SEARCH
NAVIGATION
USER LOGIN

Create new account

Request new password

HOTEL RESERVATIONS

Ocean City Hotel Deals

View More Hotel Deals

MD. SMOKING BAN CLEARS HOUSE, SENATE COMMITTEES

4 replies

Sunburnt
Joined: 01/30/2004
Sand Dollars: 1005
User offline. Last seen 1 year 19 weeks ago.

Md. Smoking Ban Clears House, Senate Committees
Shawn Soper

News Editor

03/22/2007 OCEAN CITY – A statewide smoking ban in Maryland appears to be as close to done deal as it ever has this week after committees in the House and Senate approved the Clean Air Act of 2007, which, if approved by the entire General Assembly, would make bars, restaurants and other public places across the state completely smoke free.

The effort to make all Maryland bars and restaurants smoke free has gained momentum in recent years, but has failed each year because the legislation could not get out of the respective House and/or Senate committees. Those barriers were knocked down this week when the Senate Finance committee voted on Tuesday to approve the measure and the House Economic Matters committee followed suit the very next day.

The Senate Finance committee approved the Clean Air Act by a narrow 6-5 margin with committee chairman Senator Thomas Middleton casting the deciding vote. Middleton’s vote was interesting because he represents Charles County in southern Maryland where tobacco auction barns still line the rural routes. Middleton has been a stumbling block for the legislation in the past.

The House Economic Matters committee approved the Clean Air Act the next day with a 15-8 vote, sending the bill to the floor for the entire House to vote on. Delegate Jim Mathias (D-38B), who represents Ocean City and Worcester County, serves on the Economic Matters Committee and voted in favor of the bill after wrestling with the public health versus private business issue for several weeks.

“This was a very tough issue,” Mathias said yesterday. “Strong cases were made by both sides and it could have gone either way, but at the end of the day, the public health benefit was just too big to ignore. Public opinion in our district went about 100-1 in favor of this legislation.”

While almost no one disputes the public health benefits from the proposed smoking ban, many object to the bill because of the apparent intrusion by the government on private enterprise. The bill’s detractors, including the Restaurant Association of Maryland, claim the smoking ban would create economic hardship for many of its members.

“Current law preserves freedom of choice. There is no need for additional restrictions,” RAM’s official statement on the proposed smoking ban in Maryland reads. “Some restaurants and bars have gone smoke free voluntarily, which works well for some businesses. However, smoking policies should be determined by business owners and their customers, not by the government.”

Both sides testified passionately during hearings in both the House and Senate committee in the weeks leading up the votes this week and both sides presented strong arguments for and against the bill, according to Mathias.

“I got a lot of honest calls, sincere calls on both sides of the issue,” he said. “When we had the hearings in committee, both sides were extremely fair and presented rational, logical arguments. This wasn’t an easy one.”

The Clean Air Act now moves to the floor of the House and Senate with the full Senate expected to take up the issue as early as yesterday or today. While the two committees approved essentially the same smoking ban bills this week, the legislation coming out of each chamber was markedly different.

For example, the House version allows for an exemption from the bill, should it pass, if a business owner can prove undue hardship caused by the ban. Language in the bill provides the opportunity for a proprietor to present a case to the state Comptroller’s Office showing justification for an exemption to the bill.

“There is a potential for a waiver if the business can prove it is adversely affected by the smoking ban,” he said. “I’m pleased with the waiver. It would likely be difficult to prove and I’m not sure the comptroller’s office would be handing many out, but it does provide some flexibility.”

Another major difference in the two bills approved by the respective committees this week is a provision in the Senate version that would exempt service organizations such as American Legions, Elks Clubs, Lions Clubs and Optimists Clubs, for example. The bill approved by the House committee allows for no such exemptions.

The committee approvals this week in the House and Senate follow a vote last month by the Baltimore City Council to ban smoking in bars and restaurants in Maryland’s largest city, which could have provided an impetus for approval of a statewide ban this year. Baltimore joined Howard, Montgomery, Prince George’s and Talbot Counties as jurisdictions that have passed local laws banning smoking in most public places including restaurants and bars, placing nearly half of the state’s population under a smoking ban already.

Locally, the business community has been clearly divided on the issue with one camp in favor of the ban and another camp siding in favor of less government intrusion. However, most agree a statewide ban will at least create a level playing field for businesses competing in border areas between county and county and state and state.

All material copyright 2007 The Maryland Coast Dispatch, Berlin, MD. Questions, comments, contact us at




Sunburnt
The 'Burbs of MD
Joined: 01/22/2005
Sand Dollars: 228
User offline. Last seen 43 weeks 3 days ago.

Awesome! They should pass a second law stating all establishments must purchase outdoor ashtray urns, and no smoking is allowed directly adjacent to the main entrance. I hate it when people are hoving around an entrance doorway smoking!

and I'm speaking as a longtime smoker who is struggling to quit!






Z06RL's picture
Sunburnt
PA
Joined: 12/07/2003
Sand Dollars: 1348
User offline. Last seen 3 hours 39 min ago.

By public places, does that include the beach? I hate tramping on somebody's cigarette butt. Almost as much as I hate dodging dog poop on the beach left by lazy people who can't bend their big fat butts over to pick it up. (rant) But then again, just what area outside of your home is not considered public space? The Pittsburgh Pirates ball park in Pa has now been make completely smoke free. There used to be areas where smokers could light up, well away from others, but now there will be no smoking anywhere on the property including parking areas. I don't smoke and don't like to smell it, but I sure don't see the problem (aside from the butts) with people who want to smoke in a large open outside area such as a parking lot. Wow. I'm afraid that once smoking is banned in public places, we're going to be picking up a lot more butts in a lot of places we didn't have to before. Like streets and sidewalks.






Sunburnt
Ellicott City, MD
Joined: 09/22/2004
Sand Dollars: 227
User offline. Last seen 3 weeks 4 hours ago.

Quote:
By public places, does that include the beach? I hate tramping on somebody's cigarette butt. Almost as much as I hate dodging dog poop on the beach left by lazy people who can't bend their big fat butts over to pick it up. (rant) But then again, just what area outside of your home is not considered public space?

I absolutely hope they ban smoking on the beach if this is passed- Besides pouring-down rain, smoking is about the ONLY thing that ruins my day at the beach- It is the most frustrating, unhealthy, annoying habit that exists- I can't tell you how many times I've been sitting by the ocean, only to have someone squeeze in beside me, and then proceed to spew their exhaled carcinogens in my direction-

NOTHING ruins my day at the beach like smokers- I can sort of take it at the bars (but can't wait until this is passed)- but I go to the beach to smell the fresh salt air- not cigarette waste- Don't even get me started on how cigarette smokers feel that the whole beach (and WORLD) is their personal garbage can...

Please explain to me why anyone should be allowed to spew smoke in another person's direction, and that be some sort of right. They can poison themselves in their own home if they want- but I hope it is removed from EVERY public location.

Quote:
I'm afraid that once smoking is banned in public places, we're going to be picking up a lot more butts in a lot of places we didn't have to before. Like streets and sidewalks.

They already throw them wherever they fell like it- so I really don't see how this could make a difference- Beach, no problem. Sidewalks, no problem. Bars, no problem... There is not a smoker alive that hasn't tossed cigarette butts onto the street- Maybe not every time- but at some point- They are the most selfish people on the face of the planet- and yes, I'm generalizing...






Z06RL's picture
Sunburnt
PA
Joined: 12/07/2003
Sand Dollars: 1348
User offline. Last seen 3 hours 39 min ago.

Of course you are right. The hubby and I went to dinner with friends tonight at the local country club. They do allow smoking inside the bar area, but not in the dining area. When we finished and went to get in our cars, there were probably 100 butts lying all along the curb and grassy area. Disgusting. And I grew up in a family of smokers. My kids were the ones to get my parents to quit because the kids told them they smelled funny. DUH!