Traverse City Record-Eagle

Grand Traverse County

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January 29, 2009

Court decision may impact local smoking law

Commission trying to expand workplace

By MELISSA DOMSIC

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Mayor Estes' letter to the Legislature (PDF)

Smoking ban case goes to Supreme Court

TRAVERSE CITY -- A local workplace smoking ban could be snuffed out if the Michigan Supreme Court sides with business owners challenging similar rules in some northern Michigan counties.

Traverse City is one of four Michigan cities that regulate workplace smoking, as do 21 counties. The Benzie-Leelanau District Health Department also is considering smoke-free worksite regulations.

But some residents and business owners in Antrim, Charlevoix, Emmet and Otsego counties contend smoking ordinances passed there in 2005 are preempted by state law. The Michigan Supreme Court is expected to rule on their lawsuit by the end of July.

Traverse City's workplace smoking ban took effect in 2007, and city officials now want to add to it and regulate smoking in city bars and restaurants.

"I would be very concerned about any decision that takes authority away from us to make these kinds of decisions for our specific communities," said city Commissioner Chris Bzdok. "We need more authority in these types of issues, not less."

But Bzdok, a local attorney, said he isn't too worried the bans are in jeopardy.

The case was picked up by the Supreme Court before the new Democratic majority took over this month.

"That old court made some pretty troubling decisions," Bzdok said. "I'd have more cause for concern if that majority was still in place."

The Supreme Court also seemed more concerned with the ordinance section on retaliation against employees who seek smoke-free workplaces, Bzdok said.

"It's not like the whole ordinance is necessarily at stake," he said.

Traverse City prohibits smoking in most worksites and public places except bars, restaurants, tobacco specialty stores, private residences and vehicles, and business vehicles with only one occupant.

Lawmakers came close to passing a statewide ban for bars and restaurants last year, but most Traverse City commissioners don't want to wait for a state law.

Mayor Michael Estes sent a note last week to state legislators, urging them to give Traverse City and other local governments the power to make their own decisions on smoking in bars and restaurants.

Commissioner Jody Bergman was the lone vote against sending the letter. She said the issue should be addressed statewide.

Estes sent a similar letter last January to State Sen. Jason Allen, a Traverse City Republican. Allen had the same reply to both requests.

"I continue to support local restaurants having their ability to determine their rights on smoking," Allen said on Wednesday.

Lisa Danto has mixed feelings about local control over smoking in bars and restaurants.

Danto, coordinator for the Traverse Bay Area Tobacco Coalition, is concerned that legislators might decide to abandon a statewide ban in favor of allowing local governments to regulate smoking.

"It really needs to be statewide," she said. "It's not fair to workers if workers are only covered in certain parts of the state."

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