Colorado lawmakers gutted a proposed statewide smoking ban Wednesday by making the restriction apply only to restaurants.
Smokers could still puff in bars and bowling alleys, bingo parlors and casinos under the limited ban initially approved by the Colorado Senate on a voice vote.
Sen. Dan Grossman, D-Denver, watched in dismay as a majority of senators approved the far-reaching change to his bill, dubbed the Colorado Indoor Clean Air Act.
“I wish I could say that I am now asking enthusiastically for your adoption,” Grossman said. “I can’t be enthusiastic, but I think this bill needs to go forward. I think the discussion needs to continue.”
For six weeks, the discussion has hinged on whether Grossman could persuade his fellow Democrats to join him in supporting the bill because Senate Republicans refused to budge on the issue.
Senate Minority Leader Mark Hillman, R-Burlington, said his 17-member caucus would not support the ban, citing the property rights of business owners.
But Grossman couldn’t persuade some Democrats, notably Sens. Bob Hagedorn of Aurora and Lois Tochtrop of Thornton, to sign on to his version of the bill.
Tochtrop was worried about bingo parlors; Hagedorn preferred letting voters decide on a ban. Democrats hold a one-vote lead in the Senate.
Already, backers of the smoking ban say they will ask state representatives to roll back the Senate amendment if the bill wins final approval in the Senate. A final vote is scheduled today, and the bill must then get through the House.
“We’ll keep fighting on when this goes to the House to get it re-amended,” said R.J. Ours, director of government relations for the American Cancer Society. “The health of workers in Colorado should not be compromised just because they work in a bar, a bingo hall or a casino.”
Rep. Mark Larson, R-Cortez, the house sponsor, said he will attempt to return the bill to its original form. Failing that, he said it might include a provision allowing smoking in bars.
“What we’re trying to do is return the focus to a health issue, not special interests” Larson said.
During Wednesday’s Senate debate, Senate Bill 207 ignited several huffy exchanges.
Grossman, who hopes to run for state attorney general, and Hillman traded jabs over legal rights.
“Bills like this and so many others we have seen this year are transforming the land of the free and the home of the brave into the land of the overregulated and the home of the hypersensitive,” said Hillman.
Grossman retorted: “Sen. Hillman, I certainly don’t want to trammel upon your God-given and constitutional right to use your property to kill patrons and employees.”
Hillman blasted back: “Sen. Grossman, don’t put words in my mouth when I talk about what people’s rights are. If you’re not familiar with the 5th and 14th Amendments, both of them say you shall not be deprived of your right to life, liberty or property.”
Staff writer Mark P. Couch can be reached at 303-820-1794 or mcouch@denverpost.com.
