Statewide smoking
ban heats up

By Tom Waring
Times Staff Writer

The Pennsylvania Senate last week approved a measure that would restrict smoking across the state but would actually weaken the existing law in Philadelphia.
However, the bill is far from becoming law.
The House of Representatives does not seem eager to back similar language, and Gov. Ed Rendell has threatened a veto, claiming that it would exempt private day-care facilities that care for three or fewer children. Twenty-seven states have some form of a smoking ban.
The Senate vote was 33-17. Joining the majority were Sens. Tina Tartaglione (D-2nd dist.), Shirley Kitchen (D-3rd dist.) and Mike Stack (D-5th dist.).
The bill would ban smoking in public places, with exemptions for casinos, nursing homes, mental hospitals, veterans halls, fraternal lodges, firehouses, bars that derive 20 percent or less of their income from food and other places. The three local senators backed the exemptions, which would replace the strict smoking rules approved by Philadelphia City Council.
The House legislation would have fewer exemptions. It was not expected to debate the issue until the legislature and Rendell make progress on budget negotiations.
Sen. Chuck McIlhinney, a Bucks County Republican, said the exemptions were necessary to win enough votes for approval.
Democratic mayoral nominee Michael Nutter, who championed the smoking ban when he was a member of City Council, said bluntly that more people will die under a ban filled with exemptions.
Nutter is particularly taken aback by the possibility that the city ban could be weakened.
"Municipalities should have higher standards, if they choose," he said.
Kitchen said she was not enthusiastic in voting to approve the watered-down ban, but is hopeful that the exemption for some bars will bring benefit to neighborhoods. She explained that many small bars are located on the corners of residential blocks, and an outright ban could lead to customers leaving empty glasses or beer bottles on the street when they go outside to smoke.
"The people are not going to leave their drink on the bar to come outside," she said.
Stack called the passage of a bill that prohibits smoking in 30 public places "highly significant," adding that it will "protect the health of Pennsylvanians." He said he would continue to work for common-sense public health solutions without hurting small businesses such as cigar bars and tobacco shops.
"Senate Bill 246 is not perfect, but it is a step in the right direction," he said. ••
Reporter Tom Waring can be reached at 215-354-3034 or twaring@phillynews.com