The Colorado House voted Wednesday for a statewide smoking ban in restaurants and bars, but the chamber’s decision to strengthen the prohibition on puffing could ultimately spell its demise.
Intense lobbying by restaurant, bar, casino and tobacco interests forced a number of changes to the bill as it moved from the Senate to the House over the past week.
Most notably, the House agreed to allow smoking in casinos but removed a Senate provision that would let smokers perch at bars across the state. The House voted 37-28 to approve the bill.
The question now is whether the Senate will agree with the House’s tougher ban or simply let the bill die in the waning days of the legislative session.
Lawmakers acknowledged that the bill’s future is cloudy. Four Republican senators who bucked their party last week to vote for a smoking ban that applied only to restaurants said they would not vote for the House version that includes bars.
“I don’t think that will fly over here,” said Sen. Steve Johnson, R-Fort Collins. “I think it is overreaching, and I don’t think that will pass in the Senate.”
Three Democrats who held pivotal votes on the matter said they wanted time to review the changes. But they gave strong hints about where they will stand when the smoke clears.
“Is there a value to a pool hall where you can’t smoke?” said Sen. Bob Hagedorn, D-Aurora. “Yes, I, like everyone else, would prefer to eat in a smoke-free environment. But in our zeal to do that, are we literally forcing establishment owners into bankruptcy?
“I hope that the proponents of this bill don’t look at owners of a pool hall as simply collateral damage in their drive for clean indoor air.”
The bill’s sponsor, Sen. Dan Grossman, D-Denver, said he wanted to study the House version of the bill before deciding his next step. He could seek a committee of senators and representatives to negotiate a compromise, or he could simply ask the Senate to concur with the House changes.
Last week, Grossman grudgingly accepted a compromise in the Senate that would have allowed smoking in some bars. He said it was a way to keep the conversation alive.
The Colorado Restaurant Association, which changed its position this year to support a statewide ban, objected to the weaker Senate version of the bill.
Pete Meersman, president of the association, said restaurant owners worry that they will lose business to bars down the street if bars are exempt. The association signed on to the tougher ban because it would put all restaurants and bars on a level playing field, he said.
A patchwork of smoking bans across the state already puts some restaurants at a competitive disadvantage with establishments in neighboring cities and counties, he said.
Thirteen Colorado cities or counties have smoking bans: Seven apply only to restaurants; six apply to restaurants and bars.
In early April, Montana became the 10th state to enact a smoking ban on a widespread basis. California, Connecticut, Delaware, Florida, Idaho, Maine, Massachusetts, New York and Rhode Island have similar laws.
Staff writer Mark P. Couch can be reached at mcouch@denverpost.com or 303-820- 1794.
