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Action on Smoking and Health
A National Legal-Action Antismoking Organization Entirely Supported by Tax-Deductible Contributions
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MT Becomes 8th State to Go Smokefree [04/19-1]
Excerpts from: Smoke ban signed
By JOHN HARRINGTON Independent Record [04/19/05]
Most Montana workplaces will be free of tobacco smoke starting Oct. 1, after Gov. Brian Schweitzer on Tuesday signed a bill calling for clean air in every place open to the public except bars and casinos.
Gambling establishments have until 2009 to comply with the law, which was the result of a compromise between tavern and gaming interests and several regional and national health groups.
Surrounded by visiting students from Blue Sky High School in Rudyard, Schweitzer called the bill "one of the most important pieces of legislation in a decade" and praised the efforts of both sides in reaching a compromise.
"For the anti-smoking coalition to get the tavern owners to agree to this common-sense, common-ground solution means a great deal," Schweitzer said.
The bill was sponsored by Rep. Tim Dowell, D-Kalispell. It originally banned smoking in all workplaces starting this fall, but when that version died in committee, talks began with other legislators and industry groups on crafting a compromise.
"By the time you're able to go into a bar and legally order a drink, you will be breathing fresh air," Dowell told the students.
Helena doctor Richard Sargent, a longtime supporter of smoke-free workplaces, said the bill required the backing of lawmakers from both sides of the aisle to succeed. He particularly praised Rep. John Ward, R-Helena, a rookie legislator who fought for the law.
"Without all of these people working very hard, we wouldn't be here today," he said.
Ward, who said his father died of tobacco-related illness and who calls himself a tobacco addict who hasn't taken a dip in 20 years, said he recognizes that the bill takes away what some people view as private property rights, but that he feels the health risk of tobacco smoke is too great to ignore.
Sargent said the bill's passage is reverberating far beyond the state's borders.
"Last week I was in Nebraska, and they're still trying to get their jaws off the ground after hearing that Montana went smoke-free," he said.
Bronson Frick, associate director of Americans for Nonsmokers' Rights in Berkeley, Calif., said Montana is among several states that are considering smoke-free laws this spring, including Georgia and North Dakota.
"Montana has been a leader in public tobacco issues for a number of years now, with the activity in Helena and the heart attack study that came out of Helena," he said.
Not everyone is happy with the compromise. While the bill had the support of the American Heart Association and the American Lung Association, the American Cancer Society didn't lend its backing, because the bill prevents cities from enacting stronger laws during the four-year sunset period for casinos.
Frick said that clause gave his group pause as well.
"We are concerned about that provision because the tobacco companies prefer to fight at the state level and we believe local communities should be allowed to make their own choices," he said.
Dowell, a term-limited lawmaker, said seeing the bill signed culminated one of his most satisfying accomplishments in five sessions in Helena.
"This is gratifying, to be able to to tackle this as a citizen — I'm a school teacher from Kalispell," he said.
"(Legislators) get a lot of grief, but if you're willing to work together, to compromise, to work very, very hard in what you believe in, you can get things done."
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