Push to ban smoking in private clubs falters

Published: Wednesday, Feb. 16 2005 9:21 a.m. MST

A controversial bill that would have banned smokers from lighting up in Utah bars failed on a close vote Tuesday in the Senate.

SB77, which won preliminary approval last month after a lengthy floor debate, was stopped from moving on to the House by a vote of 13-16.

"I guess people don't want it," said the bill's sponsor, Sen. Mike Waddoups, R-West Jordan. "I'm not pushing it any further. They let Utah lag the nation instead of lead it."

Waddoups had held the bill since the initial Senate vote on Jan. 28, hoping to gain more support; many of those who voted for it then indicated they still had concerns.

There was no debate before Tuesday's vote, although Waddoups made one last pitch for his bill. "Smoking kills. People will die. Perhaps we can save some lives," he said after citing a list of other states and countries that have enacted similar bans.

That wasn't enough to convince a majority, though.

Senate Minority Whip Ron Allen, D-Stansbury Park, said the bill still allowed for a number of exemptions, including airports, fraternal organization meeting halls and hotels.

"I'm very supportive of clean air in Utah," Allen said, noting he voted in favor of the bill last month. Now, though, he said, "I'm wondering how effective this tool really is."

Private clubs already can choose to ban smoking just by posting a sign, Allen said, describing his "no" vote as "keeping the heavy hand of government out for now."

Sen. Fred Fife, D-Salt Lake, also voted against the bill. Fife said he was voting the wishes of a constituent — a part-time musician — who saw the bill as infringing on his personal freedom.

Waddoups had argued the ban was needed to protect the health of servers, cooks, musicians, delivery personnel and others who are exposed to second-hand smoke in private clubs.

The bill could be brought back this session at the request of any of the senators who voted against it — if a majority of the members agree. Waddoups said he already had a commitment from one of the senators on the prevailing side to make that request.

But he said he doubted he could get the additional votes needed to pass the bill.

"I'm not pushing it," Waddoups said.


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