Heineman signs smoking ban
Gov. Dave Heineman on Tuesday signed into a law a statewide smoking ban that will go into effect in June 2009, outlawing smoking in bars, restaurants and most other workplaces.
“Some of our customers aren’t going to be very happy,” said Eliza Lee, who works at one of the only restaurants in Ainsworth that allows smoking, The Depot.
But in the end, public health concerns trumped those of business owners who have said they have the right to let patrons partake in a legal activity.
“In weighing the merits of this bill, I took into account the valid concerns about local control and the rights of business owners, as well as the health concerns and the rights of the public to clean indoor air,” Heineman said in a statement. “The public health concern is a critical one, and that is why I signed” the law.
Under the new law, cities and counties won’t be able to opt out of the ban. It will apply to smoking in all workplaces in the state except for retail tobacco shops and places where smoking research is done.
Hotel rooms are also exempted.
Twenty-one other states have similar bans, according to the American Lung Association.
Lawmakers and public health advocates had pushed for a statewide smoking ban for several years and failed. But opponents of a ban came to believe that if the Legislature didn’t impose one, citizen groups would through the initiative process.
Believing a law would eventually be passed, lawmakers who opposed a ban tried for a state law that would let voters in cities and counties across the state opt out of a ban. Sen. Joel Johnson of Kearney and other supporters of a strict, statewide ban, however, convinced some lawmakers that an opt-out clause would lead to a messy patchwork of smoking rules that would actually harm businesses.
After Heineman signed the bill, Johnson, proclaimed it a landmark law in the public health arena.
“This is perhaps the most significant thing we could do to increase the quality of health of all Nebraskans,” Johnson, a retired surgeon, said after Heineman signed it into law.
“I didn’t know if he was going to sign it and obviously you get real nervous,” Johnson added.
Heineman’s decision was lauded by what may seem like an unlikely supporter — Nebraska Restaurant Association. It has opposed previous proposals for statewide smoking bans.
But the group decided to support the law because of growing evidence that secondhand smoke is dangerous, the fact many restaurants have already banned smoking, and the group wanted a uniform state law, said executive director Jim Partington.
He said none of the 700 or so restaurants that belong to the association across the state have complained about the pro-ban position.
“Lots of restaurants went nonsmoking years ago and with the bans in Lincoln and Omaha, if you don’t do something you’ve got a patchwork of different standards across the state...and businesses don’t have a level playing field. It’s absolutely ridiculous.”
Had Heineman vetoed the ban, it may still have been approved. Thirty-four of the Legislature’s 49 senators voted for the ban last week. It takes 30 votes to override a veto.
To the regular smokers who make their way into The Depot at 6:30 a.m. most days, the new ban may be a sign they are no longer shielded from the public health initiatives popular with city types.
“They’re just saying how bad it’s going to suck that it finally hit the small towns,” Lee said.
“Some of our customers aren’t going to be very happy,” said Eliza Lee, who works at one of the only restaurants in Ainsworth that allows smoking, The Depot.
But in the end, public health concerns trumped those of business owners who have said they have the right to let patrons partake in a legal activity.
“In weighing the merits of this bill, I took into account the valid concerns about local control and the rights of business owners, as well as the health concerns and the rights of the public to clean indoor air,” Heineman said in a statement. “The public health concern is a critical one, and that is why I signed” the law.
Under the new law, cities and counties won’t be able to opt out of the ban. It will apply to smoking in all workplaces in the state except for retail tobacco shops and places where smoking research is done.
Hotel rooms are also exempted.
Twenty-one other states have similar bans, according to the American Lung Association.
Lawmakers and public health advocates had pushed for a statewide smoking ban for several years and failed. But opponents of a ban came to believe that if the Legislature didn’t impose one, citizen groups would through the initiative process.
Believing a law would eventually be passed, lawmakers who opposed a ban tried for a state law that would let voters in cities and counties across the state opt out of a ban. Sen. Joel Johnson of Kearney and other supporters of a strict, statewide ban, however, convinced some lawmakers that an opt-out clause would lead to a messy patchwork of smoking rules that would actually harm businesses.
After Heineman signed the bill, Johnson, proclaimed it a landmark law in the public health arena.
“This is perhaps the most significant thing we could do to increase the quality of health of all Nebraskans,” Johnson, a retired surgeon, said after Heineman signed it into law.
“I didn’t know if he was going to sign it and obviously you get real nervous,” Johnson added.
Heineman’s decision was lauded by what may seem like an unlikely supporter — Nebraska Restaurant Association. It has opposed previous proposals for statewide smoking bans.
But the group decided to support the law because of growing evidence that secondhand smoke is dangerous, the fact many restaurants have already banned smoking, and the group wanted a uniform state law, said executive director Jim Partington.
He said none of the 700 or so restaurants that belong to the association across the state have complained about the pro-ban position.
“Lots of restaurants went nonsmoking years ago and with the bans in Lincoln and Omaha, if you don’t do something you’ve got a patchwork of different standards across the state...and businesses don’t have a level playing field. It’s absolutely ridiculous.”
Had Heineman vetoed the ban, it may still have been approved. Thirty-four of the Legislature’s 49 senators voted for the ban last week. It takes 30 votes to override a veto.
To the regular smokers who make their way into The Depot at 6:30 a.m. most days, the new ban may be a sign they are no longer shielded from the public health initiatives popular with city types.
“They’re just saying how bad it’s going to suck that it finally hit the small towns,” Lee said.
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