Published: August 22, 2008 11:24 pm      

Concerns expressed over smoking ban rules

CLINTON — Clinton bar owners and smoking ban proponents attended a televised, satellite public hearing regarding the administrative rules for the Iowa smoking ban held at Clinton Community College on Wednesday.

Bonnie Mapes, director of the Tobacco Prevention and Control Division of the Iowa Department of Public Health, served as moderator of the public hearing held to receive supportive or non-supportive comments regarding the administrative rules. The IDPH is considering making changes to some of the rules and attendees were asked to offer comments regarding specifics of the rules, not give their opinions about the Smokefree Air Act itself.

Those who wished to comment on the rules attended satellite meetings held via the Iowa Communications Network on Wednesday morning in Clinton, Burlington, Iowa City, Corydon, Cedar Rapids, Ottumwa, Keota and Davenport. Some participants, mainly members of anti-tobacco coalitions and some private citizens, expressed support for the act and asked the IDPH to leave the rules as is or make the rules more stringent. Many bar and business owners expressed opposition to the law, saying the act unfairly paints smokers as bad people, infringes on the freedom of choice and right to privacy, provides for malicious prosecution, makes bar owners an enforcement arm of the IDPH and creates potentially dangerous and criminal situations.

Mapes frequently had to reiterate that the hearing was being held to receive comments on the administrative rules and not the act as passed by Iowa legislators, nor to answer any questions posed during the hearing. She said the comments regarding the law could not be considered by the IDPH in the rule-making process and urged that those comments be directed to government officials in the Senate and House of Representatives.

Two members of the Administrative Rules Committee, Sen. Tom Courtney, D-Burlington, and Rep. Phil Wise, D-Keokuk, attended the meeting at the Great River Education Agency in Burlington. Both Courtney and Wise urged those participating in the hearing to bring the discussion back to the rules. Later, Courtney said he hoped the comments would have been focused more on the administrative rules, especially areas where he feels the rules went beyond the intent of the law, such as banning smoking in outdoor service areas.

Regarding outdoor service areas, Silver Dollar owner Shelly Brewer urged the IDPH to relax the rules prohibiting smoking on patios of establishments where the sale of food is incidental to alcohol sales. She suggested the rules allow patios be exempt from the ban or disallow food consumption on patios or decks, making it a designated smoking area.

In response to a comment made by one participant remarking that non-smokers enjoy the fresh air of being outside, Brewer pointed out that because smoking is no longer allowed inside most establishments, non-smokers should find the air there clear and fresh. She argued that smokers, too, are entitled to enjoy going out to eat or drink and as adults, people can decide for themselves whether they want to be exposed to the smoke.

David James, owner of DJ’s, commented that he would like to build a patio where his patrons could smoke, but currently can’t because he serves food and the space would be included in the ban. He said that while population of the state of Iowa may be 80 percent non-smokers and 20 percent smokers, the majority of bar patrons are smokers. James asked the IDPH to consider that anywhere from at least 50 percent to 95 percent of bar customers are smokers and include a provision for all businesses to provide an outside smoking area at the discretion of the owner.

Brewer also urged the IDPH to make penalties for violating the act be equal "across the board," saying penalties should not be different when imposed on any business.

Other comments regarding the rules included concerns over the size of no smoking signs required in vehicles presenting a visibility problem and enforcement issues.

Additional public comment hearings were held at locations throughout the state Wednesday afternoon and again on Thursday. According to the IDPH, the department will fully consider all comments received as it continues with the rule-making process. Mapes said the Administrative Rules Committee will meet Nov. 12 and consider the comments, then examine any suggestions to amend the rules.

Anyone who would like an opportunity to comment on the rules can do so through Sept. 30 at www.iowasmokefreeair.gov. A copy of the Iowa Smokefree Air Act and its rules are available at the Web site.