Michigan Bars, Restaurants to be Smoke-Free By May 2010
Non-smokers in Michigan can finally breathe easy – literally.
Effective May 1, 2010, all restaurants and bars in the state will be required to be smoke-free following legislation that was passed by the Michigan House and Senate Thursday. The bill (H.B. 4377) is headed to the desk of Governor Jennifer Granholm, who has stated that she intends to sign it.
Efforts to pass the non-smoking legislation were log-jammed for years by groups who claimed such laws would affect business owners’ autonomy, or have an adverse impact on casino business. The approved bill does not apply to Indian gaming casinos, and allows smoking on the gaming floors of other casinos, but not in casino bars, restaurants or hotels. Also exempt are tobacco specialty shops and existing cigar bars that have humidors and derive at least 10 percent of their revenue from the sale of cigars. The legislation does not permit new cigar bars to open.
Affected establishments are required under the legislation to remove all ashtrays from the business premises by May 1, and post signs that smoking is not allowed. In the event a patron does choose to light up, the penalties will be assessed against the smoker, and not the establishment. Violating the smoking ban counts as a civil infraction, with the first violation resulting in a $100 fine and subsequent violations in a fine of up to $500.
After the jump - author's comments on the legislation.
As someone who has been following this legislation closely for about two years now, what has intrigued me about the debate are the arguments that if smoking is banned, smokers will flee like lemmings from bars and restaurants and such establishments will be forced to shutter their doors. Not only does this argument (to me, at least) seem ridiculous given that 37 other states have passed similar bans, and the bar/restaurant scene in places like New York and Washington D.C. hardly seem to be suffering, but it also ignores the overpowering benefits of the legislation – better health and reduced health care costs for everyone. According to the American Cancer Society, smoking-related medical costs (treatments for conditions such as lung cancer, emphysema, or chronic obstructive pulmonary disease – “COPD”) averaged more than $100 billion nationwide each year between 2000 and 2004. This translates into $2,197 in extra medical expenses for each adult smoker per year as of 2004, a number which has undoubtedly increased in recent years.
Surely, a law which will allow restaurant and bar employees to work in a cleaner, healthier environment and perhaps encourage others to quit smoking will be a huge step in the right direction towards reducing the costs of medical care and making Michigan a healthier state.
*The opinions expressed in this post are solely those of the author, and do not necessarily reflect the opinions of other attorneys at Frank, Haron, Weiner and Navarro.
