State Senate Passes Restaurant Smoking Ban

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The debate began conventionally enough, with the smoking ban's lead sponsor -- Nashua Senator David Gottesman -- pitching the measure as a safety proposal reflective of the public will.

"A UNH poll from last year showed that 79 percent of our voters support a smoking ban. The people of NH have made up their mind on this issue, and it is the reponsiability of the legislature to answer with definitive action. The state of NH should take this step forward for the benefit of its citizens and visitors."

That line was quickly countered by Wakefield Senator Joe Kenney -- who suggested that such numbers means market forces will deal with the hazards of second hand by themselves their own accord……He also stressed that further regulating smoking would be tantamount to meddling with NH's very identity.

"Here is an opportunity to leave it in the hands of the business owner so we can keep New Hampshire New Hampshire."

The substantive arguments pretty much stopped there…….What followed was a Republican strategy to introduce amendments to broaden the bill's reach. These proposals would have barred smoking in dorms at UNH; in public housing; in treatment centers; in veterans and foster homes; in function rooms and banquet halls; at outdoor events attended by more than 50 people; at fraternal organizations; at resorts, and at state buildings.

"There are 8 amendments that protect everybody."

That's Manchester state senator Ted Gatsas, who last year, as Senate president lead a succesful fight against the smoking ban……..

"I think it's important that we protect everybody- that's what the crust of this bill is. I would have though the amendments would have come from the other side. I would ahve thought you would have brought these amendments in to protect everybody -- not just a select few."

Each one of the amendment was turned back in a near party line vote………Along the way, Senators clashed over whether it was proper to make late-stage changes to the proposal on the senate floor without public input…….There was also plenty of motive questioning, and more than a few exchanges like this, where Democrat Joe Foster asked Milford Republican Peter Bragdon, to back a future bill drawn from Bragdon's own floor proposal to ban all smoking in foster care settings..

"Will you join me if your amendment fails in sponsoring legislationthat deals with this issue?"

"I'd be willing to review any legislation you sent my way."

On the amendment, that you have written?

"I'd have to review it."

In the end, the original measure passed 17-7……All Democrats save for Rochester Jacqueline Cilley, were in the majority…….They were joined by a 4 Republicans -- Peter Bragdon, Bob Odell of Lempster, Mike Downing of Salem, and Shelia Roberge of Bedford……..Despite the final tally, Hudson GOP Senator Bob Clegg was quick to cast the vote as democrats lording their new power over Republicans.

"This is just flexing muscle. There was nothing meaningful done today, nothing."

Clegg's opinion wasn't shared by the many public heath advocates who hailed the bill's passage……These include the American Cancer society, the American heart association, the lung association of NH, and the campaign for tobacco free kids…. Senate president Sylvia Larsen also saw things differently……..She said the passage of the smoking ban was simply the Senate making good policy.

"The public has asked for no smoking in the bars and restaurants in NH, like the rest of the northeast states, and that's what we've done."

Larsen added that the issues raised by Republicans were worth debating in the future. The measure now moves the t house where it is expected to pass……Governor Lynch has said he will sign the bill into law should it reach his desk.