The state Senate passed a strict statewide smoking ban Thursday, virtually ensuring smokers will have to step outside bars, restaurants and most other establishments to catch a drag after July 1.
With 19-15 Senate approval, the ban passed its biggest hurdle in what was one of the most contentious fights this year.
Lawmakers fought intensely to exempt bars, bingo parlors, racetracks, casino floors and private clubs. Only the casino exception survived.
House Bill 1175 is expected to easily pass the House today, and Gov. Bill Owens’ spokesman said the governor would sign it.
In addition to casinos, the ban exempts the Denver International Airport smoking lounge, cigar bars, smoke shops, small businesses and family farms.
It also allows local governments to pass and enforce more restrictive bans.
“I’m extremely pleased. It’s not a perfect bill, but it’s much stronger than anything I hoped we could get passed,” said Democratic Sen. Dan Grossman of Denver, a sponsor of the bill.
One of the toughest fights was over whether to exempt bars. The Senate had passed an amendment to allow smoking in bars that generate less than 25 percent of their sales from food. But that amendment, along with most other Senate changes, was stripped out Thursday morning by a conference committee negotiating a compromise with the tougher House-passed bill.
Chuck Ford lobbied hard for bars and taverns, arguing the ban would put them out of business. “I think this is reprehensible for what it does to the lives and dreams of little people,” he said. “And it just wasn’t necessary. It just wasn’t necessary.”
Ford said he may try again next year.
Supporters of the bill, including the Colorado Restaurant Association and the American Cancer Society of Colorado, argued the ban was necessary for business and health reasons.
The restaurant association fought against exempting bars, fearing it would shift business from restaurants with bars to taverns. The restaurants supported a statewide ban because local bans hurt business by allowing customers to cross town boundaries to find a smoking establishment, the group argued.
The cancer society and others pushed for the ban to protect workers from the health risks of secondhand smoke.
“This is such a quantum leap forward for cancer prevention,” said R.J. Ours, spokesman for the cancer society.
Republican Sen. Jim Dyer of Centennial voted against the ban, calling it “pure hypocrisy” for exempting casinos but not other establishments.
“We’re going to tell hundreds of small businesses, bars and taverns, VFWs that your clientele cannot make the decision to smoke and you don’t have the legal right to allow them to smoke,” he said, “but you can go to a casino and smoke your head off because they probably have better lobbyists and they’ve got more pull down here.”
On Wednesday, a coalition of restaurants, bars and bowling alleys asked a federal judge to block a New Jersey ban that exempts casino floors.
The group sued the state this month, saying the ban violates the equal-protection clause of the U.S. Constitution by exempting casinos.
“I’m not real worried about a legal challenge here,” Grossman said.
News that the ban was near final approval drew mixed reactions.
Ami Benali, owner of Tarantula Billiards in Denver, said the new law would hurt his livelihood.
“This is a private business, a private ownership, and we will not abide by that law,” Benali said. “I will organize every bar owner to protest.”
Across downtown at the Wynkoop Brewing Co., the main floor will become nonsmoking on April 1.
“The health of the staff is a big concern as well as the patrons,” said general manager Scott Stengaard. “In the long term, it is a good thing.”
Staff writer Annette Espinoza contributed to this report.
Staff writer Chris Frates can be reached at 303-820-1633 or cfrates@denverpost.com.
