REPRINTED from the Iowa Independent:
Independent Congressional candidate William Meyers, who lost his district's Democratic primary last month, has launched a new Web site he hopes will become the focal point for the movement to repeal the recently enacted statewide smoking ban. The site attacks most Democrats in both chambers of the state legislature.

The site, RepealTheSmokingBan.org, officially went live earlier today. Meyers said he is currently operating it on his own but hopes in the coming days to contact interested parties who are working to overturn the ban to see if they would be interested in utilizing the site to unify the movement on a statewide basis.

"I want to donate the site to groups trying to get this terrible law overturned," Meyers said. "This site can help form a statewide coalition to make that a reality."

Meyers said he first became interested in the idea when he was running in the Democratic primary for the 4th District U.S. Congressional seat. The site, however, is completely separate from his independent run for Congress, Meyers said, though he hopes he can use the experience he has gained during the campaign to benefit the anti-ban movement.

"I'm willing to do what I can, whether that is helping with research for a future lawsuit, assist in online networking or just out talking to people and letting them know why this ban is a bad idea."

One section of the site, entitled "The Nannies," lists every legislator who voted in favor of the smoking ban, along with contact information. A "Nanny," according to the site, is anyone who "thinks they should be able to tell other adults how to live. The militantly anti-anything-else-they-see-someone-else-enjoying."

Many Democrats were already upset with Meyers, fearing his independent run for Congress could siphon votes away from Democratic nominee Becky Greenwald and tip the race to Republican incumbent Tom Latham. In designing a Web site aimed directly at a bill Democratic legislators and Democratic Gov. Chet Culver advocated,he runs the risk of further alienating the Democratic establishment.

"I think this shows my willingness to reach across the aisle and speak out on an issue I believe in," he said. "I was embarrassed to call myself a Democrat when my party pushed through the smoking ban, and I think it will hurt them and any Republican who voted for it this fall."

From the Des Moines Register, Iowa:

The state’s proposed rules to regulate a statewide smoking ban treats hundreds of bars as restaurants, which means customers won’t be able to smoke in outdoor patio areas, some business owners and a few legislators said today.

"In my mind and in the minds of just about every single legislator I’ve talked with in the past week – and that’s about 20 or so – this is an absolute perversion of the legislative intent. Period," said Rep. McKinley Bailey, a Webster City Democrat.

The state's administrative rules are intended to help clarify and implement laws and spell out details of enforcement. The Legislature's Administrative Rules Review Committee discussed the proposed rules for the smoking ban today.

The Legislature this year approved a ban on smoking in almost all public places, including bars and restaurants, effective July 1. One provision in the law allows bar owners to permit smoking in their outdoor patio areas but prohibits restaurants from allowing outdoor smoking.

The rules, also effective July 1, say that bar food is limited to ice, pre-packaged snacks, popcorn, peanuts and the reheating of commercially prepared foods that do not require assembly, such as frozen pizza.

Under that definition, bars that have a grill and serve a burger, for example, would be considered a restaurant.

The draft rules were recommended by the Iowa Department of Public Health, along with a number of other state agencies, including the attorney general's office and the Department of Inspections and Appeals.

"This is a clear case where a state agency is going beyond the scope of the intended legislation," said Tom Baldwin, owner of Drink, a Clive bar.

Roughly 3 percent of Drink’s sales are from food. But because of the proposed rules, the facility would be considered a restaurant for the purposes of enforcement of the statewide smoking ban, he told the rules committee today.

The Iowa Board of Health is expected to vote on the rules at 2 p.m. today The rules are likely to be put into place by July 1 even though a public comment period will continue through Aug. 6, said Don McCormick, a spokesman for the Department of Public Health.

State officials involved in the rules committee could revise them as a result of public input, even after the July 1 start date, he said.

More information on Iowa Anti-Smoking Laws:

RULES: The rules, including information about the rule-making process and how to send state officials a comment about the law, can be found at www.iowasmokefreeair.gov.

Smoking ban details

PLACES WHERE SMOKING IS BANNED: Bars; restaurants; restaurants' outdoor seating areas; financial institutions; public and private educational facilities; health care provider locations; laundries; schools; public transportation facilities, including buses and taxicabs, and the ticketing, boarding and waiting areas of these facilities; reception areas; aquariums, galleries, libraries and museums; retail food production and marketing establishments; service establishments; retail stores; shopping malls; entertainment venues, including theaters, concert halls, auditoriums and other similar facilities or sports arenas; polling places; convention facilities and meeting rooms; waiting rooms; public buildings and places of public assembly owned, leased or operated by the state; private residences when used as child care facilities or health care provider locations; and child care facilities.

PLACES WHERE SMOKING IS ALLOWED: Outdoor areas of bars; veterans organizations, except at functions where the general public is invited; farm tractors and trucks; fairgrounds; designated areas of National Guard facilities; designated areas of correctional facilities; areas of casino gambling; some hotels; tobacco stores; semiprivate rooms in long-term-care facilities; many outdoor areas that are places of employment; most limousine services; and homes, except those used as child care facilities.

Smoking ban enforcement

FINES: A person caught smoking in a banned area is subject to a $50 fine. Employers or caretakers of public places who fail to enforce the law are subject to a $100 fine for the first offense, $200 for a second offense, and $500 for other violations within one year.

EMPLOYERS: An employer who fires, refuses to employ a worker, or retaliates against an employee who complains about a violation is subject to fines of $2,000 to $10,000.

SIGNS: The proposed rules outline the responsibilities of property owners or government officials to post no-smoking signs.

COMPLAINTS: The state's health department designates each law enforcement department in the state to help with enforcement. A toll-free number will be set up for people to complain about violators. Complaints may also be filed with state officials online at www.iowasmokefreeair.gov.

RULES: Once legislation is signed by the governor it becomes part of the Iowa Code. Some laws require or authorize a state government agency to adopt administrative rules, which are the regulations the agency uses to implement the law.

EXPEDITED: The state's standard rule-making process takes at least 108 days and frequently lasts six months or longer. Because the smoking ban was signed into law by Gov. Chet Culver on April 15 and takes effect July 1, state officials are using an emergency rule-making process.

HEARINGS: The process involves public hearings and public comment periods. State health officials will hold at least five public meetings throughout the state. The public may comment now through Aug. 6. The dates of the public meetings will be posted online at www.iowasmokefreeair.gov.

PUBLIC: Even though the rules may be adopted, public comments made before the Aug. 6 deadline will be considered and could play a part in revisions to the rules. Revisions would probably be made in October.

Ban on smoking causes crashes - study

A ban on smoking in American bars has increased the number of accidents apparently caused by drinking and driving.

US jurisdictions with a smoking ban have seen, on average, a nearly 12 percent rise in the number of drink-related accidents at the wheel, researchers say in a paper published in the Journal of Public Economics.

It's based on data from 2000 to 2005, drawn from counties that enforced a ban on smoking in bars during this period and from accident statistics before and after the ban was introduced.

Researchers found that instead of heading to their local bar for a drink and a puff, smokers ventured farther afield in search of a place where lighting up is still allowed

They may not be drinking more than before but they are certainly driving more - and that's what is increasing the risk of a crash.

The study said: "Banning smoking in bars increases the fatal accident risk posed by drunk drivers.

"Our evidence is consistent with two mechanisms -- smokers searching for alternative locations to drink within a locality and smokers driving to nearby jurisdictions that allow smoking in bars."

According figures cited in the report, nearly a one-third of the US population lives in cities, counties or states where there are restrictions on smoking in bars.

Study authors Scott Adams and Chad Cotti of the University of Wisconsin say the increase in drunk driving has to be weighed against "potential positive health impacts" from smoking bans, and this may take years to determine. - Sapa-AFP

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