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Don't hold breath on statewide smoking ban
SUSAN WEINSTEIN, Gazette Staff Writer July 08, 2002
RAYNHAM-- Local residents and officials hoping to stamp out public smoking through a statewide ban had better not hold their breath.
While successful in curbing smoking and youth access to cigarettes, the Massachusetts Tobacco Control Program is not aggressively pushing for a statewide prohibition.

And with reason.

No-smoking activists are concerned that a weaker state law could undo the more stringent legislation that has been passed on a local level in recent years.

"The tobacco industry knows it can pass some watered down state law that would pre-empt lower government regulations," said D. J. Wilson, an attorney for the Massachusetts Municipal Association and liaison for the tobacco control program.

In the mid-1990s, California became the first state to ban smoking in restaurants, bars and casinos as an extension of a workplace smoking ban. The law was not meant to criminalize smoking, but to give employees a workplace free of secondhand smoke, state officials there said.

Wilson said California's ban started on a local and county level and resulted in the same "patchwork quilt" evident today in Massachusetts, where no-smoking communities border on those allowing patrons to light up.

But he said the California model cannot be replicated here because of a key difference in geography. In the Golden State, large population centers are far from state borders.

Restaurant owners are worried that business will drift over the border creating the same "unlevel playing field" that drives the opposition here.

"The issue is most contentious along the New Hampshire state line," Wilson said.

He added that he is closely watching to see how a ban recently enacted in Delaware, a small state like Massachusetts, works.

The group supported a bill sponsored two years ago that sought to bar public smoking across the state.The tobacco industry and representatives of the Massachusetts Restaurant Association testified at hearings and the bill never made it out of committee.

During the hearings, Wilson said restaurant workers were reluctant to testify because they had been inundated with information from their employers and never heard the opposing viewpoint.

Proposed smoking bans have met with mixed results in southeastern Massachusetts communities. The so-called white hole of still-smoking towns is now dotted with color as bans have passed in Norton and Easton.

In May, however, Raynham voters shot down a proposed ban after opponents voiced concerns about difficulties in enforcement, loss of business and overloaded health boards.

Raynham Health Agent Alan Perry said a lot of towns regret their smoking bans, as their health boards become inundated with new health concerns like bioterrorism threats and meningitis.

Raynham Selectman Gordon Luciano insists that a statewide ban "can be done here and can work."

"It may takes compromise but achieving an acceptable goal is acting in the best interests of the public health," Luciano said.

Wilson said statistics do not bear out the fears.

"A lot of the arguments have not changed since Day 1. I'm amazed that we got this far in eight years," he said.

©The Taunton Gazette 2002
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