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Democrats reignite discussion of Wis. smoking ban

By ASSOCIATED PRESS   Sunday, November 9, 2008 - 3:24 a.m.
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MADISON, Wis. (AP) A statewide smoking ban that went up in smoke in the Legislature last year will likely be reignited when Democrats take control of the Assembly.

Even though opposition to the ban came mostly from the powerful Tavern League lobby, Republican leaders in the Assembly did not actively work on getting the bipartisan bill passed.

But in the past eight months, five more Wisconsin communities and Dane County have passed their own smoking bans, bolstering the argument that a comprehensive state policy is needed.

This fall, the American Cancer Society and other supporters of the ban carefully watched legislative races across the state to get a sense for where candidates stood.

"We feel comfortable saying there's a majority of votes for this bill to get it passed," said Eric Schutt, lobbyist for the cancer society's Wisconsin chapter.

Maureen Busalacchi, executive director of Smoke Free Wisconsin, said she feels good about the new makeup of the Legislature: Democrats now control both chambers. Also, one of the ban's stiffest opponents, former Tavern League President Roger Breske, left the state Senate earlier this year to become Doyle's railroad commissioner.

Nearly every legislative candidate was asked about their position on the smoking ban during the campaign, Busalacchi said.

"I'm very comfortable with where people are at," she said. "This is going to happen."

The Tavern League, however, hasn't changed its position. Chief executive Pete Madland said he didn't think there was any momentum for the idea even though five communities and one county have passed local bans since March. He notes that other communities, including Kenosha, have rejected it.

Tavern League lobbyist Scott Stenger said all the candidates who opposed the ban won Tuesday, while some supporters, including Republican Reps. Terry Moulton of Chippewa Falls and J.A. "Doc" Hines of Oxford, lost.

Another smoking ban proponent, Rep. Steve Wieckert, R-Appleton, retired from the Assembly.

Still, Stenger agreed the Legislature is ready to act on a ban. The league is looking for concessions allowing bars to have designated indoor and outdoor smoking areas and time to build them if necessary, he said.

In all, nine Wisconsin communities and Dane County have smoking bans covering all workplaces, including bars and restaurants. Nationwide, 24 states have banned smoking in bars and restaurants, and of those, 17 include all other workplaces as well, according to the American Cancer Society. Seven more states prohibit smoking in restaurants but exempt stand-alone bars.

The Wisconsin proposal supported by Doyle, the Cancer Society and others would ban smoking in all work places, including bars and restaurants.

Last year, it ran into trouble with Breske and other state senators, including Majority Leader Russ Decker, D-Weston, who wanted to delay its implementation and give bars an exemption of up to three years. Republican leaders in the Assembly never got on board, and the bill died.

Bill sponsor Sen. Fred Risser, D-Madison, said he's working on a new version he hopes to introduce early in the session. He said the ban's start date remains uncertain, but he would like it to take effect as soon as possible and at the same time in all workplaces, including bars.

"I just think that the public awareness and the public support keeps increasing every year," Risser said, "and I think it's to the point where it will gel, and we'll be able to pass it."




reader COMMENTS
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(30)
MichaelJMcFadden
Nov 11, 2008 at 6:49 a.m.
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Several things....

1) You can't make the argument that smoking must be bad because insurance companies charge smokers higher premiums if you're also going to make the argument at smokers drive premiums up for nonsmokers.

2) Woody says nonsmokers just want to control what they breathe. If this were true then nonsmokers should oppose somking bans so that smokers will go back inside their smoking-allowed places rather than being out on the street where everyone is walking.

3) Zoom says there can't be a national smoking ban because of the Constitution. Sorry Zoom, the Antismokers couldn't give a flying butterfly about the Constitution: they'll simply do what the Antidrinkers did with the 21 drinking age law and deny federal money to states that don't comply. Unfortunately the Founding Fathers never dreamed of a federal government having enough money to be able to blackmail the states.

Michael J. McFadden
Author of "Dissecting Antismokers' Brains"

Zoom
Nov 10, 2008 at 9:48 a.m.
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phatfly: It's Unconstitutional due to the 10th Amendment. Any powers not granted to the federal government, nor denied to the States, is left to the States or the people.

There will never be a national smoking ban, contrary to what some politicians have tried to promise.

booch11
Nov 9, 2008 at 7:01 p.m.
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ihavealife:
i stand by my comments.
banning smoking in public places will have very little effect on the decisions your children make.
smoking for 39 years, despite the preponderance of evidence that doing so will KILL YOU, will have tremendous influence on them.

i good friend of mine just quit -- he watched his dad die of lung cancer at age 61.

he literally coughed himself to death.

for me, i despise smoke. so, i stay away from places where smokers congregate.

i do not feel our government has any right to ban smoking where they see fit. UNLESS the have the bullocks to criminalize tobacco.
but, as i mentioned, they won't as that would necessitate eliminating tobacco subsidies -- and lose votes).

ProudFighter11
Nov 9, 2008 at 5:46 p.m.
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Ban it.

phatfly
Nov 9, 2008 at 5:20 p.m.
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The constitution does not stop a ban on smoking. What in the world would ever give you that idea?

Zoom
Nov 9, 2008 at 4:37 p.m.
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dub190, smoking bans are a states rights issue. Our U.S. constitution prohibits any national ban on smoking.

Zoom
Nov 9, 2008 at 4:32 p.m.
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The right to breath clean air while in a public place or workplace trumps a smokers desire to polute that air. Smokers can still smoke at home.

Smoking in public places and workplaces will be regulated, just like health codes for anyplace that serves food or beverages, child labor laws, etc.

Evana
Nov 9, 2008 at 3:40 p.m.
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Forget about the economy and the state budget and what can be done about GM employees. Behavior that MIGHT kill you in sixty years is of paramount importance. Thanks for getting our priorities right. Of course a few lines of text banning smoking will consume a years worth of debate but that's Madison.

woody
Nov 9, 2008 at 3:34 p.m.
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Nonsmokers really do not care one bit if someone else wants to smoke. They just want the option to never partake in their habit. The nonsmokers don't want to control you, but instead, they want to control what they breath.

dreneb
Nov 9, 2008 at 2:46 p.m.
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I feel like "Big Brother" is watching me. I realize that everyone, smokers and non alike, have rights. It seems that the smokers rights are being suppressed. I am a smoker, so maybe that makes me byassed in some peoples eyes. I was a NON smoker for most of my life, but my parents smoked. I understand not wanting to be around smoke, But I know many non smokers, who smoke when they go out. I do not feel bars should ban smoking. It should be the owners choice. Non smokers have the right to NOT go into a smoking bar. My fear is once they have the smokers "CONTROLLED" who will they go after next... the obese, the diabetics, the occsional drinker. Where does it end, when government gets to decide what is right and wrong, DESPITE what the Constitution says.

klick
Nov 9, 2008 at 2:31 p.m.
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I agree with the Tobacco ban because we all know Cigarettes cause more deaths than drunk driving and drug use .

janesvillecomments
Nov 9, 2008 at 12:22 p.m.
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The government should stop subsidizing and regulating tobacco farmers. Let them take the same market risks as soybean farmers. It SHOULD outlaw smoking in government buildings and public facilities. Tobacco smoke is a known killer and second-hand smoke can kill people who make the smart choice not to smoke.
.
The government should not ban smoking unless they are also willing to ban drinking. That kills people and we've all seen the stories of drunk drivers killing innocent people. I don't know if alcohol is responsible for as many or more deaths than tobacco, but they both kill. Historically, we know how well banning drinking worked out last time, and we are still losing the war on illegal drug usage even with those being outlawed. Prohibition won't stop the users, but perhaps the drug lords would go back to being booze kings and we'd fix our balance of trade deficit as they stopped buying coca leafs from Columbian farmers and poppies from Afghan farmers and started buying locally grown crops to illegally brew beer and distill alcohol in the United States.
.
If businesses choose to ban or to allow smoking, it should be their right, as long as they notify people by signs at entrances what their choice is. People can choose to patronize or not patronize those businesses.
.
This is just another one of those "smoke and mirrors" issues both the Democrats and the Republicans use to stir up people and distract them from the fact that neither party is balancing the state budget, which should be JOB #1!

janesvillean
Nov 9, 2008 at 12:09 p.m.
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Funny how smoking brings out the Joe McCarthy in some people. For the record, I don't give a flying hoot whether you smoke or not -- they're your lungs -- but do it in a space that isn't shared by non-smokers. Oh, and don't ask for insurance when you get lung cancer, because you raise my rates to pay for your slow and agonizing death.

booch11
Nov 9, 2008 at 11:41 a.m.
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ihavealife:
cigarettes are LEGAL. and as long as they are, people should be able to partake.
because you cannot quit does not mean other should be affected.
banning smoking in public spaces will have ZERO effect on whether your kids smoke or not.
what WILL and does affect them is YOU SMOKING FOR 39 YEARS.

brewerguy78:
you can go dozens of places and find no smoking policies.
i never come home smelling like an ashtray.
i don't go to places where people smoke.

funny, the state of WI is considering legalizing medical marijuana, but outlawing smoking.
if our lawmakers want to ban smoking, why don't they just criminalize tobacco?
the federal government still sends hundreds of thousands of dollars in direct payment subsidies to dozens of tobacco farmers right here in good ole wisconsin.

millions in subsidies to tobacco farmers in the south.

lawmakers should put their money where their mouths are. but they won't because they will lose votes if they cut the subsidies.

it's easier to make gestures that affect everyone rather than go to the heart of the matter (and possibly lose votes).
too bad.
i thought democrats governed smarter.

NVgrf
Nov 9, 2008 at 11:27 a.m.
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lakennedy........wink..wink.

booch11
Nov 9, 2008 at 11:27 a.m.
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lurching left and farther left.
democrats have NO roadblocks in Wisconsin.
get used to it.
helmet laws will become mandatory -- even on bicycles.
smokers will see higher and higher taxes -- (cigarette taxes are as regressive as taxes get).
watch for a beer tax.
tickets for seat belt violations.
higher fees for every service.

remember, democrats KNOW BETTER than you do.
remember, they feel government solves ALL our problems.

wisconsin has been moving left for years.
and when all these nanny-state ideas become law, watch all those dumb-a** democrats complain.
and, worse, vote democratic again and again and again.
befuddling.

brewerguy78
Nov 9, 2008 at 11:20 a.m.
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It would be nice to go out and not have to come home smelling like a ashtray.

lakennedy
Nov 9, 2008 at 11:20 a.m.
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NVgrf: After reading your first post, i wasn't sure if you were kidding. I was worried.

NVgrf
Nov 9, 2008 at 11:03 a.m.
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Yah, you tell 'em rex. Commie, pinko Marxist punks. Just leave us the heck alone. Who needs schools, roads, sidewalks, parks and all of that baby sitting crappola. We can take care of ourselves! The one that really gets me is requiring baby safety seats in cars. Hell, we bounced around during fast stops as kids and we made it this far. And we have far too many laws of all kinds too. Out here in the desert, we just pack old Roscoe and don't worry about someone assaulting us. "Just bring it on buster. Make my day!"

rexkramer
Nov 9, 2008 at 10:10 a.m.
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As someone who doesn't, and has never smoked, I still don't feel we need this Nanny State mentality. If businesses want to ban smoking fine, public buildings, fine, but I don't need the government deciding for me. Then again, look what we just voted for in the election, better get used to it cause it seems like I'm in the minority. Apparently alot of folks didn't get enough of being treated like a child when they were a child.

NVgrf
Nov 9, 2008 at 10:09 a.m.
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So typical of what will happen under the new Obama socialist administration. First our cigs, then our cigars, then our pipes. If a man can't be free to pollute the lungs of others and take his own life then we have started down the slippery slope to complete totalitarianism. I blame the liberal leftist media for promoting such ideas which limit our freedoms as Americans. Our founding fathers would roll over in their graves! Many of them were smokers. Let's not forget that long covered-up historical fact!!

witchywoman
Nov 9, 2008 at 8:31 a.m.
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Yippee!!! A "green" act if I ever saw one!

WW

gazettefan
Nov 9, 2008 at 8:24 a.m.
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Yes, pass it. It's the wave of the future.

generalsn
Nov 9, 2008 at 8:12 a.m.
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It will be implemented within 90 days of it's implementation. That what page 12 the ban lobbyists textbook, published for the tax exempt political action committees (charities) tells them to do. See for yourself. Here's the book. www.no-smoke.org/pdf/CIA_Fundamentals.pd...

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