Smoking ban fails!

[KBCraig]

The smoking ban has failed in the Senate!

 

Don't forget to send your thank-you notes. I've already sent mine to Gallus, and I'm going to get the rest after posting this.

Kevin

http://www.unionleader.com/article.aspx?headline=Restaurant+smoking+ban+fails+in+Senate&articleId=67e3827c-16f4-4971-812d-2acb25df7886

Restaurant smoking ban fails in Senate

By TOM FAHEY
State House Bureau Chief

Concord ? A proposed ban on smoking in restaurants and bars fell one vote short in the Senate this morning. It was killed by a 12-11 vote.

The bill had passed the House by 33 votes last month, and was the subject of one of the most intense lobbying efforts several senators could recall.

A poll that smoking ban supporters commissioned showed public support ran at 79 percent for the ban in House Bill 1177.

The issue was painted as one of public health, especially for restaurant workers who must breath second-hand smoke throughout their time on the job in businesses that allow smoking.

But senators who spoke against the ban said ownership of each restaurant should make the decision on its own.

?It is not the proper role of government to try and control competition between businesses,? said Sen. Chuck Morse, R-Salem, chairman of the Finance Committee that tied last week on whether the bill should pass.

Sen. Robert Odell, R-Lempster, co-sponsor of HB 1177, said that even with the state?s ?Live Free or Die? motto, it is the duty of lawmakers to protect the public.

?Cancer is caused by second-hand smoke and people smoking. That?s a fundamental,? he said. ?If the votes aren?t here today, I?ll make a prediction, that today is a simple step in march of history and this body will eventually do the right thing.?

Sen. Carl Johnson, R-Meredith, said lobbying on the bill crossed the line, saying he had been harassed at his home by telephone and with a massive flood of emails that he said were ghostwritten by lobbyists.

?This movement has done nothing to further its cause and . . . in my opinion (took) a giant step backwards,? he said.

Senators voting to kill the bill were Morse, Johnson, Senate President Ted Gatsas, R-Manchester; John Gallus, R-Berlin; Joseph Kenney, R-Wakefield; Robert Boyce, R-Alton; Robert Flanders, R-Antrim; Sheila Roberge, R-Bedford; Robert Clegg, R-Hudson; John Barnes, R-Raymond; Andre Martel, R-Manchester, and Robert Letourneau, R-Derry.

[KBCraig]

http://hosted.ap.org/dynamic/stories/N/NH_XGR_SMOKING_BAN_NHOL-?SITE=NHMAL&SECTION=STATE&TEMPLATE=DEFAULT

Apr 6, 12:27 PM EDT

Senate kills smoking ban

By ANNE SAUNDERS
Associated Press Writer

CONCORD, N.H. (AP) -- It will continue to be up to New Hampshire restaurant and bar owners to ban smoking on their premises.

The Senate on Thursday voted 12-11 against a statewide smoking ban. Fourteen senators presented their arguments before the vote, with Sen. Carl Johnson complaining about the intensive lobbying by advocates.

"Many e-mails have crossed the line. I've been told I'm promoting cancer," the Meredith Republican said angrily. "In all my years in the Legislature, I've never been subject to the kind of lobbying that has occurred with this bill."

Meanwhile, the Greater Manchester Chamber of Commerce, a major advocate of the ban, pledged to support future efforts to ban smoking.

According to a poll of their members, 75 percent of restaurant and bar owners supported the smoking ban. A separate poll found 79 percent of the general public supported it.

Shawn Joyce, president of Margaritas Management Group Inc., which owns seven restaurants in New Hampshire, has said most restaurant operators would prefer a statewide ban rather than being forced to enact their own.

But opponents argued that's not the role of government. "Don't let your senators and representatives tell you what to do. Do it on your own," Raymond Sen. Jack Barnes, a Republican, argued.

Advocates for the ban say it's unfair to restaurant workers to subject them to a known health threat like secondhand smoke.

Sen. Sylvia Larsen, D-Concord, quoted one estimate suggesting that a restaurant worker on an eight-hour shift inhales secondhand smoke equivalent to smoking one to two packs of cigarettes.

"If you know that smoke causes cancer, wouldn't you do something about it? You wouldn't let drunks run around up and down the highway," argued Lempster Sen. Bob Odell, a Republican.

Sen. David Gottesman, D-Nashua, asked why this was any different from rules against asbestos in the workplace.

"We don't let anyone smoke in the Statehouse. ... Why is this building better than a restaurant?" said Manchester Sen. Lou D'Allesandro, a Democrat.

But opponents insisted it should be left up to restaurant and bar owners to decide when and if to go smoke-free. A majority of restaurants and bars in the state already have, several noted.

"I wish I could vote for this bill but I don't think 24 of us should be telling businesses what to do," said Sen. Bob Flanders, R-Antrim.

"If we were talking about health care, we'd be talking about banning all tobacco products," said Berlin Sen. John Gallus, a Republican. "I really believe in limited government and that these type of decisions should be made by local restaurants and their patrons."

[KBCraig]

To: john gallus <john.gallus@leg.state.nh.us>
From: Kevin Craig <kbcraig@pobox.com>
Subject: Thank you for your vote on HB1177

Senator Gallus,

Thank you for your brave stance in favor of property rights, individual responsibility, and against fascism.

I hope all restaurants ban smoking, but it should be their call, not the government's.

I look forward to meeting you when I move to Berlin. You'll always have my support on pro-freedom issues.

Kevin Craig

[KBCraig]

Letourneau and Morse don't list email addresses on the Senate directory. All others voting NO on the ban received this email from me:

Senator xxxxx,

Thank you for your brave stance in favor of property rights, individual responsibility, and against fascism.

I hope all restaurants ban smoking, but it should be their decision, not the government's.

Thank you again,

Kevin Craig

[free55]

I agree.  I smoke cigars and if I decide to kill myself doing it, then that's my choice.   

So what if I take out a couple of waitresses in the process.  It's their choice to breathe or hold their breath.      Let's Party!!  Another round for my friends.

OK, boys, if ya got 'em, smoke 'em.

[aries]

Excellent, I'll write Gallus tonight!

[jgmaynard]

I just sent Gallus a TY note.......

Dear Senator Gallus:

Thank you very much for your vote helping to defeat the state-wide smoking ban.

This bill, like many regarding science, was fueled by people who do not understand well enough how science works. Testimony such as "My sister worked in a restaurant and died of cancer" proves nothing.

One a chemical enters a body, it is a matter of medicine. Deciding how much of which chemicals can travel through a fluid like air is a matter of chemistry and physics. Therefore, chemistry and physics plays a much larger part than medicine in determining the potential dangers of second-hand smoke.

I have a degree in chemistry and physics (and history), plus I have several more physics and other science-related credentials. The junk science I have seen regarding second-hand smoke is incredible.

This was a brave vote and you deserve the hearty congratulations of every liberty-loving citizen of NH.

Thank you.

James Maynard
Keene, NH

[mvpel]

I don't even hope all restaurants ban smoking - I merely hope that they all install ventilation systems sufficient for me to not realize that they even allow smoking, such as in the Silver Maple restaurant in Merrimack.

[Thespis]

Awesome news!!!

Congrats to the liberty lovers who made this happen.

[aries]

I sent Gallus a short one too. I think he may be getting my vote for re-election. We'll see how he does with Real ID.

"Senator Gallus, though I am a non-smoker, I appreciate your vote in favor of property rights. I do not often eat at restaurants that allow smoking, and I will always favor ones that voluntarily ban it, but I do not think that it is the state's business to be setting the rules for those that wish to allow smoking. I thank you again for your vote and hope to be thanking you again and again for votes consistent with freedom for New Hampshire residents and business owners."

[intergraph19]

Awesome.  I so wanted to go to Concord yesterday, but I got corraled into doing something else.  Have I mentioned I love living with my parents?

[Lloyd Danforth]

Although no authority should have the ability to even threaten private businesses with this sort of crap, they do.
This goes to show how organized poliyical action can work.
Of course, just like seatbelts, state income and sales tax, we will be fighting this battle over and over again.

[d_goddard]

To get an appreciation for the "Liberty Culture" in New Hampshire, you need to understand why this bill was defeated in the Senate. The Senators were not focused on whether or not a ban would be good or bad for business. The Senators were focused on the real issues: property rights, personal choice, and economic freedom.

I've compiled audio clips of the Senate floor speeches. They are inspiring, and rather moving:
http://freestateblogs.net/node/378

[AlanM]

To get an appreciation for the "Liberty Culture" in New Hampshire, you need to understand why this bill was defeated in the Senate. The Senators were not focused on whether or not a ban would be good or bad for business. The Senators were focused on the real issues: property rights, personal choice, and economic freedom.

I've compiled audio clips of the Senate floor speeches. They are inspiring, and rather moving:
http://freestateblogs.net/node/378

Will we hear the same stirring words about 'do the right thing yourself, don't make us do it for you', and 'it's about freedom' concerning the school age bill from the same group of Senators?
Doubt it, except from a possible few.

[KBCraig]

Excellent, Denis! Thanks!