Smoking Ban in NJ

N.J. ban on indoor smoking passes: The Assembly sent the bill, with an exemption for casino floors, to Gov. Codey. He is expected to sign it Sunday.

The Philadelphia Inquirer (Philadelphia, Pennsylvania) (via Knight-Ridder/Tribune Business News); 1/10/2006

Byline: Kaitlin Gurney

Jan. 10--TRENTON -- Assembly lawmakers gave the final nod yesterday to a bill that will make New Jersey the latest state to bar smoking in restaurants, bars, and most other indoor public places. The ban excludes the gambling floors at Atlantic City's casinos, a compromise that prompted weeks of debate and nearly an hour of testimony yesterday before the 64-12 vote on the last day of the lame-duck session. Although a number of lawmakers said they regretted the exemption, saying it would subject the state's 50,000 casino employees to secondhand smoke, most conceded that the bill would not have passed without it.

"Politics is the art of the possible, and this measure is one of the most important pieces of legislation the Assembly will ever pass," said Assemblyman Herb Conoway (D., Burlington), a physician who cosponsored the bill. Gov. Codey, a smoking-ban champion who in November brokered the casino compromise with South Jersey lawmakers concerned about Atlantic City's economy, said he expected to sign the legislation Sunday. He praised Assembly lawmakers for their action, saying New Jersey would become "a healthier state." "We talked about this for a long time, and it's about time we did it," Codey said last night. The smoking ban will become law 90 days after Codey signs it. Smokers or business owners who violate it will be fined up to $1,000 for each offense.

The Assembly also gave final legislative approval to another antismoking measure Codey supported. That legislation will raise the legal age for cigarette sales from 18 to 19. Bar and restaurant owners opposed the smoking ban, citing economic concerns. But the measure received passionate support from the American Cancer Society and other public-health advocates, who broke into applause and cheers from the gallery after the vote. "This vote removes the stigma of New Jersey as the ashtray of the Northeast," said Tom Duffy, executive vice president of the New Jersey chapter of the American Cancer Society. Connecticut, Delaware, Maine, Massachusetts, New York, Rhode Island and Vermont have also passed statewide smoking bans with varying restrictions. Philadelphia is considering a similar proposal. State Sen. Shirley Turner (D., Mercer) announced last night that she would sponsor a bill during the new legislative session, which begins today, to go one step further and ban smoking from casino floors. "If the mom-and-pop stores and the small restaurants have to ban smoking, the ritzy casinos should, too," she said. But Sen. John Adler (D., Camden), who fought for nearly a decade for the ban's approval and was a primary sponsor, said a ban excluding casinos is "as far as the Legislature is prepared to go for now." He cited data from New York City showing business has improved for bars and restaurants since smoking was banned. In Delaware, by contrast, revenue at racetracks equipped with slot machines fell after smoking was banned, Adler noted. "Politics is about getting done as much as you can get done," he said. "Two years ago, it would have been unthinkable to pass a smoking ban that would cover restaurants, bars and country clubs. It's terrific we've moved so far."

The state sets a dangerous precedent by bending legislation to suit the powerful casino lobby, Assemblyman Richard Merkt (R., Morris) said. "This says that in our state if you're a big business, you get concessions, but if you're a small business, you get the back of the hand," he said. Assemblyman Guy R. Gregg (R., Morris), a former restaurant owner, argued that the state should leave decisions about smoking preferences to individual businesses. Two-thirds of the state's restaurants outlaw smoking, and even more allow smoking solely at their bars, he said. "Our system has worked, but here we are trying to mess with the system," Gregg said. "If this is about public health, there should be no exceptions. Once you make an exception, you lose your credibility." The vote did not follow party lines, with Democratic restaurateurs opposing the proposal while Republican public-health advocates supported it. Assemblyman Bill Baroni (R., Mercer) stood up to support the legislation, arguing that "this ban may not be perfect, but perfect does not have to be the enemy of the good." Votes on Ban Below are the New Jersey Assembly members who voted against the Smoke-Free Air Act. Two others abstained, and one legislator was absent. Voted against:Christopher Bateman (R., Somerset), Peter J. Biondi (R., Somerset), Michael Patrick Carroll (R., Morris), Neil M. Cohen (D., Union), Christopher J. Connors (R., Ocean), Joseph Cryan (D., Union), Michael J. Doherty (R., Warren), Guy R. Gregg (R., Morris), Alison Littell McHose (R., Sussex), Richard A. Merkt (R., Morris), Samuel D. Thompson (R., Middlesex), and Jeff Van Drew (D., Cape May).

Abstained:Paul DiGaetano (R., Essex) and James W. Holzapfel (R., Ocean). Absent:Evelyn Williams (D., Essex). Contact staff writer Kaitlin Gurney at 609-989-7373 or kgurney@phillynews.com.

Copyright (c) 2006, The Philadelphia Inquirer

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