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May 29, 2009

TC officials push smoking restrictions

Bill would give local gov'ts the authority to enact a ban

By Sheri McWhirter

TRAVERSE CITY -- Traverse City leaders hope a new push will help them extinguish smoking in bars and restaurants.

State Rep. Gary McDowell, D-Rudyard, agreed to sponsor a bill in the Michigan Legislature to allow local control of smoking in bars and restaurants. It would give local officials the authority to ban smoking in such places and could spur legislators in Lansing to enact a statewide ban, McDowell said.

"This would allow local units of government to go ahead and make this decision themselves, rather than waiting on Lansing. It's a long process and I'm not sure we can get it done on a state level," he said.

Traverse City officials sought McDowell's help because the local state representative, Wayne Schmidt, R-Traverse City, opposes the idea and said smoking rules should be set by business and property owners.

McDowell intends to introduce the bill next week and seek co-sponsors. The bill could get a leg up in Lansing over a statewide ban because many legislators support local control on certain topics, he said.

"I feel we need a statewide ban and I think this would snowball across the state," McDowell said.

The idea is to increase awareness of the dangers of second-hand smoke and to protect workers at their jobs, he said.

The new bill is the brainchild of Traverse City Mayor Michael Estes and the Traverse City Commission, McDowell said.

"I think it's a positive step for communities," Estes said. "Forget about Lansing making this decision for us. Give us the local control and let them deal with bigger issues."

Estes believes most Traverse City residents support the concept of smoke-free bars and restaurants, but doesn't think the choice should be made at the polls, as suggested by some legislators.

Instead, the decision could be left to city commissioners, Estes said, should McDowell's bill be approved by the House and the Senate and signed by Gov. Jennifer Granholm.

"We're talking about public places. It's really the infringement on other people's rights that's the main issue here," he said.

Smoking in private places, likes homes and vehicles, would not be regulated, Estes said.

Amical, a downtown Traverse City bistro, is among local businesses where customers are allowed to smoke, but only at three indoor tables, a small bar area and on the patio.

"Until the state makes it a law, I have way too many customers on both sides of the fence -- smokers and non-smokers -- and I never want to be put in the position of telling a guest they can't eat here. I don't ever want to turn anyone away," said Jeff Libman, Amical's general manager.

Libman isn't taking a stance on the possible smoking ban; he just doesn't have to make the decision.

"I don't care either way. I just want it to be resolved," Libman said.

Lisa Danto, coordinator of the Traverse Bay Area Tobacco Coalition, said her group prefers statewide smoking regulation, but local decision-making is a start.

"In the absence of that, we support the local control to protect workers and customers. The disadvantage to that type of legislation is it won't be equally fair to workers across the state," she said.

Schmidt, in his first term in the state house, said people who take jobs at bars and restaurants that allow smoking "know that going in," and second-hand smoke exposure to children can be avoided if parents choose smoke-free restaurants.

"My thought is that if a parent is concerned about second-hand smoke -- and I'm a parent of two young boys -- I would choose to go to a smoke-free restaurant," Schmidt said.

On private property, decisions about smoking rules should be left up to the owner, he said.

"The best way to handle these types of issues is through education and incentives. When you mandate, you don't always get the best results," Schmidt said.

Schmidt said he has not received political contributions from tobacco companies or organizations, but did accept a $1,000 contribution from the Michigan Restaurant Association, he said.

Schmidt recently sponsored a bill to provide state tax breaks for business owners to go smoke-free.

"We're fortunate to live in Grand Traverse County, Traverse City and also in Kalkaska County, where through education many have already chosen to do so," he said.

If you go

State Rep. Gary McDowell D-Rudyard, will be in Traverse City today to announce plans for a bill to allow local governments to ban smoking in public places, including bars and restaurants. He will meet with Traverse City commissioners at noon at the Governmental Center, 400 Boardman Ave. in Traverse City.

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