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Wednesday, June 2, 2004

Smoking ban needs repackaging


Editorial

Total bans on indoor tobacco smoking in New York, Lexington, Toledo and other cities have prompted some Cincinnati officials to reopen the city's once-trailblazing regulations. Now almost 20 years old, they ban smoking from most workplaces, except bars and bowling alleys, and let restaurants create separate smoking sections.

Cincinnati needs to recognize which way the smoke is blowing, clean up its indoor smoking regulations and ideally seek a uniform policy for workplaces.

We could start by ending the sham that restaurants can simply declare some tables "smoking" or "non-smoking," and that tobacco smoke magically will respect that imaginary line.

Vice Mayor Alicia Reece, who chairs City Council's health committee, says she will ask council to appoint an advisory panel to make recommendations.

A proposed total smoking ban in all workplaces, including bars and bowling alleys, deserves a full airing. Bans have been most successful in communities where the public shows strong support. Studies and testimonials from restaurant and bar owners in recent years have reduced to ashes many of the old arguments that smoking bans are bad for business. Many restaurants that go smoke-free find their business increases.

Cincinnati has an added incentive to open a new round in the debate. In August 2002, the Ohio Supreme Court in a Toledo-Lucas County case ruled that unelected health boards cannot on their own authority ban smoking in public places.

Although that ruling undercut the legal basis for Cincinnati's 1985 anti-smoking regulations passed by the Board of Health, no one here challenged the local rules. But City Council still needs to pass an updated law secure against court challenge.

There is also a workplace equity issue at the heart of this debate, apart from the secondhand smoke that customers may be exposed to. Bars, bowling alleys and restaurants also are workplaces for many. Waitresses reportedly rank near the top of employee groups that develop lung cancer. City Council needs to examine on what grounds those workers should be excluded from indoor smoking protections.

"Even the tobacco companies admitted secondhand smoke is harmful," said Cincinnati Health Commissioner Malcolm Adcock. "That was a big step." He urges people to choose businesses that are smoke-free.

But some here are still pulled in opposite directions on the competitiveness issue. Columbus, Cleveland and other cities are moving toward total bans, but Cincinnati entertainment districts face tobacco-friendly restaurants and bars in Northern Kentucky and other parts of the region. Cincinnati should take the lead in the region by securing healthy workplaces - and play places.