A Colorado legislative panel Monday endorsed a statewide smoking ban, but a year-old fight over whether to exempt bars and taverns seemed sure to return.
The measure to prohibit smoking in most public places was approved 9-4 by the House health committee after three hours of public testimony and debate.
House Bill 1175 would prohibit smoking in restaurants and bars but was amended to exempt casino floors – a move some said would win the measure votes.
“I think the reality of politics is, without the casino amendment, votes would peel away,” said Republican Rep. Mike May of Parker, the bill’s sponsor.
May said he expects the bill to pass in the House, but several senators are looking to include another big exemption – taverns, or establishments whose primary business is serving alcohol.
Last year, most Senate Republicans, joined by two Democrats, voted to kill a similar bill because it banned smoking in bars and taverns.
Republican Rep. Lauri Clapp of Centennial attempted to exempt taverns Monday, but the amendment was defeated 10-3. Supporters vowed to try again when the legislation is debated by the entire House of Representatives.
Chuck Ford of the Colorado Licensed Beverage Association said he thinks an exemption might be possible. The Colorado Restaurant Association, which supports the bill without exemptions, intends to siphon business from taverns that the ban puts out of business, he said.
“This isn’t about a level playing field,” Ford said. “When my people go broke … at least some percentage (of the patrons) will go to the bars and restaurants.”
But Pete Meersman, president of the restaurant association, said local bans are the real problem because people can cross boundaries to find another bar.
“The people that are driving his people out of business are the people that are passing the local bans,” he said.
Senate Republican leader Andy McElhany said he won’t support the bill if it doesn’t exclude mom-and-pop taverns. He is working on a proposal for a restaurant smoking ban – from which taverns would be exempt – until 10 p.m., when most kitchens close. Restaurants would have the option of allowing smoking after 10 p.m.
Unlike last year, when Senate Republicans locked down against the bill, the measure has several Republican sponsors this year. So even if a few Democrats vote against the bill, it could still pass.
During the hearing, tavern owners, bartenders, doctors and others testified about how the bill would affect them.
Dr. Richard May, president of the Colorado Medical Society, urged the measure’s passage.
“Secondhand smoke kills people. Secondhand smoke injures people. The health of this state will be profoundly improved if you take the incredible step and pass this bill,” he said.
But Ron Garner, owner of Sticks Billiards in Colorado Springs, told the committee the ban would cost him about $1 million – “everything I have.”
“A smoking ban will absolutely kill my business,” he said. “I might as well fold up my tent, at 58 years old, and find a new job.”
Staff writer Chris Frates can be reached at cfrates@denverpost.com or 303-820-1633.
