Senate kills smoking ban

CONCORD, N.H. --It will continue to be up to New Hampshire restaurant and bar owners to ban smoking on their premises.

The Senate on Thursday voted 12-11 against a statewide smoking ban. Fourteen senators presented their arguments before the vote, with Sen. Carl Johnson complaining about the intensive lobbying by advocates.

"Many e-mails have crossed the line. I've been told I'm promoting cancer," the Meredith Republican said angrily. "In all my years in the Legislature, I've never been subject to the kind of lobbying that has occurred with this bill."

Meanwhile, the Greater Manchester Chamber of Commerce, a major advocate of the ban, pledged to support future efforts to ban smoking.

According to a poll of their members, 75 percent of restaurant and bar owners supported the smoking ban. A separate poll found 79 percent of the general public supported it.

Shawn Joyce, president of Margaritas Management Group Inc., which owns seven restaurants in New Hampshire, has said most restaurant operators would prefer a statewide ban rather than being forced to enact their own.

But opponents argued that's not the role of government. "Don't let your senators and representatives tell you what to do. Do it on your own," Raymond Sen. Jack Barnes, a Republican, argued.

Advocates for the ban say it's unfair to restaurant workers to subject them to a known health threat like secondhand smoke.

Sen. Sylvia Larsen, D-Concord, quoted one estimate suggesting that a restaurant worker on an eight-hour shift inhales secondhand smoke equivalent to smoking one to two packs of cigarettes.

"If you know that smoke causes cancer, wouldn't you do something about it? You wouldn't let drunks run around up and down the highway," argued Lempster Sen. Bob Odell, a Republican.

Sen. David Gottesman, D-Nashua, asked why this was any different from rules against asbestos in the workplace.

"We don't let anyone smoke in the Statehouse. ... Why is this building better than a restaurant?" said Manchester Sen. Lou D'Allesandro, a Democrat.

But opponents insisted it should be left up to restaurant and bar owners to decide when and if to go smoke-free. A majority of restaurants and bars in the state already have, several noted.

"I wish I could vote for this bill but I don't think 24 of us should be telling businesses what to do," said Sen. Bob Flanders, R-Antrim.

"If we were talking about health care, we'd be talking about banning all tobacco products," said Berlin Sen. John Gallus, a Republican. "I really believe in limited government and that these type of decisions should be made by local restaurants and their patrons."