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Smoking Ban: Win For Health Or Loss For Rights?

Statewide Ban Will Take Effect Jan. 1 If Signed By Gov. Blagojevich

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CHICAGO (CBS) ― Smoking will likely soon be an outdoors-only activity across Illinois after legislators passed a statewide smoking ban.

As CBS 2's Kristyn Hartman reports, Gov. Rod Blagojevich says he intends to sign the ban into law. It would forbid smoking in all places of employment, college dormitories, gambling venues including riverboat casinos, bars and restaurants effective Jan. 1, 2008. The ban would also forbid smoking within 15 feet of the entrance to a public place.

The Illinois House approved the statewide smoking ban 73-42. That margin of approval kills the possibility for a veto, but Gov. Blagojevich says a veto is not likely going to happen.

"It sure sounds to me like something I would enthusiastically sign," Blagojevich said.

Chicago and many other municipalities have already banned smoking in most or all public places. But in Chicago, bars are exempt from the ban. The city had given them until July 1, 2008, to eradicate smoking, but they will now likely be forced to do so six months earlier.

Chicago bar owners had worried that with the city smoking ban, patrons could go to suburban establishments without bans.

Fort that reason, backers of the statewide bill point out that it levels the playing field.

Smoking opponents also portrayed the measure as a matter of public safety, little different from requiring restaurants to follow fire codes. Customers and the staff who serve them should not be exposed to dangerous smoke, they argued.

Experts claim second-hand smoke kills about 2,900 people in Illinois every year.

"There's no doubt the actions of smokers are harming non-smokers," said the sponsor, Rep. Karen Yarbrough, D-Chicago.

But opponents argued the state is overstepping its authority by telling every Illinois business how it must operate.

Customers should be allowed to vote with their dollars and stay away from businesses that permit smoking if that's what they want to do, critics say. If smoking must be regulated, it should be done by individual cities.

"That's local control. That's the way government works best," said Rep. Mike Bost, R-Murphysboro.

Some business owners fear people will just stay home where they can light up.

Jack Schroeder has not smoked for 25 years, but still called the bill discriminatory.

"It's crowd control. It's restaurant crowd control. That's what it is," Schroeder said.

But others said not just the health risk of secondhand smoke, but the smell of tobacco and other factors, that has deterred them from going places where smoking is now allowed.

"To me not being a smoker, I really enjoy going places and not getting the smell of smoke in my clothes. I hate going home and smelling like smoke, so the statewide smoking ban is going to be greatly appreciated," said Anthony Nash.

Others have been concerned that the smoking bans that are being enacted across the country might lead to the outright criminalization of tobacco.

The ban does have a handful of exceptions. Hotels and motels would be able to allow smoking in 25 percent of their rooms, while tobacco stores and private nursing homes would also be exempt.

But the ban would affect for-profit private clubs like cigar bars.

Police officers who smoke won't be able to do it in their squad cars – all government vehicles are off limits. And smoking will be banned in every riverboat casino in the state. The new law will also put an end to smoking exotic tobaccos in water pipes in the trendy new hookah bars and cafes unless 80 percent of their gross revenue is from selling tobacco.

"The lion's share of our sales come from the sale of tobacco and the smoking of pipes on the premises," said Mark Heinze of Sigara Café and Lounge. "I would anticipate maybe no change."

Illinois would become the 19th state to pass a smoking ban if the proposal is approved.

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