House panel backs a smoking ban

Opponents of a smoking ban in Utah's bars and private clubs packed a committee room Wednesday to urge lawmakers to vote against the measure and in favor of private property rights and personal choice.

Ultimately, however, the House Health and Human Services Committee passed SB19 by a vote of 6-1.

Sponsor Sen. Michael Waddoups, R-Taylorsville, has billed the legislation as a worker's rights and a health issue, an argument that resonated with committee members Wednesday.

"I have considered myself a health advocate all my life, and I think up here I am looked upon as a health advocate," said Rep. Pat Jones, D-Salt Lake. "For me, this is a health issue."

Gov. Jon Huntsman Jr. also sees SB19 as a "significant workplace health issue," deputy chief of staff Mike Mower said Wednesday.

"He has a real concern for the employees of these establishments who are forced to inhale other people's secondhand smoke," Mower said, noting the governor played in a band that regularly performed in private clubs.

SB19 would amend the Utah Indoor Clean Air Act to ban smoking in private clubs, bars, taverns and social clubs, which were excluded from the original 1995 legislation banning smoking in public places.

However, business owners and their employees turned out in force Wednesday to oppose the proposed legislation.

Mark Livingston, owner of a private club in Clearfield, likened the situation to the Main Street Plaza case. After a lengthy court battle, Livingston noted, The Church of Jesus Christ of Latter-day Saints was ultimately allowed to decide what kind of behaviors to permit on its private property, an outdoor piece of land in downtown Salt Lake City.

"Private clubs and tavern owners deserve the same rights," he said. "I feel personally that it's the duty of the Legislature to protect our property rights."

Before voting for SB19, Rep. Steve Mascaro, R-West Jordan, admitted being "torn between personal property rights and the health issues." Still, he said, "We make laws with regards to private property all the time when personal health issues are involved."

Many states and municipalities, as well as some countries, have passed similar smoke-free laws for bars and restaurants. Three states — Arizona, Colorado and New Mexico — are currently considering similar measures.

The state Senate passed SB19 on a narrow 17-12 vote. It now goes to the full House of Representatives for consideration, where a similar measure, also sponsored by Waddoups, failed last year.

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E-mail: awelling@desnews.com