COLUMBIA ? In one of the closest votes of the year, the state House Wednesday squashed legislation that would have banned smoking in restaurants and bars.

In a lively debate that lasted about an hour and a half, more than 20 members argued their point using anecdotes, research about whether secondhand smoke is dangerous and a discussion of business owners' rights.

The vote to move the bill back to committee, essentially giving it no hope of passing this year, was 55 in favor to 52 opposed. However, the same vote taken earlier in the day was a lot closer: 55 to 56.

Maybe it was just the changing number of representatives that tipped the scale. It might have been pressure from tobacco lobbyists. Or maybe it was the dialogue.

"This is hurting real people," said Rep. Chip Limehouse, R-Charleston. "This is a disgrace in 2006 to be talking about whether cigarettes hurt you or not. They kill you. It's not debatable."

Rep. Bob Leach, R-Greer, said he is afraid the ban might lead to too much government interference.

"I believe in America," Leach said. "If we start today with the government telling us what we can do and not do, tomorrow (the bill's sponsor) will come in here and tell us women can't wear perfume."

As far as he let on, that sponsor, Rep. Todd Rutherford, D-Columbia, doesn't plan to forbid Tommy Girl perfume. But he said he'll reintroduce the smoking ban next year.

"It's a great day in South Carolina when a bill about banning smoking gets on the floor and has this much debate," said Rutherford, who noted that smoking in the House chambers was long ago banned. "The battle will be trying to convince the opponents that it is not a nuisance. It's toxic."

Pam Hennet, owner of Island Tobacco on James Island, said she hopes the legislation is gone for good.

"We live in America and we should have the right to make the decision of whether we smoke and where we smoke," said Hennet, who is a nonsmoker.

Lisa Turner, director of state tobacco initiatives for the American Cancer Society, said the majority of voters in South Carolina want smoking banned.

A poll of 500 state voters released in January found that 68 percent said smoking should be banned in all work places, Turner said. The city of Charleston has wrestled with the question for years.

The proposed ban divided House members across party lines.

"I don't think it's fair," said Rep. Kenneth Kennedy, D-Greeleyville. "It's really going too far intruding into my life."

Fellow Democrat, Rep. Joe Neal of Hopkins argued that the state adopts laws like requiring seat belts or punishing people who commit violent crimes. He said the ban would have saved lives, too.

Rep. Jim Merrill, R-Daniel Island, said that outside of major health issues, smoking is a nuisance. Being in smoky places gives him sinus infections, he said.

Meanwhile, Rep. Phil Owens, R-Easley, said people have a choice to go to establishments that allow smoking or not. He compared the ban to George Orwell's book "1984" about totalitarian government. "This is not 1984," he said. "This is 2006."

Reach Yvonne M. Wenger at 745-5891 or ywenger@postandcourier.com.