Smoke and Mirrors at the Statehouse

Michigan legislators have about 24 hours to make a decision regarding a smoking ban in workplaces. If a decision isn't reached before the 2007-2008 legislative session ends tomorrow, the proposed ban will die on the floor, and will have to be reintroduced in committee in January. This is the same ban that smoking-ban advocates have been pushing for almost ten years; the same ban that was first introduced to the legislature almost two years ago, and has since been approved by both the House and Senate, and has the support of Governor Granholm.

So what's the hold up?

In December of 2007 the House voted in favor of a statewide smoking ban, but allowed exceptions for the gaming floors of Detroit's three casinos, cigar bars and tobacco shops, bingo halls, and horse racing tracks (without the exception, Detroit's casinos argued that they would face crippling competition from the Indian-owned casinos, which would not have to comply with a ban). In May of 2008, the Senate also passed the ban, but without the exceptions. The exception-free bill was sent back to the House. In October, House members under pressure from the casino lobby defeated the bill by just six votes. The bill is now in conference committee, where three members of the House and three members of the Senate are attempting to reach a compromise before the proverbial clock strikes tomorrow.

It has taken some serious political maneuvering to keep the smoking ban from reaching the Governor's desk. The original workplace smoking ban bill, HB 4163, spent ten months floating around in the Commerce Committee in 2007, and nine months in the Government Operations and Reform Committee in 2008. The bill was never referred to the Health Policy Committee, where it might have gotten direct and immediate attention. The Senate passed a total ban not because they were worried about the health of workers on the casino gaming floor. The Senate passed a total ban because Senate leadership was opposed to a workplace smoking ban, and they knew House members were so indebted to the casino lobby that they would never allow the bill to go through without the exception for casinos. By passing it without the exception, they effectively killed it. Tricky legislators.

So now the conference committee is attempting to cobble together a compromise that won't offend the tobacco lobby, the casino lobby, or the property rights advocates, and, oh yeah, will protect the public from the dangers of second-hand smoke, before time runs out tomorrow. Good luck.

To balance out all the arm-twisting and game-playing, here are some facts: Second-hand smoke is bad for people. 22 other state currently have statewide smoking bans, and studies have shown that business has not suffered in bars and restaurants that have had to comply with smoking bans. Our legislators want to protect the economic health of Michigan industries, but they have a responsibility to protect their constituent's health as well. Passing the smoking ban is one thing Michigan's Legislature could do to help all Michiganders breath a little easier.