Posted on Thu, Apr. 27, 2006

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House snuffs out bill to ban smoking at bars

By RODDIE BURRIS

rburris@thestate.com

There will not be a statewide smoking ban inside establishments that serve food and alcohol — this year.

In what several legislators said was a “surprisingly close” vote, the House on Wednesday turned back a maverick measure designed to end smoking in restaurants, bars and most recreational facilities.

Marked by some of the most raucous debate of the session so far, a combination of business and tobacco interests held off impassioned pleas about health concerns.

“It’s basically dead, but if my friends were present, this would have passed,” said Rep. Todd Rutherford, D-Richland, the bill’s sponsor, after House members voted 55 to 52 to send the bill back to committee.

“Still, it’s a great day when we can get a bill banning smoking this far in South Carolina,” Rutherford said.

Seventeen House members did not vote on the final measure, which attracted support across political party lines.

The controversial bill survived an initial attempt to kill it — when Rep. Dan Cooper, R-Anderson, asked for the bill to be sent back to the House Judiciary Committee — by just one vote.

An hour later, four fewer House members cast a vote on the bill, dropping its support down from 56 members to 52.

“This wasn’t a smoking ban,” but a bill to interfere with small business interests in the state, said Rep. James Battle, D-Marion, a tobacco businessman who opposed the bill.

“One of these days, it will pass.”

Legislators took to the podium to speak on the smoking ban bill striking up tobacco memories that ranged from the recent death of “Superman” Christopher Reeve’s wife, Dana, and old episodes of the classic western “Gunsmoke,” to their own health allergies related to cigarette smoke.

Battle cited a California study he said showed there is no causal relationship between bad health and secondhand smoke.

“Don’t you think small businesses have too many regulations now, where government comes in tells us what to do?” asked Rep. Nikki Haley, R-Lexington.

“I wasn’t in favor of this bill,” said Rep. Ben Hagood, R-Charleston, when it came before the full Judiciary Committee. Citing regulations that prohibit smoking in government buildings, Hagood said, “All credible scientific studies have found that secondhand smoke is bad. It causes death.”

Rep. Robert Leach, R-Greenville, opposed the bill, despite being a Christian. “I don’t smoke because I’m a Christian,” Leach said. But, “This is a big step today, and I want you to think about this before you vote,” he warned.

Leach said the government had no right to interfere in such individual decisions as smoking.

Rep. Joe Neal, D-Richland, argued the state has as much a responsibility to regulate smoking as it does to mandate people to wear seat belts, or refrain from driving while drunk.

“I don’t see the difference here — this is to save lives,” Neal said.

House Judiciary chairman Jim Harrison, R-Richland, said, “I was surprised it was as close as it was. Based on what we saw here today, I’d say the House is very closely divided on whether to ban smoking.”

Reach Burris at (803) 771-8398.