Top News

by Pat Kessler
St. Paul (WCCO) ― A bipartisan group of Minnesota lawmakers have proposed a statewide smoking ban that would include all Minnesota workplaces, including bars and restaurants.

Two Democrats and two Republicans said they have broad public support for their "Freedom to Breathe Act," which would outlaw smoking in indoor workplaces and public transportation. They said it's an issue of workplace safety, nonsmokers' rights and public health.

"I want to change the environment in this state to discourage smoking in the first place," said GOP Sen. Steve Dille, whose rural district includes two counties with smoking restrictions. "Let's stop smoking, improve our health and increase our life span."

At a busy Duffy's Bar and Grill, the Thursday afternoon lunchtime crowd in downtown Osseo, Minn. wasn't very happy about a possible statewide smoking ban.

"Personally I think it's kind of a crock I guess," said Josh Rademacher of Big Lake, Minn., who was having a beer and a cigarette following his night shift, suggesting those who don't wish to be exposed to smoke go elsewhere. "I guess if you were really concerned about your health, you wouldn't come into an establishment that allows smoking."

Resistance is particularly fierce from bar owners, who argued that a comprehensive ban could put them out of business.

Duffy's owner Martin Duffy estimated a smoking ban would snuff out 10 to 20 percent of his business -- not to mention what he claims is big government interference in private lives.

"Nobody has the right to come into my property and tell my customers or myself that I can't use or they can't use a legal substance," said Martin Duffy, who owns Duffy's Bar & Grill in Osseo, Minn. "If you feel that strongly about it, by god, outlaw tobacco."

Right now Duffy's and 140 other Ramsey County bars are exempt from the Ramsey County ban because they sell more liquor than food. Under the new proposal, there would be no exceptions at all.

"It's really clear it's time for a smoke-free Minnesota," said Mike Maguire of the American Cancer Society.

Those in support of the proposal stress the importance of eliminating dangers of second-hand smoke, especially to employees in restaurants and bars.

"I'm not that worried about it," said Mike Kalhoff, who works as a bartender at the Blue Fox 28 hours a week. "The money is good and that outweighs thinking about the future too much."

Smoking opponents made their last run at a statewide smoking ban in 2005, when the House Commerce Committee killed the bill. Bar owners put up particularly fierce resistance. Debate centered on how far to extend smoking restrictions, and one panel supported a scaled-back ban that wouldn't hit bars and American Legion posts.

But last year, then-U.S. Surgeon General Richard Carmona declared secondhand smoke a serious health hazard and said there's no debate about the scientific evidence. His report said tens of thousands of American nonsmokers die each year from what he called "involuntary smoking."

"Our goal is protecting every worker in every workplace," said Maguire, adding "and every Minnesotan."

A leader with the Minnesota Restaurant Association acknowledged that legislative action is likely this year, even though the group of 1,000 eateries and bars opposes a statewide ban as undue government interference.

"One has to be realistic," said Dave Siegel, the association's executive vice president.

If a ban must come, Siegel wants it to cover all establishments -- otherwise, he said, the state could drive customers from one place to another. His group will also push for state grants to help the hardest-hit businesses through the initial loss of customers.

Gov. Tim Pawlenty's spokesman, Brian McClung, said in an e-mail that the governor supports a statewide smoking ban, but would prefer that it contain an exemption for private clubs such as VFWs.

But the bill's authors said they want uniform restrictions for all establishments.

"Someone that doesn't smoke and has to work for a living, like most of us, shouldn't be forced because of where they work to breathe somebody else's smoke," said DFL Rep. Tom Huntley, the bill's House sponsor.

The bill would make the state's Clean Indoor Air Act more sweeping, while still allowing smoking in Indian ceremonies, scientific studies and tobacco shops where customers are sampling the wares. Smoking could continue in private cars and homes, as well as private rooms in hotels, motels, nursing homes and other residential facilities.

Taxi and bus drivers could smoke in their vehicles when they're off duty but they'd have to post signs informing passengers. Day care providers, too, could smoke in their homes when they're not caring for children but would have to post signs and tell their clients.

Restaurant and bar owners who didn't uphold the restrictions would face misdemeanor charges, while violations by smokers would count as petty misdemeanors. The changes would start Aug. 1.

Huntley said he hopes to pass the legislation without major changes. The bill gets its first hearing before a House health panel next week.

Local smoking bans now cover about two in five Minnesotans. Minneapolis, St. Paul, Bloomington, Duluth, Mankato and Hutchinson have local bans, as well as counties such as Olmsted, Beltrami, McLeod and Meeker.

Anti-smoking forces are lobbying hard to extend those restrictions across Minnesota.

In the second half of 2006 -- when the Legislature wasn't even in session -- ClearWay Minnesota, formerly known as the Minnesota Partnership for Action Against Tobacco, spent more than $75,000 to influence legislative action, according to a report filed with the state's Campaign Finance and Public Disclosure Board.

(© 2007 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)