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When the smoke clears


Published June 1, 2003

The voters' decision in November to ban smoking in Florida workplaces and restaurants was a great victory for public health. So, too, was the Legislature's belated attempt to translate that directive to law.

Lawmakers produced a bill last week that is generally faithful to the wishes of voters. It sets a surprisingly tough standard for stand-alone bars wanting exemption from the smoking ban. Though the bill also contains an exemption for "membership associations" that is vaguely worded and too open-ended, the time for political combat is over for now. By constitutional directive, the smoke has to clear by July 1.

Over the past few months, lobbyists for restaurants, bars, airports, veterans halls and health organizations have sparred over how the rules would be applied and enforced and which places might be exempt from the smoking ban. No one left entirely satisfied, but the public health organizations ought to be proud of their achievements. Instead, Martin Larsen, chairman of the Smoke-Free for Health campaign, already is talking about a lawsuit. He labeled some of the exemptions as "blatantly unconstitutional" and said they "clearly overstep the limits established by voters and the state's Constitution."

Larsen may have a legal point, but his groups would be wise to step back and look at the big picture. They have brought relief from secondhand smoke to workers and restaurant patrons, and have created broad no-smoking zones throughout Florida. Their own constitutional amendment recognized that some places, such as bars and designated rooms in hotels, could still allow smoking. So is smoking in veterans halls and sealed airport customs rooms really worth a fight?

In a month, Florida's indoor air will be cleaner and healthier, and Larsen ought to be declaring victory, not hiring lawyers.

[Last modified June 1, 2003, 02:05:26]

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