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| 5/26/2009 8:48:00 AM | Email this article • Print this article | New state smoking ban law receives mixed reviews
Area state lawmakers cast opposing votes on recently approved anti-smoking law
Just as there were differences of opinion leading up to the vote on Wisconsin's recently passed smoking ban positions on both sides of the issue have changed very little - if any.
The law, signed May 18 by Gov. Jim Doyle and which takes effect July 5, 2010, prohibits smoking in bars, restaurants, hotel rooms and most other work places.
Tobacco control coordinators Heidi Nykolayko of Vilas County and Niki Kostrova of Oneida County agree the law will have a major effect on people's health in the near- and long-term.
Both expressed disappointment that the ban won't go into effect until July 2010, but said anti-smoking supporters gained a big victory because the law will cover all workplaces and will protect all workers.
"We'll still need to continue educating the public and especially young people about the dangers of smoking and of smokeless tobacco," said Nykolayko.
"This law will save money in the long run," Kostrova said. "People will be healthier because they will not be breathing in second-hand smoke."
The Polecat and Lace restaurant has been smoke-free for about six years, according to co-owner Denise Pitzo. She believes it has been a benefit to the establishment.
"We had some people get mad at first and say they wouldn't come back, but 95 percent of them have returned," Pitzo said. "But then it's been great for families, small children and people with asthma and other health-related problems."
Bob Paul, manager of Otto's Beer and Brat Garden said he believes it won't have a huge impact on that business.
"We have a more transient customer base," Paul said. "But with our beer garden people will still be able to smoke and drink out there and not have to stand just outside a door to smoke. I've also seen a drastic decline in the number of smokers over the last few years anyway."
District 12 State Sen. Jim Holperin voted in favor of the new law.
"I voted in favor because I think this is a multi-faceted issue that impacts public health," Holperin said. "But I do still have some concerns about the impact of government regulation of personal freedoms. On the other hand the law will do what supporters said it would do - eliminate second-hand smoke and improve the health of the people of Wisconsin."
State Assembly 34th District Rep. Dan Meyer voted against the new law.
"I was troubled because in some respects I think it went too far and in others it didn't go far enough," Meyer said. "The ban does not include casinos and hotels and motels will no longer be able to offer the option of non-smoking or smoking rooms. Some smokers will cheat and still smoke and people who really want smoke-free rooms will have to deal with people cheating and smoking in those rooms sometimes."
Meyer also said in some cases people who break the new law and smoke may be punished more severely than some people who are found with marijuana.
"In Dane County, a first-time offender caught with a small amount of marijuana, which is illegal, can be fined about 15 bucks," Meyer said. "While according to this new anti-smoking law, someone smoking a cigarette, which is legal, can be fined $100 or more."
Meyer may have "low balled" the actual penalty in Dane County, but there is a difference in the penalties for the two violations.
According to a spokesperson for the Madison chief of police office, someone accused of "casual possession," which is having less than 28 grams or marijuana in their possession, can be fined $109.
According to the new anti-smoking law, violators caught smoking a cigarette will face fines up to $250. Business owners who don't try to stop smokers would get a warning and then a $100 fine for subsequent violations.
Joe VanDeLaarschot can be reached at jvandelaarschot@lakelandtimes.com.
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