Cigar Lover Lobbies for Smoking in Arizona Restaurants

From Howard Fischer at Capitol Media Services:

A self-proclaimed cigar aficionado is launching an initiative drive to help preserve his ability and that of other smokers to light up in restaurants and bars.

The measure would let business owners decide whether their establishments have to be smoke free. But those who choose to permit customers to indulge who have to post a “conspicuous sign” that smoking is allowed inside.

These businesses also would have to tell would-be employees that smoking is allowed, permitting them to decide if they want to work their anyway.

But Eric Ulis, who created the “Arizona Cigar Lobby” of tobacco shops, said Tuesday that nothing in his measure would prohibit cities from enacting their own tougher ordinances.

Backers need 122,612 signatures on petitions by July 6 to qualify for the November ballot. Ulis acknowledged that the main function of his petition drive is to provide voters an alternative to a competing measure being sponsored by health groups.

That measure, unveiled in August, would outlaw smoking in restaurants, bars, auditoriums and stadiums. It also would make it illegal to smoke in offices, including those where the smoker is the sole occupant.

It would allow hotels to have up to half their rooms still designated for smoking.

And it would preclude cities and counties from approving more lenient measures.

Ulis said that proposal, being backed by the local lung, heart and cancer societies as well as the hospital association, goes too far in interfering with property rights of business owners. At the same time, he said, the notice requirements to customers and job applicants protects their rights.

“These folks, armed with that information, can decide whether they want to enter the establishment,” he said. “If they feel like some second-hand smoke is going to maybe waft over into their section they can choose not to go.”

Similarly, he said people who don’t like smoke could opt to seek employment elsewhere.

But Bill Pfeifer, president of the Arizona Lung Association, said this isn’t an issue that should be one of choice. “When you know you have a known health threat … it then is the responsibility to protect the public health,” he said.

Ulis said the tobacco shops that make up the Arizona Cigar Lobby are interested because many have outside contracts with bars, setting up stands on counters for customers to purchase cigars. That business would disappear if these bars became smoke free.

He also said he and the cigar store owners fear that passage of the competing initiative would pave the way for even more restrictions.

The health group measure would still allow customers in tobacco shops to light up, but only if these were in stores or rooms separately ventilated from any other establishment. Smoking on outside patios also would remain unaffected.

But Ulis said that the state of Washington approved a more far-reaching measure that even bans smoking in both of those situations.

Ulis said he already has approached Don Isaacson, the local lobbyist for tobacco producer R.J. Reynolds, to help get the money to ensure the measure qualifies for the ballot. But Isaacson said no decision has been made whether to provide any cash.

Posted on Wednesday, December 21st, 2005 at 11:35 pm.