Ann Smith was sitting recently in a Columbia restaurant looking over a menu.

But the Charleston resident lit up when asked about a new effort to ban smoking in public restaurants statewide.

“That’s bull!” she blurted out, puffing on a cigarette and waiting to order lunch at John Paul’s Armadillo Oil Company restaurant. “That’s what I think about it.”

Not everyone agrees.

State Rep. Todd Rutherford, D-Richland, is aiming to snuff out smoking in places like the Assembly Street eatery.

He is advocating a bill that adds restaurants and recreational facilities to the growing list of public establishments where smoking is prohibited. Bars across the Palmetto State also would be included.

But in a state where tobacco remains one of the largest cash crops, and legislators steadfastly have refused to raise the state’s lowest-in-the-nation tax on cigarettes, the fate of Rutherford’s bill is murky.

The bill failed to gain traction in a legislative hearing last week. It is set to be debated further in a House Judiciary subcommittee this week.

“What I’m asking y’all to do today is take a stand — a somewhat moderate stand,” Rutherford said to the committee. “It’s time we stop ignoring the reality that cigarette smoking, especially in a closed environment, can be toxic.”

Rutherford’s bill makes smoking in prohibited areas a misdemeanor, punishable by a $50 to $100 fine to an individual on a first offense and $250 per citation thereafter.

Establishments that fail to comply with the smoking restrictions could be fined $200 for a first offense and $500 for each subsequent offense.

“I’m all for it,” said Roy Chamlee of Greenville, a former four-pack-a-day smoker who sat far enough away from Smith at John Paul’s to likely avoid inhaling her second-hand smoke.

Chamlee, who said he quit because he didn’t want to smoke in front of his children, sees at least two sides to the public smoking debate— public health and convenience.

“What I hate is to go into a public restaurant and have to wait to eat while there are empty smoking tables around,” Chamlee said.

The simmering State House push comes as smokers increasingly are separated from nonsmokers by governments, by businesses and even by whole countries.

Rutherford’s bill has attracted attention from public health advocates and restaurant groups alike, though neither side has put its lobbying machine into high gear.

‘TOBACCO IS LEGAL’

Ten states and the District of Columbia have laws banning smoking in all public workplaces including bars and restaurants. More, including South Carolina, limit smoking in general workplaces.

Earlier this month, the Virginia Senate passed a public smoking ban, though observers say it is unlikely that state’s House of Delegates will follow suit.

Also, Britain passed a total smoking ban in its pubs, clubs and private members clubs, joining Ireland, which passed a ban last year, Norway, New Zealand and others.

In the United States, Georgia, California and New Jersey are among the smoke-ban states, but Rutherford said he likes Florida’s anti-smoking law best. It prohibits smoking in restaurants and bars, fines offenders and gives the state’s health agency oversight responsibility.

Among the concerns raised about Rutherford’s bill is an amendment he proposed directing that citations be issued by police officers, and another that state health officials inspect restaurants for compliance.

“You mean you want a Columbia police officer to walk in and give out a citation for smoking a cigarette?” asked Rep. Walt McLeod, D-Newberry.

“I fully support that smoking is not healthy, but it’s pretty heavy-handed for a police officer to make an arrest for smoking a cigarette. It’s not marijuana. Tobacco is legal.”

Enforcing the ban could cost money, too.

Mark Huff of the state Department of Health and Environmental Control said his agency does not have the manpower to enforce a smoking ban in South Carolina.

Some Charleston leaders proposed a law to ban smoking in restaurants and bars a couple of years ago, but it has languished.

‘A PUBLIC HEALTH ISSUE’

Some popular establishments, such as Lizard’s Thicket, have gone smoke-free without state intervention. That’s a path advocated by some who oppose Rutherford’s bill, including Tom Sponseller, president of the 64-member Hospitality Association of South Carolina.

Sponseller said a growing number of hotel chains, independent Myrtle Beach resorts and other restaurants, such as Fatz Cafe, also have gone smoke-free as a business decision.

“It is our position that it should be left up to individual business owners,” Sponseller said.

Some operators, though, don’t see allowing smoking as affecting business.

“At lunch time, I don’t see it affecting business that much at all,” said Mike Parker, general manager at LongHorn Steakhouse in the Vista. “Typically, folks are ready to eat and get back to work. At night, I don’t know. Our smoking section fills up and stays filled up. People want to relax. So, it may affect people’s decision to go out at all. I really don’t know.”

Lisa Turner, public policy manager of the American Cancer Society, said new studies linking breast cancer and second-hand smoke should be enough to cause alarm among smokers and nonsmokers alike.

“From our perspective, it’s a win on a public health issue,” Turner said.

On that point, not everyone sees a victory.

“I think this is wrong,” said Keith Ruegsegger of Greenville, in Columbia last week for a pest control convention and standing outside the downtown Marriott smoking a small cigar.

“I understand the health concerns, but if they ban smoking, they ought to ban alcohol. There’s more harm done from alcohol than from smoking ... .”

Reach Burris at (803) 771-8398 or rburris@thestate.com.