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Governor's health kick good for Arkansas Sunday, Apr 30, 2006 By Dennis Byrd "Smoking or non?" the restaurant owner asked two patrons who walked in as I waited for my carry-out order. "Non," came the quick reply. When the owner returned after seating the couple, I offered the comment that he wouldn't have to ask that question much longer, since legislators approved a workplace smoking ban, including restaurants, in the recent special session. "I can't wait!" he answered. Another customer waiting for his take-home meal chimed in to complain that the last time he had eaten at that restaurant he was bothered by smoke from the smoking area, which was on the other side of the relatively large dining area. "I couldn't enjoy my meal," he said. "Even though it was all the way across the room, you could smell it." I asked the owner why he didn't go ahead and implement the smoking ban, which takes effect in July. The answer was, in a nutshell, he wanted the government to be the bad guy. Plus, his wife didn't want to do it until the law took effect, and she's the boss, he added. The next night, a TV reporter interviewed the owner/manager of an establishment that serves beer, but also relies on pizza and other food sales. The big question was whether the restaurant/sports bar would ban under-21 guests so it could allow smoking under provisions of the new smoking ban, or whether to go smoke-free. The owner/manager said it would have been much easier if the new law had just banned smoking, period. His dilemma: If he allows under-21 customers into the restaurant, he can't allow anyone to smoke. His smoking patrons may choose a different bar where they can drink and light up. If he allows smoking, he'll have to turn away families, younger-than-21 college students and others who otherwise might choose his restaurant. He would have preferred the same rules for all. The chief architect of the workplace smoking ban was Gov. Mike Huckabee, who has been on a personal and public health kick. The governor's terrific weight loss drew well-deserved accolades. He followed that with a self-help book about his journey, then made improving the health of Americans his theme as chairman of the National Governor's Association. His Healthy Arkansas initiative, which preceded his Healthy America initiative, is paying dividends that will last way beyond Huckabee's 10 years as governor. His diabetes centers in Arkansas address a growing problem and his smoke-free workplace legislation should have a lasting impact. A lesser known health initiative that won approval late in the special session bans smoking in vehicles in which a child under 6 or weighing less than 60 pounds is a passenger. In other words, if a child safety seat is required, smoking is not permitted. City ordinances will not be displaced by the statewide workplace smoking ban; the more restrictive law takes precedence. Fayetteville's law, approved by voters, forbids smoking in bars that serve food. Period. That ordinance will stay in force. In Pine Bluff, where the city smoking ordinance allows smoking in bars, the state law that restricts it to bars where no patron under 21 is permitted takes precedence. The new law also erases what may have become a political struggle between the cities of Little Rock and North Little Rock. Mayor Jim Dailey of Little Rock favored a city ordinance banning restaurant smoking, but wanted other Pulaski County cities to enact the same ban. North Little Rock had not responded publicly to Dailey's recommendation. Now, it's a moot point. That's because "Smoking or non?" soon becomes a nonquestion. ----- Dennis A. Byrd is chief of the Arkansas News Bureau in Little Rock. His e-mail address is dbyrd@arkansasnews.com. |
