Proposed statewide smoking ban debated

Committee says cities should decide

? Despite pleas from health officials Thursday, a legislative committee snuffed a statewide ban on smoking in indoor, public places.

The House-Senate Federal and State Affairs Committee said smoking ban decisions should be made by local cities and counties.

State Rep. Arlen Siegfreid, R-Olathe, chairman of the committee, said he didn’t find a compelling reason for the state to get involved and would rather that “local entities decide that they want to do this on their own.”

In June, the Kansas Supreme Court upheld as constitutional the city of Lawrence’s three-year-old smoking ban in nearly all indoor workplaces.

Siegfreid said the ruling reinforced the authority of cities and counties to decide the issue, rather than the Legislature.

But Kansas State Health Officer, Dr. Howard Rodenberg, said a statewide smoke-free law would positively affect the health of residents.

“This piecemeal approach is not helping all Kansans,” he said. He was backed by numerous public health groups.

Each year, second-hand smoke kills more than 250 Kansans and plays a role in more than 2,100 new heart attacks, Rodenberg said.

A total of 24 states have smoke-free laws, as well as 19 cities in Kansas, affecting more than 20 percent of the state’s population.

But many bar and restaurant owners maintained it was their right to make the smoking decision themselves.

And even funeral operators opposed the proposal, saying that because many funeral homes also serve as residences of the funeral directors, the ban would be unworkable.

“I still believe that this is America, and Americans should be able to do as they please when the product they choose is legal,” said Mike Magors, owner of the Salt Mine in Baldwin City.

Annette Paden, owner of Our Place in Leavenworth, said 90 percent of her customers smoke. “They come here to have a beer and a cigarette,” she said. “I see no problem with that, and neither should you.”

And Pam Scott, executive director of the Kansas Funeral Directors and Embalmers Association, opposed the proposal.

Scott said she was concerned a ban “would prohibit smoking in the portion of a funeral home which is being used as a private residence.”

But some business owners testified in favor of a smoking ban.

Wayne Martin, co-owner of the bowling alley Royal Crest Lanes and Wayne & Larry’s Sports Bar in Lawrence, said the smoking ban in Lawrence has lured more families to the bowling alley.

“We don’t see people leaving Lawrence to bowl out of town so they can smoke,” Martin said.

A statewide ban was proposed during the last legislative session but was passed over in favor of more study.

Even though the committee will not recommend a statewide ban when the Legislature meets in January, Siegfreid expected the issue to come up again from individual lawmakers who support the proposal.