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N.C. General Assembly passes smoking ban

Thursday, May 14, 2009
(Updated 3:08 pm)

RALEIGH — Smoking will be banned in bars and restaurants starting Jan. 2 under a pending law that the General Assembly passed Wednesday and Gov. Bev Perdue says she will sign.

Although the measure stops short of the more sweeping ban favored by supporters that would have applied to virtually all businesses, the bill is a “major step” toward protecting public health, said Rep. Hugh Holliman.

Holliman, a Lexington Democrat and the bill’s primary author, said Wednesday that he would settle for the ban as it is rather than taking a chance on trying to rework the bill. It passed the House 62 to 56.

“It’s not the bill we would have liked to have,” Holliman said before the vote. “But we’re going to take the gains we got and come back another day. I would have liked to see all workplaces protected, but the votes just aren’t there.”

Holliman has advocated a smoking ban for years but has met stiff opposition, much of it from lawmakers who represent tobacco manufacturers such as Lorillard in Greensboro or tobacco growing areas. North Carolina farmers grow more tobacco than any other state.

When the bill first passed the House, it would have applied to most businesses but included a loophole allowing bars that don’t serve or employ those younger than 18 to opt out. The Senate limited the bill to bars and restaurants but closed that loophole.

“I think in this case we need to take this back,” said Rep. Nelson Cole, a Reidsville Democrat who had engineered the loophole for bars. “We need to discuss these issues.”

Others objected to the bill because it will allow local governments to create their own regulations on smoking in public places.

“This is going to create a patchwork of laws that are going to be confusing to people,” said Rep. Thom Tillis, a Cornelius Republican.

The bill now goes to Perdue for her signature.

“I have vigorously supported efforts to reduce and eliminate smoking, and this bill will help more North Carolina citizens avoid the dangers of secondhand smoke,” Perdue said.

 

Contact Mark Binker at (919) 832-5549 or mark.binker@news-record.com

Accompanying Photos

Jerry Wolford (News & Record)

Photo Caption: Rep. Hugh Holliman, a Lexington Democrat, smiles after a vote in May.

THE BILL

  • The bill: Effective Jan. 2, 2010, smoking would be prohibited in bars and restaurants across the state.
  • Exceptions: Cigar bars and private clubs — membership organizations such as VFWs or country clubs — would be able to permit smoking.
  • What’s next: The bill goes to Gov. Bev Perdue for her signature.

 

Comments

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Lakeshia

May 13, 2009 - 4:45 pm EDT

I am deeply saddened by this further infrigement upon smoker's rights - I had invested heavily in companies that manufacture artificial larynxes, portable oxygen equipment, drugs used to treat emphysema, throat and lung cancer, plus radiation and surgical equipment used to treat throat & lung cancer patients in clinics and hospitals - the govmint should not be regulating legal activities and telling business owners what they can and cannot do -

SJELG07

May 13, 2009 - 6:58 pm EDT

Give me a break...

David51563

May 13, 2009 - 10:36 pm EDT

This is slowly becoming a communistic country. It irritates me to see our rights being taken away one by one. It's usually the alcoholics in office that are against smokers rights.

newkid

May 14, 2009 - 12:23 pm EDT

Smoking is rampant in former and current "Communist" countries. Yes, in those societies, smokers had rights to inflict their secondhand smoke on others. Wow....Mao, Lenin, and Marx were really right!

Beachwalk

May 13, 2009 - 11:04 pm EDT

I don't like the smell of some perfumes and at times the smell has given my wife severe headaches. Some have even experienced asthma attacks from the smell of these sickening health degenerative liquids. I think it is time to outlaw perfume. After all, no one has a "right" to use perfume. And why should you be able to use these caustic smelly odors at the risk of my and my family’s health? No one really knows how much harm my lungs have experienced from smelling you and your sickening perfume. It is time to put these factories out of business. How can anyone work in the perfume industry knowing you are killing innocent human beings?
I call on the legislation to put an end to this madness. There should be laws to protect me and my family from this danger. At the less, there should be perfume and non-perfume seating in restaurants.

Beachwalk

May 14, 2009 - 1:13 pm EDT

Perfume is exactly the same as smoke and it is a "physical thing". Some people can have deadly asthma attacks from the smell of perfume. My wife and I get servere headaches from the smell of certain perfumes. Perfume effects me much more than smoke does, so don't tell me perfume is not a physical thing. So now you see what type of tangled web you libs weave. I have already call on the legislature to ban the use of perfume and put restrictions on perfume ads. I am also demanding warning labels be put on perfume bottles. And most of all I have call on legislature to require perfume and non-perfume seating area in resturants. And don't tell me it is not the same thing. IT IS!

SeptChase

May 13, 2009 - 11:32 pm EDT

I'm all for banning smoking in public places. It is filthy, stinking and makes me sick. Apparently people that smoke don't know how bad they smell. I get sick of trying to eat out and someone light up and their nasty smoke comes up my nose and wore yet is them spewing out the smoke from their mouth or nose and I have to breath it in after it has been in their lungs. That is just Gross!!! Perfume and smoking are two different things. Perfume is NOT a physical thing like smoke.

moonshadow

May 20, 2009 - 3:46 am EDT

SeptChase, When were you born? Yesterday? What do you mean that perfume is not a physical thing like smoke? Perfume can stay on a person's clothes for days! You can certainly smell it when a person arrives and long after they're gone. No one forces you to go to a restaurant where they allow smoking. GO TO A NON-SMOKING RESTAURANT! YOU HAVE A CHOICE!!!!!! USE YOUR FREEDOM OF CHOICE! Smokers don't want the anti-smoking whiners around them anyway. So go to a smoke free restaurant and leave the smokers alone!

bottechia

May 14, 2009 - 12:50 am EDT

Choices, that's what we all should have.
If you don't want to eat at the restaurant that offers smoking then don't eat there.
No one is making you eat there.
People don't realise that our rights our slowly being taken away from us. A business owner should be able to make that decision for themselves.
In California in an effort to curb the obesity epidemic, health officials are considering banning new fast-food restaurants from being built.
Who knows what their going to ban next.

hurinsbane

May 14, 2009 - 11:08 am EDT

Lol ban fast food. I am 5'11" and eat fast food 1-2 times per day and only weight 150lbs and feel great. Maybe they should ban people with slow matabolisms from fast food. but what the heck if they wanna be fat I dont see the problem

moonshadow

May 14, 2009 - 3:37 am EDT

I saw the poll results on fox8 wghp and 48.8% did not want this ban to 42 % who did. Once again the majority was ignored by the government gods. It is a violation of our freedoms and after spending hours online sending emails to our so called representatives asking them to have the balls to stand up for our freedoms rather than caving in to the big government opression of our rights and freedoms it was SO IN VAIN! Our representatives who work for us OBVIOUSLY don't care what we think, they obviously don't care how many jobs will be lost when restaurants and bars begin to close as most smokers (who believe in the freedom of choice which is our right under our Constitution) will not patronize businesses who don't allow smoking. I CANNOT WAIT until election time next year so we can get these socialist, anti-American democrats out before they put us under total government control as they are getting ready to do under social medical care where we the workers have our paychecks taxed MORE so the lazy welfare and illegal kids' parents can continue to sit on their asses while we work to pay for their healthcare.

Katbyrd

May 14, 2009 - 6:25 am EDT

Florida has had the same type of ban for years --- and few (if any) restaurants or bars have closed due to a smoking ban. People simply came in the oyster bar on the beach, ordered their drinks & food, stepped outside for a smoke, came back in and ate, then left to smoke again. I think it's pretty doggone SAD that a person can't go 30 minutes or an hour without a cigarette. REAL SAD. People in this state will get used to it. And I'm SICK of "smoker's rights". When you are fouling the air I breathe, what about MY rights? My father died at age 45, when I was 15 years old, of lung cancer. No child should have to grow up without a parent because they killed themselves with cigarettes.

moonshadow

May 20, 2009 - 3:30 am EDT

Katbyrd,
No one is forcing you to breathe ANYTHING! You don't have to go into the smoking restaurants. There are plenty of smoke free restaurants to choose from. This ban however will force me to stay home and eat if I want to enjoy a cigarette during my meal. You say you are sick of smokers rights. Just wait! YOUR RIGHTS WILL BE NEXT! What do you enjoy?
Movies, M&Ms, Duncan Doughnuts? How about that caffeine loaded coffee? Or great smelling cologne? Just WAIT! Your rights will be violated next. What you IGNORANT people JUST DON'T UNDERSTAND is that when you ask the government into people's PERSONAL LIVES to infringe on their rights because they do something you don't like, You are OPENING THE DOOR WIDE OPEN, INVITING THEM IN to do the SAME THING TO YOU!
JUST WAIT!!!
Your rights and privileges will be next!!!
I am sorry that you lost your father, but they have yet to prove that cigarettes cause cancer. There are 246 carcinogens on the government list. Let me name just a few so that you people will see that we are ALL at risk for cancer unless we live in a bubble. Grilled meats, inks from jet printers, chemicals from fuels and explosives, toilet bowl deodorizers, x-rays, the steam from boiling eggs, lead from some paints and ceramics, the cable covering on your computer plugs. These are just a few of over 200 things and whether we choose to smoke or not we have preservatives and chemicals in our daily lives that are known carcinogens, so how can anyone pinpoint which item caused cancer in someone? THEY CANNOT!
You either get it or you don't.

Primal Scream

May 14, 2009 - 8:21 am EDT

Obviously you do not know much about the Constitution or freedom. Yes the document is based on the rights of the people being tantamount to a democratic society and yes it does limit what the federal/state governments can do. But those freedoms are limited and government does have a right to do certain things even if they infringe on a person's rights. Property rights are indeed one of the important things contained in the Constitution and the Supreme Court said as much back in the early 1800s. Heck the framers were worried that the majority(poor and uneducated) would take their property thus they included the property clause in the document. However the state(government) also has been given "police powers to provide for the general welfare and protect the public well-being. A ban on smoking is no more an infringement on a property owner's rights than a zoning law or a health code/sanitation law. A restaurant/bar has to obey zoning laws. They cannot cook food improperly nor have unsanitary work/serving conditions. They must obey labor laws, etc.... I could go on and on about the regulations/laws a place of business has to follow. So the property rights argument is moot. The freedom of choice rant is even more moot. Our freedoms are limited in the fact that it cannot restrict the freedom of others. Nowhere in the Constitution does it say one has a right to smoke, drive drunk, or use drugs. I know tobacco is a legal product, but so is pornography. It is regulated by state and local governments also. Finally communism is an ecomomic theory where the means of production(buildings, equipment, businesses, etc...) are controlled by the government or the people. A smoking ban has absolutely nothing to do with communism unless you are trying to equate repressive government with Lenin, Stalin, Castro, etal.. That is called totalitarianism. This has been a long time coming. I for one am glad to be able to go into a place to eat and not worry about smoking a Pall Mall. And I am a registrered Republican so you cannot blame this on a socialist communist citizen

eclipse3

May 14, 2009 - 10:19 pm EDT

Sorry Primal, Moonshadow has it right, you have it wrong. Socialism is society operating on the basis of cooperation of labor and community property under government control. And it is, an individual right that some of you have gladly handed over. But never fear...once they are done with the war on tobacco, they will move to the next ban or product . Mr. Holliman headed this up and he has had cancer and he blames tobacco. So, did they support his reasoning to sympathize with his illness? If so, then what if a rep dies from injuries in a car accident, do we ban cars? The vote was VERY close. What about the allergies that me and my family suffer from when you are allowed to bring your pet to the mall or stay in a hotel. And what about the awful stench of cheap perfume that I encounter almost every day in a place I eat. Who really has the authority to restrict all those pleasures? You are right that our freedoms are not built to restrict the freedoms of others.....but let's flip that thought. Non-smokers, the verbal ones, want to restrict the freedom of smokers. And on it goes. We already give 35-40% of our pay to the government. They tell us that we must to support the system. And yet, I see all of Congress and most of the administration foolishly wasting OUR money on frivilous projects, and it bothers me a lot. And as each individual right is taken away, taxes go up, and we are bordering on Socialism now, right now.

I pray that next year's election will bring representation back to all of us who love America and the freedom it was built on. Freedom that my daddy fought for.

moonshadow

May 20, 2009 - 3:39 am EDT

Eclipse3 you are so right. The non-smokers want to restrict the smokers' freedoms. I work 40 to 44 hours every week and pay thousands in income taxes. I pay over two dollars per pack in cigarette taxes because I choose a legal product to enjoy. I pay property taxes, sales taxes, a 30.5 cents per gallon gasoline tax, state income taxes, medicare (that I probably will never receive) and you are right that according to big government, I am supposed to go to work everyday, hand over almost 50% of the money that I make and support what they do with it. They are anti-American, anti-Christian, anti-freedom socialist and unless the people WAKE UP, we will become Natzi America with a dictator named barak hussein obama. And Primal can talk out of both sides of his mouth if he wants to, but his freedoms will be taken next. I assure him of that if the people continue to trust this government.

hurinsbane

May 14, 2009 - 11:03 am EDT

Well, Looks like I'll be smoking it up right at the door where you non smokers come in to eat in your clean enviorment. Enjoy walking through the smoke.

nickolinka

May 14, 2009 - 1:10 pm EDT

as a career hospitality worker, who has managed restaurants for the past ten years, i just want to say thank you to the legislators who are allowing me to work in an environment similar to bankers, grocery clerks, factory workers, retail workers, insurance agents, teachers, doctors, dentists, etc....second hand smoke free!

eclipse3

May 14, 2009 - 10:25 pm EDT

Umm, I got a news flash for ya nickolinka. You are going to see less and less guests come to eat with you. Then your doors will close. And then you can really enjoy clean air in your house while you are sitting home collecting unemployment. I have bartended part time for 25+ years to supplement my income, and it is already happening. Resturants are ALREADY cutting back on days and hours, and you will see many close for good. Be careful what you wish for.

nickolinka

May 14, 2009 - 10:51 pm EDT

i'm not worried, but thanks for your concerns.

hadit

May 15, 2009 - 9:00 am EDT

you may think you are that great & can't lose your job but unless you own the place which obviously you don't or you could have banned smoking years ago. Everyone is replaceable. Restaurants come & go as do motels ect. yours could be next. I think all business owners have the RIGHT to decide for themselves how to run their business, after all they are the ones paying the bills. It should be whoever pays the bills gets to decide!

bsnyder524

May 14, 2009 - 1:49 pm EDT

I am very liberal. I supported Purdue and Obama. I fi had any complaint, it would be that most Democrats aren't liberal enough. However, I am 1000% against this smoking ban. It is a fundamental right of North Carolinians to smoke in confined spaces. I don't get on people's cases for bringing their loud, obnoxious kids to restaurants where I'mn trying to eat and/or converse. Most family restaurants have separate smoking sections anyways, why ban it completely?

Primal Scream

May 15, 2009 - 12:06 pm EDT

No bsnyder, it is not a fundamental right to smoke in confined spaces unless you are the only person there. I wish people would stop throwing around terms like fundamental rights, communism, socialism, rights, etc... until they know something about them. The arguments are flawed from the beginning. A fundamental right is one that cannot be taken away because it is basically born into you. Things like voting, free speech/expression, worshipping freely; these are fundamental rights. Smoking is not. It is a privilege and choice. Hey we would not be having this debate if they would make a smokeless cigarette.

thestatelottery

May 14, 2009 - 3:15 pm EDT

The loophole should be included. If it is a bar or club that is 18 and over, the choice to allow smoking should be up to the owner/management.

moonshadow

May 20, 2009 - 3:16 am EDT

Once again our socialist liberals in congress have ignored the people, but most importantly the laws. They have infringed on the rights of property owners and citizens' privileges breaking the very laws set forth by the US Constitution! Amendment XIV; Section 1 states that NO STATE shall make or enforce ANY law which shall abridge the privileges or immunities of citizens of the United States; nor shall ANY STATE deprive any person of life, liberty or property, without due process of law; nor deny to ANY person within its jurisdiction the equal protection of the laws. This is PRECISELY what this state did! In one word, due process is fairness. Throughout the U.S.'s history, its constitutions, statutes and case law have provided standards for fair treatment of citizens by federal, state and local governments.These standards are known as due process.When a person is treated unfairly by the government, including the courts, he is said to have been deprived of or denied due process. The Fourteenth Amendment PROHIBITS the deprivation of liberty or property without due process of law. A due process claim is cognizable ONLY if there is a recognizable liberty or property interest at stake. NON SMOKERS liberties nor properties were at stake, thus this smoking ban is UNCONSTITUTIONAL! There are many restaurants that have already gone smoke free thus the non-smokers have a choice. The smokers now have NO choice. In my opinion, these so called congressional officials that passed this smoking ban did not do their jobs upholding the laws of the United States Constitution that they took oaths to do when they accepted the office. I find this to be an impeachable offense and hope to see their removal. I also hope to see smokers, tobacco company employees and even non-smokers who believe in citizens rights, support only the restaurants that still believe in personal freedoms and welcome smokers. Are there any tobacco company lawyers out there? Are there any lawyers out there in pursuit of justice that would dare to challenge the NC General Assembly?
Sadly, this is just the start of total government control. Watch Fox News cable channel to find out what the socialist democrat controlled congress has in store. Hopefully, we will survive long enough to vote them out.

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