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Poor attempt

Published 2/8/2010 in Commentary : Editorial

Many Kansas lawmakers have been firmly against a statewide ban on smoking in public places.

So with pressure to pursue as much -- polls show a majority of Kansans favor public smoking restrictions -- it's no surprise that a less-than-sincere attempt has emerged.

The bill, HB 2642, supposedly calls for a statewide ban on smoking in public places, but would allow smoking inside places with ventilated rooms, and with smoking and nonsmoking sections -- both proven failures in protecting nonsmokers from secondhand smoke.

Also, hospitality establishments would be able to pay a fee to allow smoking.

The goal of a public smoking ban should be simple: Protecting all workers and business patrons from secondhand smoke linked to heart disease and other serious ailments.

HB 2642 falls well short. And one of its worst aspects is that it would prohibit local communities, Garden City included, from having a smoking ban stricter than the statewide law.

In Garden City, smoking is prohibited in all restaurants, bars, private clubs/fraternal organizations, educational facilities and public seating areas such as bleachers -- sensible guidelines intended to protect all workers and patrons from secondhand smoke.

The more stringent approach has worked here and in other Kansas communities with comprehensive bans, and without the financial fallout some predicted.

Some businesses even have posted gains as more nonsmokers choose to patronize their smoke-free operations. A drive past popular gathering spots in Garden City often shows packed parking lots.

Forcing any community that has had success with its own ordinance to take a step backward would be unreasonable and unfair.

Calling the bill a "fraud," Gov. Mark Parkinson has promised a veto. He favors a Senate-passed measure to ban smoking statewide in most public places, including restaurants and bars.

But even that proposal offers unnecessary exemptions, including casinos -- some of which, incidentally, will be state-owned.

Government-mandated regulations intended to keep people safe aren't implemented on a pick-and-choose basis, and a public smoking ban shouldn't be, either.

Until lawmakers acknowledge as much, they should steer clear of a statewide ban and let communities like Garden City move forward with ordinances that work.

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