The General Assembly is moving forward with plans to enact a state wide smoking ban. But, in the process, it is likely to weaken the ban already in place in Philadelphia.
And, even worse, it is likely that the General Assembly will prohibit Philadelphia and other cities and towns from making laws more stringent than the new state law. So, once again, teh state will override the right of Philadelphians to make laws that concern only ourselves. .
The Senate passed smoking ban legislation a week and a half ago. It bans smoking in many public places but it exempts 25 percent of the space in casinos and private clubs. And it also allows smoking in businesses in which less than 20 percent of revenues come from food sales, which will allow smoking in many bars.
What’s worse, the bill prohibits municipalities from enacting smoking laws that are tougher than the state law.
Representative Mike Gerber is sponsoring a bill in the House that is much better. It prohibits smoking in most work places, including bars, restaurants and in 75 percent of the rooms in a hotel.
However, Representative Todd Eachus has proposed amendments to the Gerber bill that dramatically weaken it. His bill exempts the gaming floors of casinos, bingo halls, VFWs, and private clubs. It, like the Senate Bill, allows smoking in bars where less than 20 percent of gross revenues come from food sales.
And it, too, would prohibit Philadelphia and other cities from enacting a smoking ban that is stricter than the state’s.
I have sometimes thought that our smoking ban is a bit too restrictive. It is possible to have some exemptions for small bars would allow people who like to smoke while drinking to do so, while at the same time also giving those who work in bars plenty of places to work that are smoke free.
But the exemptions in the Senate bill and the Eachus amendments go too far. And, more importantly, there is no reason for the state to, once again, override legislation enacted in Philadelphia.
The smoking ban is up for consideration in the house today. Contact your state legislators now and urge them to vote against any smoking ban that overrides Philadelphia. That is a principle worth fighting for.
You can find contact information for state legislators in Southeast Pennsylvania at www.stier.net/politics/legislators.htm. If you don’t know who your state legislator is, go to http://www.legis.state.pa.us/cfdocs/legis/home/find.cfm