Bi-Partisan Rejection of the So-Called Smokefree Dining Act (pdf)
In the closing weeks of the legislative session, the Wisconsin State Senate voted to reject the Tavern League’s bill that would have created a lower uniform statewide law on smoking and preempted local municipalities from enacting stricter ordinances. Currently 27 communities—the cities of Madison, EauClaire and Appleton, and La Crosse County among others—have local ordinances that would have been repealed by the Legislation as passed by the Assembly. The legislation would also prohibit any future action taken by local municipalities that want to enact ordinances stricter than state law. The bill, sponsored by Scott Fitzgerald in the Senate and Jeff Fitzgerald in the Assembly, would have allowed patrons to smoke in bar areas of restaurants and in certain bowling alleys. In addition, smoking would have been allowed anywhere in restaurants seating less than 50 people regardless of whether or not that restaurant had a bar.
This bill, which passed the Assembly earlier this session by a narrow margin (48-45), was defeated in the Senate by a vote of 17-14, in spite of an added amendment that would have grandfathered those communities with anti-smoking ordinances already in place to uphold them as they stand. The American Cancer Society* along with its partners, Smokefree Wisconsin, the American Heart Association, and the American Lung Association worked vigorously to beat back this legislation. The opponents were successful and gathered an evenly apportioned bi-partisan vote to reject the legislation (8 Republicans and 9 Democrats voted against the proposal).
The Tavern League argued that the current state of affairs -- where municipalities have enacted varying ordinances – has had an adverse economic impact on bars located in jurisdictions with the stricter ordinances. Tired of losing the battle on the local level, the Tavern League turned to the Legislature to preempt local control. The Tavern League ran smack into the combined opposition of those legislators that believe in local control and less government, and those legislators that support the smoke-free environments created by the local ordinances.
One obvious solution remains for future legislatures to consider: 100% smoke-free workplaces statewide. This addresses the number one concern raised in the debate by the Tavern League -- the lack of uniformity creating unfair competition for bar owners. Yet, isn’t their real argument that they want people to be able to smoke in the bar even if the citizens in the community want otherwise? Clearly, 100% smoke-free statewide would be the right policy decision from the perspective of the health advocates who are finding an overwhelming interest community by community. The Tavern League will point out that there are some customers that want to be able to smoke in the bar and are angry that the majority of voters in their community think otherwise.
Thus, the question remains, is Wisconsin ready to go completely smoke-free? Many do not think we are ready. One wonders if the citizens of Ireland thought the country was ready when it went smoke-free? Word on the street is that there are quite a few tavern owners in Ireland.
*Broydrick & Associates, working on behalf of the American Cancer Society, lobbied against this legislation.