Measure would snuff out the habit at private firms

Smoking would be banned from virtually every private business in Utah — including fraternal lodges and country clubs — under legislation that tobacco-free workplace advocates are asking state lawmakers to consider.

The only exceptions would be a couple of waiting areas at the Salt Lake City International Airport and designated hotel/motel rooms, David Spatafore of Utahns for a Tobacco-Free Workplace told members of the Health and Human Services Interim Committee.

The bill significantly broadens a proposed ban that failed in the general session earlier this year.

"We believe that the bill we will present to you should be more inclusive," Spatafore said. "It is our goal . . . to protect employees who are at risk while working in smoke-filled environments."

News of the renewed effort was met with concern Wednesday at the Roy lodge of the Benevolent and Protective Order of Elks. Office manager Connie Neil estimated that a fourth of the lodge's members smoke and enjoy doing so while socializing.

"I think there would be an impact on us because of the fact that there are a lot of our members who like to come here because they can smoke," she said.

Elks' members weren't terribly concerned last session because SB77 gave fraternal organizations "a little leeway" by excluding them from the smoking ban. Still, Neil said, "We were glad it didn't pass last time."

Smoke-free laws "are sweeping the country," Danny McGoldrick, director of research for the Campaign for Tobacco-Free Kids, told committee members Wednesday. Eight states have outlawed smoking in all restaurants, private clubs and taverns, and another four have banned smoking in restaurants, he said.

"The fact of the matter is that nobody should have to breathe all these toxins simply as a function of their jobs," McGoldrick said. "Basically this all comes down to everyone's right to breathe clean air."

Utah has banned smoking in public places with exceptions for private clubs, hotels, fraternal and religious organizations and the airport smoking areas since the 1995 Indoor Clean Air Act.

As many did during the 2005 session, at least one lawmaker struggled Wednesday with striking the proper balance between the rights of bar employees and patrons to be free from secondhand smoke and those of private owners to run their businesses as they see fit.

"How do we as legislators address their rights to manage their business as they choose?" Rep. Steve Mascaro, R-West Jordan, asked. "I think that's what the crux of the matter is — the rights of all concerned."

Bob Brown, owner of the downtown bar Cheers to You, said the ultimate decision should rest with business owners, not lawmakers.