Senator wants to usurp local smoking bans

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By KEVIN O'HANLON / Lincoln Journal Star

Concerned that Nebraska could end up with a hodgepodge of local smoking bans, a lawmaker wants to put the issue under state control.

Sen. Pat Bourne of Omaha introduced a bill (LB730) on Wednesday that would preclude cities from enacting smoking bans that are tougher than existing state law.

The bill comes less than a month after a citywide smoking ban went into effect in Lincoln and as the Omaha City Council prepares to consider its own ordinance.

The Nebraska Clean Indoor Air Act allows businesses to choose whether to allow smoking, ban it or allow it in designated areas.

Bourne's measure would be retroactive, meaning it would invalidate Lincoln's ban, which was approved by voters in November.

"I think we need some uniformity and consistency," Bourne said. "It's a contentious issue and I think it should be a state issue."

Lincoln City Councilman Terry Werner said Bourne was ignoring the health of workers in places where smoking is allowed.

"If he wants it to be fair, why doesn't he propose a ban for the entire state?" Werner said.

Police began enforcing Lincoln's smoking ban on New Year's Day. It covers all public places, including bars and restaurants.

Omaha City Councilman Marc Kraft has proposed an ordinance that would ban smoking in all businesses except bars that do not have kitchens. The council is to discuss and possibly vote on the measure Tuesday.

Kraft rejected Bourne's idea, saying that smoking bans reduce health costs.

"It's very pathetic that they feel that we do not have the right for local control," he said. "Senator Bourne should be putting his efforts into helping community health. By taking away local control ... he is not helping our Medicare and Medicaid tax dollar payout."

Bourne said smoking bans impinge on the rights of business owners.

"This is an incredible infringement upon a business owner's right to run his or her business," Bourne said.

Dave Moreland, co-owner of O'Rourke's Tavern and Sportscasters Bar & Grill in Lincoln, agreed.

"They are going in and telling businesses how to run their businesses," Moreland said. "It's private."

Bourne added that a smoking ban in Omaha could be particularly unfair because it could not be enforced in cities such as Millard, which are contiguous with Omaha but have their own laws.

"You can see some loss of income to those bars and restaurants that are in Omaha but adjacent to a community that is right outside of Omaha," Bourne said. "When you go to this level of government intervention in a person's livelihood, I think it is inappropriate."

Bruce Dart, head of the Lincoln-Lancaster County Health Department, disagreed with Bourne's concerns.

"The health of the community is more of a concern," he said. "They can use all the reasons they want, but it's all about the tobacco lobby trying to make sure they are not regulated. They don't care about people's health."