Smoking Ban Being Held Up

25 05 2008

Well, just like I predicted, the smoking ban is being held up in the house because the Senate version makes no exceptions for casino’s or cigar shops.  Cigar shops I’m on board with, but not enough to hold it up.  Casino’s shouldn’t be protected just because lawmakers are afraid the Detroit casino’s will be hurt.

The Lansing State-Jounral had an article yesterday that desciribes Speak of the House Leader Andy Dillon as sympathetic to the casino’s.  Dillon plans to call a vote on the ban, but he plans to add the exemptions back into the bill which means it would have to go back to the Senate for another vote

“We’ll see if the Senate would like to negotiate,” Dillon spokesman Greg Bird said.

The approach is not sitting well with Senate Majority Leader Mike Bishop, R-Rochester. “If the people of Michigan want a ban on smoking, it needs to be across the board,” Bishop spokesman Matt Marsden said.

I’m totally in agreement with Bishop’s camp here.  Call the freakin bill as is.  Give it a year and see just how it works.  You can’t pick and chose which businesses are exempt.  If you’re going to exempt casinos, then you really should exempt taverns (bars that don’t serve food).  I mean, they’re both adult oriented businesses, right? 

This is stupid.  Mr. Dillon, call the bill as is and let the legislature decide.





Tuesday Smoking Ban Update

20 05 2008

Well, it’s Tuesday and the House is back in session.  HB 4163 is on the calendar, but as a commentor pointed out over the weekend, it’s not likely to be called.  The sticking point?  Casinos.  The Senate version did not make an exception for casinos.  The House version did.  The House now has to pass the Senate’s version and from all accounts I’ve seen, that’s not probable right now.  The legislators are worried that Indian casinos woudn’t enforce the ban and being soverign grounds, Michigan laws do not affect them.  Everyone’s worried about the Detroit casinos.  It’s definately an economic concern, but, in my opinion, not enough of one to delay a smoking ban. 

The thing I keep reading over and over and even in the comment section of this blog is how can you ban something that is legal.  You ever hear of dry counties or adult use bans?  The Detroit Free Press had an editorial this morning that compares the smoking ban to another law that was passed in the interest of public safety.

This would hardly be the first government action taken in the name of public health and safety. Did you buckle up today?

And for those who say that bar, restaurant or casino employees who worry about secondhand smoke ought to find another job, well, such folks probably haven’t been looking for work lately in Michigan’s current economy.

Both great points.  I know how hard it is to find a job right now.  I’ve been told by more than one potential employer that they would like to hire me, but don’t have the money to do so.  I’m lucky I’ve got a side job that pays better than my full time job used to.

The Traverse City Record-Eagle points out, this whole debate lies in the hands of Detroit.

Detroit and Detroit-area Democrats are not about to support a ban that doesn’t take care of the casinos, bingo halls and others; without their support a ban goes nowhere. For solid strategic reasons Senate Republicans aren’t going to exempt anybody.

That means a stalemate as well as a great talking point for the Republicans. If you want to ban smoking from bars, restaurants and all other businesses to protect workers from second-hand smoke — the major anti-smoking argument — then you ban it for all workers, including those unlucky enough to work in a Detroit casino.

I know I keep mentioning this, but I have plenty of experience with this exact same scenario in my old homestate.  I always wanted to run for Governor just to start a succession from the City of Chicago.  It sucks that one corner of the state has all the power to set the agenda for the rest of the state.  This whole thing is being held up by one part of the state. 

I’ll keep following the debate, but it’s looking less and less likely that we’re going to see something quickly.  The Senate passed it back to the House so the House looks like the bad guys.  It must be an election year or something…..





Thursday Smoking Ban Thread

15 05 2008

The House is schedule to convene at noon.  I’m not sure how much of it I’m going to be able to watch.  I need to head to Champaign, IL today for some weekend work at the University of Illinois.  I’ll be adding reviews of the restaurnts in Champaign and on the way there if I stop for some reason.  I do a lot of work in Big Ten towns, so I’m thinking I’ll do some travel reviews for those of you who follow MSU.  While I’m gone, remember to check my Lansing area food reveiws.   I’ll just keep this thread going today to update on HB 4163 if it gets called. 

UPDATE – 11:08 PM – Sorry that I didn’t get a chance to update earlier. I’m now in the Land of Lincoln where I’ve been doing some catching up with friends and family before heading to Champaign.  I’m looking at the HB 4163 on the Legislature’s website and it looks like the bill was NOT called today.  Funny cause while I was watching the live feed, they mentioned a few Detroit TV stations were there…bet they were disappointed.  The House doesn’t meet again until next Tuesday so there will be no movement until at least then.





Smoking Ban Opponents Using Non-Relevant Study

14 05 2008

I just recieved an e-mail on behalf of the Michigan Licensed Beverage Association claiming to be “the other side of the story.”  In the e-mail, they link to a study done by Michael Pakko who is a research officer with the Federal Reserve Bank of St. Louis.  The study, which was conducted in Columbia, MO, reached the conclusion that the ban hurts businesses.

Here’s the problem with the study.  Missouri doesn’t have a statewide smoking ban.  Columbia banned smoking on their own so you can literally drive a mile and be outside of city limits and be able to smoke.   I have no doubt that a smoking ban in one community hurts business, but you can’t compare that situation to banning smoking in an entire state.

I have sent an e-mail to Mr. Pakko asking if he’s done research on how statewide bans effect business…St. Louis is right on the Illinois border (which has a smoking ban).  Research like that would have more effect on Michigan than one done in a a single community.

Here’s a link to Mr. Pakko’s research.  This is a sad attempt at throwing sh*t against the wall to see if it sticks.

UPDATE 5:48 PM – I recieved an e-mail response from Mr. Pakko.  In it, he said he personally has not conducted a study on a statewide ban, but referred me to another study done by Scott Adams and Chad Cotti.  You can find that study HERE.

Mr. Pakko feels that the four months the ban has been in effect in Illinois is not sufficient enough time to actually study the effects.  He does mention that casino’s in the state have suffered large losses.  I would counter that by saying most of the casinos are on the Mississippi River (East St. Louis, Quincy, Quad Cities to name a few).  They all bordered states that up until recently did not ban smoking (Iowa just banned it).  The Joliet casinos are close enough to Indiana to which doesn’t have a smoking ban.  The Peoria casino is the only one off hand that I can think of that wouldn’t be effected by competition in a non-smoking state. 

Mr. Pakko also makes the argument that his study proves there is a demand for smoking venues. 

“While it is true that residents of Columbia have the option of leaving the city limits, the observation that they might be doing so is evidence that a market demand does exist for bars and restaurants that allow smoking.  Given that such demand exists, any prohibition (statewide or local) is likely to have an impact on business patterns. “

I have no hard proof of what I’m going to say next….just life experience.  To most people, smoking is the lesser of two vices.  It’s the alcohol that people go to the bars for.  The smoking is an added bonus.  If you can’t conviently go to a place that allows smoking, you’ll make the sacrafice and go outside.  I just don’t see banning smoking killing a well run business.

He also mentions non-compliance in Illinois.  I can’t argue that point as, again, I do know that from experience.  The problem is not in the ban itself or even local enforcement.  Illinois government is more disfunctional than you could ever imagine.  The legislature passed the bill.  The governor signed the bill.  The bill then goes to JCAR (Joint Committee on Administrative Rules) to write the specifics of the bill (ie. how it’s enforced, who enforces, etc).  The bill has been stuck there since January.  Now the legislators on JCAR are using it for political leverage.  Until there are rules, State’s Attorney’s can’t prosecute the case because they don’t know if they should prosecute as a ordinance violation or a misdeamonr or what.  Many police chiefs around the state have said, in public, that they will not write a smoking violation ticket unless bars are flagrantly taunting them to do so.  When you call the PD in Peoria, they refer you to the state’s 1-800 number set up to deal with smoking violations.  When you call, you get an answering machine so don’t expect a prompt response.

I appreciate Mr. Pakko promptly replying to my e-mails, but it still hasn’t changed my opinion.  I’ve lived in a state that has banned smoking and while economic impact may be unclear, I can tell you with 100% accuracy that it has improved the dining and nightlife experience.





Liveblogging – HB 4163 5/14

14 05 2008

HB 4163 wasn’t on the schedule for today, but I’ve got the webcast of today’s session on.  I’m about a half hour late because I went to lunch with my girlfriend (so that means there’s a review coming later today).  If there are any updates, I’ll update this post.

2:17 PM – Both parties are in caucus meetings now.  They’ve passed a few bills this morning, but not the one we’re waiting on.

3:07 PM  – The House has been called back to order and they’re starting business again.

3:11 PM – The House is At Ease again.

3:18 PM – Back to order

3:29 PM  – Stupid me…how about checking the bill status.  I just checked on the status HERE.  The bill has been returned from the Senate but under House rules, the bill will be layed over for one day which means they won’t vote on it until at least tomorrow.  No need to continue live blogging 😉

3:35 PM – The House has adjourned for the day.  They will reconvene at noon tomorrow and that will be the first chance they have to pass the smoking ban.





Smoke Free Rally at the Capitol

13 05 2008

Today (Tuesday) was a huge day for hits on this site.  Almost all of them came for info on the smoking ban.  I ain’t stupid…if that’s what your coming for, then that’s what I’ll give, but while you’re here, be sure to check out the reviews and be sure to give me your opinions on places and suggestions on where to eat next….oh yeah, and don’t forget to bookmark the page 😉

Now,  back to the business at hand.  While I was sitting at home waiting for our new kitchen table to be delivered, the American Cancer Socity held a rally at the Capitol.

Meanwhile the American Cancer Society spent the day on the Capitol lawn reminding lawmakers that they can make a difference in the fight.
Smoking,  lung cancer, and heart dissease are just a few of the battles in that war.

“Many states have successfully passed this legislation and it hasn’t hurt business and I’m encouraged we’ll move forward as well” said Rep. Rick Shaffer (R-Three Rivers).

Miss Shoreline 2008 Stephanie Marion added, “I actually think it will bring more business into resteraunts and bars because it will bring those people that don’t like the smoking environment into those facilities and it will raise profits.”

WILX has a report on their website about the ban as well.  They shed some light on why the ban wasn’t voted on today as expected.

“We will have and opportunity to concur our not concur with what the Senate has done as soon as they send it to us and we receive the bill from the secretary, we can do that,” said Andrew Meisner (D) Hazel Park.

So that’s why ther was no vote today.  Again, the bill is not listed on tomorrow’s calendar, so it must not have been transmited to the house as of the end of the day today.  I’ll try to watch the House session again tomorrow and live blog it just in case 🙂





Liveblogging – HB 4163

13 05 2008

MGTV is airing the first half hour of today’s House of Representatives session live.  I’m going to try and live blog the proceedings if they bring up HB 4163.  There is also a feed on the House of Representatives Website, so if it goes past 2:00, I’ll try to watch the webcast as well.

 1:30 PM – The video feed is up, but the chambers still look pretty empty.  The session was gaveled to order. 

1:34 PM – Now members are starting to slowly file in for roll call.

1:51 PM – Still waiting on a quorom.  Rules were just suspended for Rep. Rick Shaffer to introduce representatives from American Cancer Society who are in the chamber.  Pretty much the entire gallery is filled with ACS folks

 1:58 PM – Both parties have called members to caucus, so we may be waiting awhile.

2:40 PM – It looks like the Republicans are filing back into the chamber. 

3:30 PM – Still waiting on the Democrats.  All that’s happened in the last hour is a few recognitions of school groups in attendance.

3:31 PM – Speak of the devil.  It looks like the Dems are filing back in.

3:40 PM – The House has been called back to order.  They’re starting with some resolutions.  I keep losing my connection to House TV….but I’ll do my best to keep updating on the days proceedings concerning HB 4163

4:21 PM – I think they ajourned for the day without calling the bill.  The message on the voting board says “At Ease Call of the Chair” 

4:56 – The House looks like it’s reconvening, but they’re introducing bills for first reading.  I don’t know a whole lot about the process here, but I have a feeling HB 4163 won’t be called today.  I’ll keep an ear open so keep checking back just in case I’m wrong.

4:58 – It’s official.  The House is now adjourned.  They will reconviene tomorrow at 1:30.  I’ll try this again then.





Michigan Restaurant Association Responds to HB 4163

9 05 2008

To try and stay fair on this issue, I contacted the Michigan Restaurant Association for their opinion on yesterday’s passage of HB 4163.  Vice President of Public Affairs Andy Delony gave me this statement.

The MRA continues to oppose legislation which would take away the ability for restaurant and tavern operators to decide for themselves the kinds of dining environments they may offer to their guests.  We were surprised and disappointed with the activity of the state Senate on Thursday.





Smoking Ban Reactions

9 05 2008

I’ve gathered some reaction from Senators on the smoking ban vote yesterday.  Most of them are in favor…having a hard time getting quotes from those who voted against.  Again, if I get them, I’ll update this post…

Senate Democratic Leader Mark Schauer (D-Battle Creek):

“Creating smokefree workplaces in Michigan may be the most important public health issue we address this year. It will help protect workers and families from harmful secondhand smoke and reduce long-term health care costs to the state and to businesses. Research has also shown that in other places that have gone smoke free the economy does not suffer as some have argued. I hope this legislation moves forward swiftly and the Governor has the opportunity to sign it into law as soon as possible.”

Sen. Ray Basham (D-Taylor)

“I have been advocating for the health and well-being of Michigan families for more than ten years, and this is a major victory today in ensuring they have a safe, smokefree environment to dine, work and play,” said Sen. Basham. “This is one of the biggest health concerns of our generation and a massive burden to state and commercial healthcare resources, and I urge my colleagues in the House to continue their support and act quickly to protect the people of Michigan.”

Senator Glenn S. Anderson (D-Westland)

“This is one of the most important issues we will debate this year, in terms of protecting public health and reducing preventable smoking-related illnesses here in Michigan,” said Sen. Anderson. “Workers in service industries shouldn’t be forced to choose between their health and their job.”

Sen. Hansen Clarke (D-Detroit)

“I first decided to support this legislation after hearing about a woman in her 20’s who never smoked, but died of lung cancer because she lived with her father, who was a smoker,” said Sen. Clarke. “We need to protect non-smokers from second-hand smoke, which numerous studies have linked to cancer, asthma, emphysema and other diseases.”

Sen. Ron Jelinek (R-Three Oaks)

“Michigan residents have been asking for this and it is time we acted to protect the health of everyone, including business patrons and employees. I am pleased to tell the residents of the 21st Senate District that very soon they will be able to enjoy a meal out with their families and not be subjected to the dangers of secondhand smoke.”

Sen. Alan Cropsey (R -Dewitt ) from Senate Floor Debate

I have the largest Indian casino or Native American casino in the state of Michigan in my district, and what’s going to happen? Just recently, I had a restaurant that had been a local landmark in Mount Pleasant. It’s been a landmark there for 50 years and has closed down, for whatever reason. Competition is tough in the restaurant business. What we are going to be doing by telling folks that, you know, all the restaurants and bars in Isabella County are going to be going smoke-free. However, the one at the Native American casino is not going to be regulated at all by the state. So guess where all the smokers are going to go when they want a nice meal or when they want a drink? They are going to go to the Native America casino. Now what is that going to do?

We are sending a currently tax-paying citizen of the state of Michigan and telling them, “You go to the casino where no taxes are being paid—no sales tax.” No property tax, no taxes are being paid-and we are going to be telling all the other restaurants in Mount Pleasant, “Sorry, you’re at a competitive disadvantage,” and more of them will go out of business. And what will happen then? Property values become depressed. Fewer sales taxes. And then you are going be coming back and asking me, as one of the members of Appropriations, we’re spending too much on the Department of Corrections because we don’t have enough money.

Sen. Valde Garcia (R-Marion Township ) from Senate Floor Debate

I opposed this bill not because I smoke because I don’t, but I believe this is a business decision best made by the business owners. People have a choice as to whether or not to frequent an establishment that allows smoking. They can choose to spend their money there. They can choose to work there. I’ve heard it said that we have a duty to protect the public health, but if it is our constitutional duty to protect the public health, then where do we stop? Let’s ban fast food. Let’s ban smoking. Let’s ban the use of alcohol. We have proof that all of these items harm the health of people. So why don’t we ban them? We don’t. We all know the answer to that. Just follow the money.

Senate Majority Leader Mike Bishiop (R- Rochester ) from Senate Floor Debate

Government, in this case, began with regulation of smoking. Then in its infinite wisdom began to mercilessly tax the product, and now government moves to ban its use entirely. This is a consistent pattern of government. It slowly intrudes into the private lives of individuals and businesses and ultimately attempts to govern every aspect of our lives. In effect, government is trying to protect us from ourselves.

As a non-smoker, I understand and appreciate the concern about the smoke and its hazardous impact. I sincerely do, and my heart goes out to all of you who have had relatives who have been impacted directly. But I want you to know that even though I respect the sponsor’s intent, he is a dear friend and I have been on the receiving end of a lot of his internal lobbying—as we would like to call it—over the years, having had the opportunity to sit next to him for so many years. I want you to know, I, as a father, as a husband, over the years make choices every day—personal choices. It is my responsibility to take control of my own life. In this case, I oftentimes choose smoke-free environments if my family chooses to go out. There are plenty out there—plenty. In fact, if you go to smokefreemichigan.org, you will see that there are over 5,000 smoke-free establishments—bars and restaurants—out there for you to choose from, and that list continues to grow at a rapid rate





Smoking Ban Vote!

8 05 2008

It seems Senate Majority Leader Mike Bishop will allow a vote on HB 4163.  There was some movement on the bill today as it was place on Order of General Orders.  A vote could come as early as today. 

I’ll update this post as more information becomes available.

UPDATEWOOD-TV is reporting via the Associated Press that the smoking ban has passed in the Senate by a vote of 25-12.  The bill now goes back to the House where they will decide if they will carry out the full ban or come up with some exceptions.  Governor Granholm has said in the past she will sign it. 

UPDATE – Governor Granhom released the following statement HB 4136

“I congratulate the State Senate for approving legislation that bans smoking in public places.  Their action sends a strong message across Michigan – and the nation – that we place a high priority on the health of our citizens.  It will go a long way toward influencing the actions of our young people, too.  I urge the House to act as quickly as possible.”

UPDATE – Reaction from the American Cancer Society and Campaign for Smoke Free Air.

“The Senate has been a major hurdle on this issue for many months and today we are very excited to clear that hurdle and continue moving forward,” said Judy Stewart, spokesperson for the Campaign for Smokefree Air (CSA) and government relations manager for the American Cancer Society Great Lakes Division.  “We appreciate Senate Majority Leader Bishop allowing a vote on this important issue, even though he is still opposed.  It shows that he has heard our concerns about the greater good for all Michigan residents.”

I agree with the comments about Sen. Bishop.  I have e-mailed him and told him the same thing.  In Illinois, this never would have happened.  If the leaders don’t plan on voting for something, they won’t call it…unless they can use it for political reasons.

I’m working on getting a comment from the Michigan Restaurant Association.  If they reply to my e-mails, I will post their reply as well.

One thing I overlooked when I originally posted this is the Senate took away all exemptions.  The House version of the bill gave casinos an exception.  The reasoning behind this is because the State of Michigan can’t regulate Indian casinos, so in order to level the playing field for the casino’s in Detroit and other non-Indian casinos, they made the exemption.  This could be a hold up when it goes back to the house.  The House has adjourned for the day, so hopefully they will tackle this soon, but it looks like the fight isn’t over and this isn’t a done deal yet.