The last time David Smith went bowling, he suffered an asthma attack that ended in a night's worth of violent coughing. His parents blame the reaction on secondhand cigarette smoke, and won't let him to go back to the lanes.
On Wednesday, the 7-year-old asked lawmakers to help him enjoy a night out with his family by supporting a statewide ban on smoking in most indoor public workplaces.
"I wanted to have my next birthday party at the bowling alley and now I can't because of the smoke," David told members of the Senate Industry, Business, and Labor Committee.
Some private business owners, however, told the panel that they should be free to decide their own smoking policies.
"My place is my place," said Allan Leier, a Bismarck bar owner. "I own my business and I own the building."
Lawmakers are considering two proposals to regulate indoor smoking. One, a House bill, would exempt bars and private clubs.
The Senate bill reviewed Wednesday is more strict. It would outlaw smoking in most indoor workplaces that are open to the public. Exceptions include tobacco retailers, designated hotel rooms, and private homes that are not used as child care facilities.
Violators would be fined up to $100 the first time they are caught, and up to $500 for repeated offenses. Local governments could not enact smoking laws more lenient than the state ban.
Bill Shalhoob, a Bismarck hotel owner and spokesman for the state hospitality association, said the legislation is unnecessary because the service industry already is meeting increased demand for smoke-free facilities.
"When I came to North Dakota in 1974, there was no such thing as a nonsmoking room. Now, 75 percent of our rooms are nonsmoking," Shalhoob said. "We're responding to the demand."
Leier said forcing patrons to extinguish their butts would hurt his bottom line. Pushing the preferences of society at large upon those who frequent taverns is unfair, he said.
"We have some nonsmokers that come in, but the majority of them are smokers," he said. "That's what happens when you have pool players, dart players and drinkers. They smoke."
But David Smith's father, Gordy Smith, said public health should trump business concerns. Smith said watching his son endure asthma attacks after being exposed to cigarettes convinced him that tobacco smoke needs to be regulated.
"It's time that the government steps up to protect the 80 percent of us who don't smoke from the 20 percent of us who do," he said.
Robert Shepard, a doctor and anti-smoking activist from Helena, Mont., presented a study he helped write that detected a significant drop in heart attacks during a six-month period when a similar smoking law was enforced in Helena.
"We can really make a profound difference in our communities by enacting secondhand smoking bans," he said. "It's a step that's been taken by several cities, a number of states and even entire countries around the world."
The committee did not immediately act on the bill, which the Senate will vote on later.
The bill is SB2300.
Posted in State-and-regional on Wednesday, February 9, 2005 6:00 pm Updated: 6:42 pm.
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