmakers enough time to study the details.  Critics also said it's disingenuous of the state to collect cigarette taxes while telling people where they can smoke.  ''It's somewhat like a drug dealer who gets you hooked and makes a ton of cash. The only difference is that the drug dealer is illegal,'' said Rep. George Peterson, R-Grafton. ''We're still going to make that $450 million (in tobacco taxes), but we're also going to tell you where you can smoke it.''

Gov. Mitt Romney said Wednesday he hasn't taken a position on the bill, but said local control is usually preferable to state mandates. ''Philosophically, local control is always favored,'' he said. ''There are some circumstances where you decide that statewide action is the most equitable and appropriate. I'll have to consider the advantages of statewide action relative to having each municipality make its own independent decision.''   Romney said an important consideration would be if the business community supported the ban.

The bill would allow tobacco farmers in Western Massachusetts to continue to operate tobacco testing sites, and local officials would be allowed to issue special permits for certain smoke-oriented establishments such as cigar bars.  The bill also exempt smoking by performers if smoking is part of a theatrical production and in religious ceremonies where smoking is part of the ritual.

Employers who fail to enforce the ban could face fines of $100 for a first offense and up to $300 for a third offense and subsequent offenses. Employers with multiple violations could also face the loss of their license.  Investigators could use ashtrays, cigarette butts or observation of an employer or a manager allowing smoking as evidence of a violation.

Supporters said the bill would create a level playing field among all bars and restaurants by enforcing a statewide ban, instead of allowing the current patchwork of regulations.

More important than the bill's effect on business is its health benefits, according to Rep. Rachel Kaprielian, D-Watertown, the sponsor of the bill. An estimated 1,300 to 1,500 people die of second hand smoke in Massachusetts each year, supporters said.

More than 90 Bay State communities including Boston, Cambridge and Somerville have some kind of smoking ban in place.

The bill now heads to the Senate. If it passes and is signed into law by Romney, it would take effect in July of 2004.