BANNED: Supporters mostly pleased with bill, but opponents say it violates rights

RALEIGH -- Smoking will be outlawed in every restaurant and bar in North Carolina starting early next year.

After months of vigorous debate, the N.C. General Assembly gave final approval yesterday to a bill that marks a historic break with the state's long and lucrative tobacco legacy. It makes North Carolina the first major tobacco-producing state to pass such a restrictive ban on smoking.

The bill is not as comprehensive as its sponsors had hoped. For instance, it does not ban smoking in such indoor workplaces as offices or factories.

But supporters said that it is a major step in protecting North Carolinians from secondhand smoke, which the U.S. surgeon general said in 2006 "is not a mere annoyance, but a serious health hazard that causes premature death and disease in children and nonsmoking adults."

The ban will take effect Jan. 2.

"I think this bill has come a long way -- it's had as much debate as any bill has ever had," said Rep. Hugh Holliman, D-Davidson and the majority leader of the N.C. House.

"Certainly I think by removing workplaces, it's not the bill that we would like to have. But maybe that's an argument for a later date."

Now that it has passed the legislature, the bill goes to Gov. Bev Perdue, who is expected to sign it.

Perdue, a Democrat, released a statement yesterday praising the bill. She said that its passage represents a historic day for the state.

Opponents argued yesterday, as they have all along, that the bill violates the rights of business owners. They said that the state should not criminalize the use of a legal product on private property.

"This is about the freedom and the right to do on your property what you see fit," said Rep. David Lewis, R-Harnett.

Opponents also criticized a provision in the bill that will allow local governments to adopt local smoking ordinances that are more restrictive than the state law. For instance, a county could decide to ban smoking in all workplaces in the county, not just restaurants and bars.

"This is going to create a patchwork of laws that are going to be confusing to people, that are potentially going to be unfair," said Rep. Thom Tillis, R-Mecklenburg.

A long path to passage

The bill, House Bill 2, has gone through numerous versions in the 31/2 months since Holliman filed it on the first day of the legislative session.

His original bill sought to ban smoking in virtually all businesses.

On April 2, the House approved an amended version of the bill that would have banned smoking in restaurants and most other businesses, but not in such age-restricted venues as bars.

Then the N.C. Senate amended the bill further by applying the ban to all restaurants and bars, regardless of any age restrictions, but removing other businesses from the ban. The Senate approved that version Monday.

Yesterday, the House had to decide whether to agree to the Senate's version or whether to send the bill to a conference committee where a team of legislators would try to work out a compromise.

The House voted 62-56 to accept the Senate's version, despite arguments from some House members that any smoking ban should contain an exemption for adult-only businesses.

That is the position of Reynolds American Inc., the tobacco company based in Winston-Salem. Reynolds is OK with general restrictions on public smoking but believes that adults should be able to smoke in age-restricted bars and nightclubs.

David Howard, a spokesman for Reynolds, said that the company is disappointed by the General Assembly's action, and he said that yesterday's close vote indicates that there is still wide disagreement on the matter.

The N.C. Alliance for Health applauded the legislation, but said that it is not perfect because it does not achieve smoke-free workplaces for all employees.

Twenty-five other states and the District of Columbia have already passed complete bans on smoking in restaurants and bars, according to the Campaign for Tobacco-Free Kids. None of those states are in the South.

Earlier this year, Virginia passed a partial ban on smoking in restaurants and bars. It permits smoking in separately ventilated rooms.

Under the North Carolina ban, smoking will continue to be allowed on patios or in other outdoor areas of restaurants and bars. And the ban does not apply to private clubs, such as country clubs, or to cigar bars, which are defined as age-restricted bars that generate at least 25 percent of their revenue from the sale of cigars.

People violating the ban would receive a written warning for the first two violations and would be fined $200 on subsequent violations.

For Holliman, the passage of a broad statewide smoking ban has been a long journey. He is a survivor of lung cancer that he believes was caused by exposure to secondhand smoke.

Three times in the past five years he has sponsored and fought hard for legislation meant to restrict smoking in restaurants and other places. His two previous efforts did not make it through the House.

Local businesses will adapt

At restaurants and bars in Winston-Salem that allow smoking, owners said yesterday that they don't believe the smoking ban will hurt their business, as long as all of their competitors abide by the ban.

Lance Sawyer, a co-owner of First Street Draught House, said that the ban may in fact help his business by attracting people who don't like secondhand smoke.

Those people might include Becky Bennett, a patron at First Street last night.

"I start coughing easily when I'm in a place where there is smoking," she said.

At the Omega House restaurant on Peters Creek Parkway, two patrons had differing opinions about the ban.

"People ought to have the right to choose to smoke," said Dallas Smith, a smoker.

But his wife, Patricia Smith, said she agrees with the ban because she has asthma and is bothered by secondhand smoke. When the couple is at home, Dallas Smith goes outside to smoke.

At Carlisle's Pub on Hawthorne Road, one employee, Cameron Thornton, said that her views are mixed.

"I'm trying to quit smoking, so it is good for me," she said. "But this is an adult establishment. If people want to smoke, they should be able to."

■ James Romoser can be reached at 919-210-6794 or at jromoser@wsjournal.com.

■ John Hinton can be reached at 727-7302 or at jhinton@wsjournal.com.

■ Journal reporter Richard Craver also contributed to this report.