VT House Approves Ban on Smoking in Bars [04/07-3]

Excerpts from: After emotional debate, House approves ban on smoking in bars

By ROSS SNEYD Associated Press [04/06/05]

After a long afternoon of debating whether smoking should be banned in the state's bars and private clubs, Rep. William Aswad rose Tuesday and told his colleagues how his wife had died six years, three months and 14 days earlier.

The cause of death listed by the doctor was simply cigarettes. "I stand before this body in strong support of this bill," Aswad, D-Burlington, said. "I respectfully ask this body to do likewise."

But, demonstrating how the bill divided the House, largely along partisan lines, Rep. Linda Myers rose and told how her own husband -- Martin, whom she replaced in the House -- had died three years, eight months and five days before from cancer.

"He would have been appalled at this infringement of individual rights and the rights of our towns to choose their own path," said Myers, R-Essex.

Ultimately, the bill won preliminary approval on an 81-48 vote, despite a series of parliamentary maneuvers by Republicans designed to derail the bill. The bill still must be considered by the Senate.

It was designed to end an exception in the state law banning smoking in most public places that allowed smoking in bars that get most of their revenues from the sale of liquor.

Private clubs, including such places as American Legion and Veterans of Foreign Wars posts, also have been exempt. And that's what caused the strong and vocal opposition.

Supporters of the bill, though, argued that the bill was a health issue protecting patrons of establishments that currently allow smoking and those who work in them.

"My smoke from my cigarette should not be going into your lungs," said Rep. Francis Brooks, D-Montpelier. "It is not a case of taking rights away from someone who once fought for this country."

An amendment was proposed that would have banned smoking in all commercial bars but would have allowed it in private clubs where the membership voted annually to allow it. That failed by an 83-53 roll-call vote.

A number of towns around the state, particularly in Chittenden County, have adopted similar bans and many of them have faced the same issue and have the same kinds of debates about whether private social clubs should be included.

Opponents of smoking decided it would make better policy to make the ban statewide.

"I think the clubs will prevail and in many ways be better for it," said Rep. Ann Seibert, D-Norwich. "I think this is the sort of thing that may bring more people into the clubs."

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