Lawmakers likely to take second look at smoking ban
December 2, 2008
DES MOINES (AP) — Iowa lawmakers say they will likely take a second look at the state’s smoking ban when the Legislature convenes in January.
But they are unsure what, if any, changes might be made.
Expanding the law would likely mean removing the casino exemption, which allows smoking in gaming areas of casinos.
Opponents would like to see the ban revoked, or at the very least changed so business owners can decide for themselves whether to allow smoking inside.
“I think there’s energy on both sides,” said Senate Majority Leader Michael Gronstal, D-Council Bluffs. “My guess is that individuals in the Legislature will explore these issues during the session and we’ll see if a consensus will come out.”
The ban, which took effect July 1, prohibits smoking in public buildings, including restaurants and bars.
People who violate the law can be fined $50. Businesses who don’t stop people from smoking can be fined up to $500.
Some bar owners say the ban is hurting their business, and they have filed lawsuits challenging its constitutionality.
Brian Froelich, owner of Fro’s Pub ‘n Grub in Wilton, allowed customers to smoke in his bar for several months after the law took effect. He stopped after the state threatened to revoke his liquor license.
Froehlich helped form the group Choose Freedom Iowa, which is challenging the ban.
“We’ve always proclaimed that it’s an unconstitutional law that was forced down the throats of the people of Iowa,” he said.
Officials with the Iowa Gaming Association distributed information to lawmakers that showed a smoking ban in casinos would cost the state about $100 million in year in gaming revenue. That was part of the reason lawmakers made changes in the ban and agreed to exempt casinos.
House Majority Leader Kevin McCarthy, D-Dubuque, said even supporters of toughening the ban are hesitant to bring it back for discussion.
“There may be some advocacy groups who don’t want the law touched for fear that it will open up a Pandora’s box,” he said. “I just don’t have a sense yet where they are at or where our caucus is at.”
House Minority Leader Kevin Paulsen, R-Hiawatha, said he believes the issue is certain to resurface.
“I don’t think there’s any question that there’s a cadre of Democrats and Republicans interested in going in and making changes,” he said.