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by Darkseid on Sat Apr 25, 2009 4:28 pm

dave clark Posted Sat April 25 2009 05:25 PM
I've been informed that this has been passed into law in the state of Nevada.

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PUBLIC HEALTH: Smoking measure advances
Senate passes bill easing limits of voter-passed ban
April 18, 2009
By ED VOGEL
CARSON CITY -- Over the objections of a senator who beat cancer, the Senate voted 14-5 Friday to advance a bill that would allow adults to smoke in bars that serve food.
The vote for Senate Bill 372, which is expected to be well received in the Assembly as well, was made over the pleas of Sen. John Lee, D-North Las Vegas, who said second-hand smoke could cause cancer in unsuspecting patrons.
Lee spoke of being in "God's waiting room" during his bout with nasal cancer and how faith helped him through the ordeal. At times he said he wanted to die because radiation treatments hurt more than the cancer.
While he did not smoke, Lee said second-hand smoke causes cancer and legislators should not overturn the will of the people.
In November 2006, voters imposed a state law that prohibits smoking in restaurants, bars that serve food, slot machine areas of grocery stores, arcades and about every public place except the gaming areas of casinos.
Under the state constitution, the voter-approved no-smoking law cannot be changed for three years.
SB372 contains a clause that its provisions allowing smoking in bars that serve food would not begin until Dec. 9, three years after the smoking ban went into effect.
Still, Lee said senators owe it to their constituents not to amend the no-smoking law.
If tavern owners want to allow smoking, he said, then they should circulate a petition, like the American Cancer Society and other health organization did in 2006, and let voters decide whether to change the law.
No public testimony was taken on the bill Friday because it was heard by the full Senate, but during an April 3 hearing, a line of bar and taverns owners said the smoking ban was responsible for the closing of 47 bars in Clark County and the loss of hundreds of jobs. They said profits are off 15 percent to 50 percent and their customer base has dropped by about 25 percent.
A Las Vegas Convention and Visitors Authority executive testified that the ban cost his organization $41 million in business because a cigar and a smokers' convention moved to New Orleans where patrons could smoke on the convention floor.
However, anti-smoking advocates said at the time that tavern and bar owners were ignoring the fact that the economy has gone into recession and many businesses have failed for reasons other than a smoking ban.
Sen. Mark Amodei, R-Carson City, said Friday that legislators should read the bill before concluding that it defies the will of the voters.
He said the intent of the Nevada Clean Indoor Air Act, the law passed by voters, was to keep second-hand smoke away from children and adults who disapprove of smoking.
SB372, Amodei pointed out, would lead to fines of as large as $2,000 against bars that allow minors into areas where smoking is permitted. Adults could choose whether to enter smoking areas.
"Nothing is forced on people against their will," Amodei said. "It does not expose anybody to second-hand smoke and children to smoke in any form at all."
Michael Hackett, the American Cancer Society and Nevada State Medical Society lobbyist who led the 2006 campaign for the smoking ban, said he and health care advocates will try to kill SB372 in the Assembly.
That might take some doing since the bill likely will be referred to the Assembly Judiciary Committee, whose chairman, Bernie Anderson, D-Sparks, opposed past moves by health organizations to restrict smoking.
Because of their inability to get bills out of that committee, the American Cancer Society and other health groups collected signatures on petition that led to the anti-smoking questions being placed before voters in 2006.
Under SB372, Hackett said the state health officer would designate health districts in the counties to enforce the provisions against minors being permitted in bars where smoking is allowed.
Health district officials already are burdened with other duties and Hackett questioned whether they really have the time or staff to enforce the prohibition on minors.
He noted that other than in Clark County, police now can cite people who smoke in areas where smoking is not permitted. Smokers can be assessed a $100 fine.
The Nevada Tavern Owners' Association has challenged the constitutionality of the smoking ban. Oral arguments were made in its lawsuit April 6, but the state Supreme Court has not yet handed down a decision.
In the end, seven of the nine Senate Republicans and seven of the 12 Democrats supported SB372 Friday. Republicans Barbara Cegavske of Las Vegas and Bill Raggio of Reno abstained because of potential conflicts of interest.
Votes against the proposal were made by Democrats Shirley Breeden, Valerie Wiener, Joyce Woodhouse and Lee, all from Clark County, and Sen. Bernice Mathews of Reno.

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I used to have compassion, but they legislated it and taxed it out of existence.

Darkseid

Smoking Lobby Sponsor Joined: Jun 13, 2006 Posts: 1513 Location: Peoples Republik of oHEILo

by Slearwig on Sun Apr 26, 2009 1:00 am

Lee is wrong. This should NEVER, EVER be left to the voters.
At best, an election draws only 55-56% of the voters to begin with, so it only takes 100% turnout by the antis @ ~26% of the total voters to pass these prohibitions against standing Rights and Privileges.

When they campaigned for the voter-approved proposition that banned smoking in bars and restaurants in California it was a real 'weeper'. The main ad for the ballot had 'waitresses' talking about the dangers of putting up with customer's second-hand smoke while pleading with the viewers to pass the proposition, a real hoot when the job is voluntary and, especially in bars, attracted smoking employees who are now forced to either not smoke while working or be let go.
But that ad was like a cigarette girl telling us to ban smoking at her place of employment.

I'll tell you, nobody should be allowed to vote for prohibition unless they can prove they are regular patrons of the bars and restaurants facing a smoking ban.

Slearwig

Enthusiastic Smoker Joined: Mar 28, 2009 Posts: 205

by Cincy Steve on Sun Apr 26, 2009 9:41 am

I whole heartily agree..Ohio's Smoke Free law was touted as a 'grass roots' ballot initiative, and look at the piece of cr@p law that we now have to live with...
Fortunately when it comes to the small neighborhood bars it has been extremely hard to enforce and many are just ignoring it..

Cincy Steve Newbie

Newbie Joined: Nov 06, 2008 Posts: 5 Location: Cincinnati

by runamok on Sun Apr 26, 2009 10:19 am

Cincy Steve wrote:

....Ohio's Smoke Free law was touted as a 'grass roots' ballot initiative....

Just like any other ban locale, there was a flash flood of cash funneled in from out of state to fund all the pre-vote propaganda. Grass Roots my ass.

runamok

Smoking Lobby Sponsor Joined: Dec 20, 2004 Posts: 1288

by Darkseid on Sun Apr 26, 2009 11:54 am

And....everyone ALWAYS overlooks the fact that the usual suspects (ALA, ACS, AHA,RWJF,etc;)also have about 99% full support of all media, mainly Newspapers (including the free weekly periodicals)and the local TV stations. Worth:priceless. If our side had that, we wouldn't need money. Their side doesn't need it-but add that to the millions at their disposal for the hysteria-inducing emotional ads, and it makes them unbeatable(as icing on the cake here in OheilO, they also have gutless liberal 'country club' republicans like Taft, RHINOvich (and their wives behind the scenes prodding them)who suck up everything the nazis say as gospel).

Darkseid

Smoking Lobby Sponsor Joined: Jun 13, 2006 Posts: 1513 Location: Peoples Republik of oHEILo

by Asmoker2 on Sun Apr 26, 2009 5:36 pm

Yeah, that "vote" thing got to me too. As I recall, I didn't have the option of a vote when they placed the "indoor" smoking bans. As a matter of fact, more people than not, signed a petition against the ban and it went totally ignored by the politians and news media.

Asmoker2

Smoker Joined: Mar 24, 2009 Posts: 143

by Darkseid on Sun Apr 26, 2009 7:40 pm

Not to mention-OheilO is continually banning smokers OUTSIDE-as in open sports stadiums , Strip malls, Hospitals, etc;saying "in compliance with the statewide ban', when it's NOT-the ban was for INDOORS ONLY. I don't think anything about the ban in this state pisses me off more, other than our gutless 'republicans'. Someone told me DeWanker (DeWine) , the RHINO who lost his position last year, is considering a run for George RHINOvitch's seat (Voinovich)in November to sneak back into office. God forbid they'd run a conservative. I wrote him and Voinivich both letters before the smoker ban went through-I got virtually the same response from both parroting "the hazards of SHS."

Darkseid

Smoking Lobby Sponsor Joined: Jun 13, 2006 Posts: 1513 Location: Peoples Republik of oHEILo

by CigarBoy on Tue Apr 28, 2009 11:41 pm

Cincy Steve wrote:

Steve....you and I are lucky in that we are just a few miles from freedom.............the KY border.

CigarBoy

Enthusiastic Smoker Joined: Dec 09, 2006 Posts: 236 Location: Cincinnati, OH

by Cincy Steve on Thu Apr 30, 2009 6:31 pm

CigarBoy wrote:

Cincy Steve wrote:

Steve....you and I are lucky in that we are just a few miles from freedom.............the KY border.

Oh I agree, and since most of my family lives across the river, most of my 'dining' is in Florence....

We're also lucky that we have a few in the legislature that continue to try and amend the
Smoke Free law...

http://www.legislature.state.oh.us/BillText128/128_SB_120_I_N.html

Cincy Steve Newbie

Newbie Joined: Nov 06, 2008 Posts: 5 Location: Cincinnati

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