Smoking ban bill clears full Senate

• By MARSHA SHULER
• Advocate Capitol News Bureau
• Published: May 29, 2009 - Page: 10A

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Smoking in bars and casinos would be prohibited under legislation endorsed Thursday by the Senate.

The Senate voted 22-10 for the proposed law after senators rejected separate amendments seeking to remove bars and casinos from the ban.

When the state adopted the Louisiana Smoke Free Air Act in 2006, smoking was banned in restaurants but allowed in bars and casinos.

“This bill puts everyone on equal footing … restaurants, bars and casinos,” said Sen. Rob Marionneaux, D-Grosse Tete, sponsor of Senate Bill 186. “It’s the right thing to do so one business is not put at a disadvantage over another.”

The Louisiana Restaurant Association has complained that its members were being treated unfairly and would lose business because smoking is still allowed in nearby bars that serve limited food.

Beyond being a matter of fairness, Marionneaux said, there is a health issue involved because nonsmokers are exposed to second-hand smoke. He said some 1,100 Louisiana residents die each year from second-hand smoke.

Marionneaux said opponents argue that the legislation is “encroaching” on their right to smoke.

Marionneaux offered and the Senate approved an amendment that would allow bars and casinos to permit smoking in “outdoor patio” areas as restaurants are allowed to do.

Similar legislation, House Bill 844 by state Rep. Gary Smith, D-Norco, is scheduled for a House vote on Tuesday. The bill came out of the House Health and Welfare Committee on an 8 to 7 vote.

State Sen. John Alario, D-Westwego, asked senators to exempt casinos from the smoking ban bill. He argued that many casinos already have designated smoking and non-smoking areas.

“People can choose,” Alario said.

“I think smoking is a terrible thing,” Alario added. “But in a democracy you have to do some things looking at the rights of people.”

Marionneaux opposed the change, saying all should be treated equally. “We want to maintain everyone’s smoke-free environment,” he said.