The effort to extinguish smoking in private clubs and taverns appeared doused this session, passing the Senate but losing steam in the House late Wednesday.

Sen. Michael Waddoups, R-Taylorsville, had pushed for passage of SB77, which would have removed the exemptions in Utah's Indoor Clean Air Act for private clubs and taverns.

Waddoups, joined by health specialists and tobacco prevention advocates, couched the bill as a worker's rights issue, asserting employees shouldn't have to be subjected to the harmful effects of another's bad habits.

Citing passage of similar laws in California and New York, Waddoups said the measure would not have adverse economic impacts on businesses but instead would lead to nonsmoking patrons being able to enjoy a smoke-free night life.

The measure was supported by Tom Guinney, a Salt Lake Valley Board of Health member and partner in the Gastronomy chain, which has four high-end restaurants and private clubs, including the Wine Bar at Baci and the Market Street Oyster Bars in Cottonwood and downtown Salt Lake City.

In February, the chain banned smoking in its private clubs — a decision opponents say demonstrates the law is not needed because a ban can already be imposed by ownership under Utah's current law.

Throughout the session, the bill was adamantly opposed by the Utah Hospitality Association, whose representatives argued such a ban should be discretionary, not imposed by government.

"It really is a personal freedom issue," said Bob Brown, association vice president. "For them to disallow smoking in private clubs is one step closer to disallowing smoking in your private home."

Brown, despite assisting in the gathering of petitions against the measure he said represented 400 employees and more than 1,000 patrons, was not optimistic about defeating the measure.

"This is a moral issue, this is a moral state and I thought, 'We are toast because this is a pretty conservative state.' But I didn't really know what that meant at the time."

But Brown, owner of Cheers to You, said as he talked to lawmakers, it became more clear to him that conservative legislators generally resist tinkering in the private concerns of business owners.

"Regardless of their moral values, their sense of freedom, their sense of constitution and their sense of the American way holds true in their hearts, even if they disagree with the whole drinking and smoking thing."

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