Lawmakers pass smoking ban
BY JoANNE YOUNG / Lincoln Journal Star
It’s been a long time coming for some state senators and Nebraska residents, but the Legislature on Friday gave its blessing to a statewide smoking ban.
The ban, nearly identical to Lincoln’s three-year-old ban, will go into effect June 1, 2009, if Gov. Dave Heineman signs it within five days.
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Lincoln’s annual keno receipts dropped two years after the smoking ban passed Jan. 1, 2005. They rose again last year.
2003: $22.5 million
2004: $23.1 million
2005: $18.8 million
2006: $19.8 million
2007: $20.5 million
Source: Nebraska Department of Revenue
Heineman said he will review the bill and decide within that time period. The question, he said, is whether the public health issue overrides business concerns about government interfering in people’s lives.
Sen. Joel Johnson of Kearney, who has worked on passing the bill for two years, said the stage was set by many before him, including former Sen. Nancy Thompson of Papillion.
The bill (LB395) last year had been amended to allow communities to opt out of the ban, but Johnson said he decided before the end of the session he could not live with the amendment. He said he told then-Sen. Mick Mines of Blair, who opposed an all-inclusive ban, about his change of heart and gave him time to react with a kill motion.
Earlier this month, Johnson was successful in taking the bill back to its original form. Many communities and businesses that contacted him said if the state was to have a ban, it should include all communities.
“They saw the folly of all of the opt-out provisions,” Johnson said.
In the end, 14 senators continued to oppose the ban, some of them staging a filibuster for about an hour and a half.
Sen. Norm Wallman of Cortland said communities and businesses would have gradually become smoke-free on their own without the Legislature forcing them. The bill has a lot of problems, he said, including enforcement issues.
“Are we about freedom, or are we about bullying people to do what we want them to do?” he said.
Sen. Phil Erdman of Bayard likened LB395 to a vision on the wall, like the Wizard of Oz, that looked great, but when the curtain was pulled back, there was Johnson with a different bill than had been agreed upon.
Sen. Russ Karpisek of Wilber said the ban would put people out of business, especially in rural Nebraska, where communities can’t afford to lose businesses.
One of those is Rj’s in DeWitt, near Karpisek’s hometown.
Guy Mentel, a co-owner of the bar and restaurant — one that serves breakfast, lunch and dinner — said the ban will hurt business.
“People will start staying at home where they can do what they want to do,” he said.
Smoking is just a way of life for some people, he said.
Lincoln’s ban has been in effect since Jan. 1, 2005. And while the ban seemed to hurt some bars in the beginning — because smokers could find places to go in other communities — Lincoln bars seemed to rebound.
The latest report on keno money earned in the state and its cities — one indicator of the effect of the Lincoln smoking ban — showed that revenue went up about $1 million in Lincoln in the fourth quarter last year, compared with the previous quarter and to the same quarter in 2006.
The $5.8 million in Lincoln keno proceeds last quarter was the highest since the first quarter of 2004 — a year before the ban — when proceeds were $6.2 million.
Bill Harvey, with Big Red Keno, said Lincoln has about $2.6 million to make up to get to pre-smoking ban annual totals.
Keno receipts had been growing every year until the ban, and in 2005 dropped from $23.1 million the previous year to $18.8 million. Keno proceeds began growing again in 2006 and 2007, and last year were up to $20.5 million.
“We’re gratified about the fact the Legislature passed a statewide smoking ban,” Harvey said. “I think it’s going to be helpful to our business because it puts everybody on a level playing field.”
Someday, he said, business will be back on the upward curve it was on before the smoking ban took effect.
GASP of Nebraska President Mark Welsch has waited 20 years for the state to enact a smoking ban.
“Can you see me jumping up and down? Can you see my big smile,” he said. “I’m so excited.”
During the past 20 years, the state took small steps toward this, with a 1999 ban on smoking in state buildings and vehicles, then a ban for commercial daycare centers and in-home centers when the children were there.
Lincoln’s ban influenced the process positively, Welsch said. And the Nebraska Restaurant Association’s support for the first time helped greatly. And people saw how unfair Omaha’s ban was, allowing some bars to allow smoking and not others, he said.
Seventy percent of Nebraska residents want a smoke-free state, Welsch said.
“Thank God we finally have it.”
Reach JoAnne Young at 473-7228 or jyoung@journalstar.com.

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YAY! wrote on February 22, 2008 11:34 am:
Liz wrote on February 22, 2008 11:36 am:
Tom wrote on February 22, 2008 11:40 am:
Congratulations to all! "
GREAT NEWS! wrote on February 22, 2008 11:46 am:
Travis wrote on February 22, 2008 11:46 am:
c wrote on February 22, 2008 11:49 am:
Yes!!! wrote on February 22, 2008 11:51 am:
justme wrote on February 22, 2008 11:53 am:
now, if they can pass a law saying that you can't smoke directly outside the building. alot of times, you leave a restaurant, you walk outside you walk directly in smoke. be respectful!!
"
Michelle wrote on February 22, 2008 11:53 am:
To our Senators wrote on February 22, 2008 11:53 am:
Lincolnite wrote on February 22, 2008 11:55 am:
David wrote on February 22, 2008 11:58 am:
Big Fish wrote on February 22, 2008 11:59 am:
Thank You Nebraska "
Husker in VA wrote on February 22, 2008 12:06 pm:
LD wrote on February 22, 2008 12:07 pm:
"
Ryan wrote on February 22, 2008 12:12 pm:
Bob wrote on February 22, 2008 12:16 pm:
Alan wrote on February 22, 2008 12:17 pm:
Neighbor wrote on February 22, 2008 12:26 pm:
Disappointed wrote on February 22, 2008 12:28 pm:
mitchy_v wrote on February 22, 2008 12:37 pm:
ok wrote on February 22, 2008 12:40 pm:
mitchy_v wrote on February 22, 2008 12:46 pm:
Oh, That's Brilliant wrote on February 22, 2008 12:47 pm:
I don't smoke, nor do I like it when people smoke around me---but all the nonsense about a "level playing field" and "support your local business" is just ignoring the real issue, which is that we now have a state government that has now told its constituents that they can't do something that is completely legal, just because the government says so.
What a great idea! Lets just start having the government make all of our decisions for us! "
Rob wrote on February 22, 2008 12:50 pm:
"
Yup wrote on February 22, 2008 12:59 pm:
Randi wrote on February 22, 2008 1:00 pm:
economic rights wrote on February 22, 2008 1:07 pm:
pac wrote on February 22, 2008 1:09 pm:
Joey wrote on February 22, 2008 1:10 pm:
I do agree that the tobacco tax should go down if this gets passed as it takes away from you "smokers" that want to smoke in public places.
Let's hope this passes "
Socialist Sam wrote on February 22, 2008 1:19 pm:
We have managed to ban a legal substance from being used in private establishments that no one is required to enter. This is indeed a glorious day!!!!
I only hope when the next legal activity that some or all of you enjoy is taken away you will meet it with such joy. I don't like to stand and marinate in smoky places either, but quess what? I don't have to go to those places. Its a little thing that is called 'free choice', maybe some of you have heard of it once.
I wonder though, if smoking is so bad we must ban its use from private property state wide, why don't we just ban its sale entirely from the state?? "
I'm with Bob wrote on February 22, 2008 1:20 pm:
The smokers may have lost their "freedom," wrote on February 22, 2008 1:22 pm:
Chip wrote on February 22, 2008 1:25 pm:
BYOB wrote on February 22, 2008 1:27 pm:
This is not a level playing field, Lincoln chose the ban and now can't live with it because the small cities outside of Lincoln have all their business, please don't stuff it down the throats of out of Lincoln business'. I saw fist hand what it did to California liquor establishments, you'll lose revenue and jobs in a way you never thought possible. Sen. Joel Johnson is not doing this state any favors and is only following a personal agenda. Don't let anyone fool you, this bill was drafted in the city of Lincoln for the city of Lincoln and Joel Johnson is just an unsuspecting pawn, say no, put it on the ballot and see what the people have to say about it. "
More exaggeration wrote on February 22, 2008 1:29 pm:
In Favor wrote on February 22, 2008 1:30 pm:
new to Lincoln wrote on February 22, 2008 1:30 pm:
In Favor wrote on February 22, 2008 1:32 pm:
smoker wrote on February 22, 2008 1:35 pm:
The govener should NOT sign this! "
no different... wrote on February 22, 2008 1:35 pm:
THANKFULLY! wrote on February 22, 2008 1:38 pm:
Riley wrote on February 22, 2008 1:40 pm:
db wrote on February 22, 2008 1:42 pm:
Foxy Loxy wrote on February 22, 2008 1:43 pm:
Guru wrote on February 22, 2008 1:47 pm:
Way to go, voters wrote on February 22, 2008 1:49 pm:
I don't care about smoking outside- I smoke outside all of the time anyway. What I DO care about is our legislature making this decision FOR us. But what do you expect, Nebraska. Keep voting Republican (or worse, not vote at ALL), and you'll keep dealing with a government that'll make any decision it can for you. "
Legal activity? wrote on February 22, 2008 1:50 pm:
Interested wrote on February 22, 2008 1:52 pm:
mitchy_v wrote on February 22, 2008 1:53 pm:
Enough Said... wrote on February 22, 2008 1:53 pm:
-> The average level of fine particle indoor air pollution was 96% lower in Lincoln, where all venues are smoke-free, compared to Omaha, where smoking is allowed.
-> Employees in Omaha establishments permitting indoor smoking are exposed to levels of air pollution 5.6 times higher than 24-hour fine particle standard established by the U.S. Environmental Protection Agency.
Oh, and for the outdoor car exhaust is worse argument... Omaha's smoking establishments had an indoor air pollution level of 365, Lincoln's non-smoking establishments had a level of 17, and the average outdoor air pollution level was at 9. "
Petey wrote on February 22, 2008 1:54 pm:
Socialist Nation? wrote on February 22, 2008 1:59 pm:
"A general term for the political and economic theory that advocates a system of collective or government ownership and management of the means of production and distribution of goods."
For some reason I didn't read that this law was a state take-over of the ownership and management of the means of production and distribution of tobacco products. It just dictates where they can be used.
Also, if this is striping you of your "Freedom", why is the ACLU not on your side?
"The ACLU does not oppose smoking bans in public buildings, in the workplace, or in other locations where non-smokers may be subjected to second-hand smoke." "
LOL wrote on February 22, 2008 2:00 pm:
Seriously? wrote on February 22, 2008 2:05 pm:
El wrote on February 22, 2008 2:06 pm:
And one more thing: when this smoking ban helps people kick the smoking habit (and there will be some who will stop), who do you think is going to have to make up for the shortfall from the cigarette taxes? Yep, all you non-smokers who are, at this minute, doing your happy dance. "
Cyndee wrote on February 22, 2008 2:08 pm:
Nebraskan wrote on February 22, 2008 2:16 pm:
Re: Riley wrote on February 22, 2008 2:21 pm:
Chip wrote on February 22, 2008 2:29 pm:
Realist wrote on February 22, 2008 2:32 pm:
Does this ban mean that you smokers are going to some how miraculously quit smoking? No way! We all know you smokers are going to continue to kill yourselves. Because of the ban, you don't think you should have to pay for your nasty habit anymore? LAUGHABLE! You don't want to pay taxes on tobacco... QUIT SMOKING! Duh. "
DR wrote on February 22, 2008 2:37 pm:
Yes, yes, yes!!! wrote on February 22, 2008 2:40 pm:
Huh wrote on February 22, 2008 2:41 pm:
YES!! wrote on February 22, 2008 2:42 pm:
Paul Pocock wrote on February 22, 2008 2:46 pm:
Todd wrote on February 22, 2008 2:51 pm:
Lincoln Neo-Con wrote on February 22, 2008 2:54 pm:
Thank You NE
Now just Sign it!!!! "
Jan wrote on February 22, 2008 2:55 pm:
marc wrote on February 22, 2008 3:08 pm:
Hey, wrote on February 22, 2008 3:15 pm:
"
Dano wrote on February 22, 2008 3:17 pm:
NoMoreTax wrote on February 22, 2008 3:17 pm:
nice wrote on February 22, 2008 3:23 pm:
Thor wrote on February 22, 2008 3:37 pm:
NE in SC wrote on February 22, 2008 3:38 pm:
huskerman1978 wrote on February 22, 2008 3:42 pm:
Nineteen Eighty-Four wrote on February 22, 2008 3:43 pm:
Ban Fast Food; it's not healthy! For those of you who are going to the bars to celebrate, enjoy it, the interest groups are after alcohol too. Not healthy.
Banning a legal substance from being used in a private business is the power of groupthink over individual rights. For all the talk about it's harm I've yet to see a scientific study that's proved second hand smoke has caused cancer. Rejoice in your loss of choice. Celebrate your lost freedom. What's next Senator Johnson? "
Idea wrote on February 22, 2008 3:53 pm:
That way we would have no arguement over the right of people to smoke in bars or be forced to go outside. "
Mandy wrote on February 22, 2008 3:54 pm:
Kitsch wrote on February 22, 2008 3:55 pm:
OmahaDave wrote on February 22, 2008 4:00 pm:
chad wrote on February 22, 2008 4:04 pm:
Bubba wrote on February 22, 2008 4:10 pm:
I agree wrote on February 22, 2008 4:18 pm:
Left Lane wrote on February 22, 2008 4:19 pm:
Finally! wrote on February 22, 2008 4:23 pm:
MAD wrote on February 22, 2008 4:38 pm:
Linda wrote on February 22, 2008 4:38 pm:
Now, my family will enjoy and spend money in businesses that I would never go to before, including clothing stores where employees smoke and stink up the products. We will spend more on entertainment as well.
Interesting, the smokers who are anti smoking bans think they are the ONLY ones who spend or don't spend money? Think again, and wake up!
Oh, and for those who think we can't have your tax money off of your cigs if you can't smoke in public businesses....so you are saying you are going to quit smoking and won't be buying the cigs any longer??? Congragulations on a healthy decision for you and your loved ones!
Way to go Nebraska! "
Abl2brthdeep wrote on February 22, 2008 4:40 pm:
GramMar wrote on February 22, 2008 4:54 pm:
LincolnMom wrote on February 22, 2008 4:58 pm:
ryan wrote on February 22, 2008 5:01 pm:
WHOO HOO!!! wrote on February 22, 2008 5:02 pm:
ph wrote on February 22, 2008 5:34 pm:
Boomer wrote on February 22, 2008 5:39 pm:
mom wrote on February 22, 2008 5:40 pm:
upinsmoke wrote on February 22, 2008 6:02 pm:
Former Smoker wrote on February 22, 2008 6:05 pm:
Beef Itswhatsfordinner wrote on February 22, 2008 6:15 pm:
You fish eating people look out. You're next. Mercury in fish. Why should I pay for you eating thermometers and the resulting health risk?
Am I serious? Gee, it sure sounds crazy, doesn't it? Or maybe a different take on the smoking issue...after all one man's meat is another man's Marlboro..... "
retiredtaxpayer wrote on February 22, 2008 6:23 pm:
Sarah wrote on February 22, 2008 6:46 pm:
Still Confused wrote on February 22, 2008 7:56 pm: