Kansas
The Kansas legislature enacted a smokefree law on February 25, 2010 that will finally bring smokefree air to most workplaces. The law takes effect July 1, 2010. Although an important step forward for public health, the legislation unfortunately leaves behind casino workers - ironically in a state-owned casino. Kansas is also home to dozens of strong local smokefree workplace laws, including laws in Tokepa, Salina, Lawrence, Prairie Village, Olathe, Overland Park, and Manhattan.
For more information, visit the Kansas Department of Health's website about the law: www.kssmokefree.org.
To get involved with smokefree efforts, contact the Tobacco Free Kansas Coalition.
Kansas law does not preempt the passage of local smokefree laws. Read more about current tobacco-related legislation in Kansas.
Kansas' 2009-2010 Legislative Session: January 12, 2009 - April 30, 2010 (est.)
American Cancer Society Quitline: 800-QUIT-NOW (800-784-8669)
| Smokefree News |
| Wichita businesses adjusting to new reality as statewide smoking ban takes effect As a statewide smoking ban takes effect in Wichita this week, local restaurants, bars, hotels and clubs are taking steps to make sure they can sustain their businesses while falling into compliance. “We have to do everything the state wants us to do pull our ashtrays, pull our matches,” says David Allan, owner of Mulligan’s Pub near Rock Road and 32nd St. North. “There’s not really a good place for a patio, but we’ll have to put one in, and it will cost me a big chunk of money.” Odds are statewide ban is here to stay f you can't fight City Hall, as they say, you also can't fight a state law trumping a city ordinance — especially one as shortsighted and weak as Wichita's 2008 indoor-smoking ban. The local club owners who failed Tuesday to prevent the statewide law from taking effect in Wichita certainly are entitled to keep up their legal challenge, as are the businesses here and elsewhere trying to fight the state ban on constitutional grounds in Shawnee County. But smoker-friendly Kansas businesses would be wise to move on and update their business plans. In the wake of Sedgwick County District Judge Jeff Goering's decision to lift a temporary restraining order, odds are the state law is here to stay. ... Wichita business scrambles to comply with smoking ban A day after being told they have to follow the statewide smoking ban, Wichita bar Shooters is working to make sure they are in compliance. The business was among more than a dozen in Wichita that fought the statewide smoking ban. A judge ruled against that lawsuit on Tuesday. His decision put the smoking ban into effect immediately in Wichita. Today, workers at Shooters put up no smoking signs and painted lines ten feet from the doors indicating where smokers can light up. They also put out buckets of sand for cigarette butts. ... Judge denies injunction; state smoking ban in effect A Sedgwick County District Court judge ruled Tuesday that a statewide smoking ban should immediately go into effect in Wichita. Judge Jeff Goering denied extension of an injunction being sought by 15 local businesses. The plaintiffs, primarily bars and restaurants, contended in a hearing earlier this month that a Wichita city ordinance regulating smoking in public places was more stringent than the state ban. Therefore, the plaintiffs say, Wichita businesses should be subject to the local, not the state, regulations. The state law says that in cases where a city or county ordinance is more stringent, it should supersede the statewide ban. Under the city ordinance, smoking is prohibited in businesses unless they obtain a special permit for either a smoking room or the entire facility. A smoking room must have a special ventilation system, and to become a “smoker-friendly establishment” facility-wide, businesses must pay a fee, prohibit entry by anyone under 18, get employees to sign waivers saying they agree to work in a smoking establishment, and put up signs noting that smoking is allowed. ... Judge rules in favor of smoking ban; takes effect in Wichita today A judge decides the statewide smoking ban will take effect in the city of Wichita today. The ruling came down this morning and snuffs out the protests of some local restaurant and bar owners. Judge Jeff Goering ruled against the businesses saying the statewide ban is legal. 15 Wichita businesses joined in the lawsuit against the state. Business owners argued they should be allowed to follow the Wichita smoking ordinance instead of the state's. A judge decides the statewide smoking ban will take effect in the city of Wichita today.The ruling came down this morning and snuffs out the protests of some local restaurant and bar owners. Judge Jeff Goering ruled against the businesses saying the statewide ban is legal. 15 Wichita businesses joined in the lawsuit against the state. Business owners argued they should be allowed to follow the Wichita smoking ordinance instead of the state's. Under the Wichita ordinance, businesses could still allow smoking under certain conditions. The statewide smoking ban went into effect July First, but since a judge was considering this case, it didn't take effect in Wichita. Starting today, owners must now comply with the statewide ban ... Smoking ban injunction remains in effect in Wichita until further ruling A judge agreed Thursday to add 12 plaintiffs to a lawsuit aiming to stop a state smoking ban from taking effect in Wichita, but delayed for at least a week or two any further decision in the case. That means a local temporary injunction against the state ban remains in effect, and Wichita bars and restaurants still are subject to a city ordinance regulating smoking in public places. Sedgwick County District Court Judge Jeffrey Goering told a packed courtroom he would take the plaintiffs’ and state’s arguments under advisement and would issue a ruling soon on whether the injunction should remain in place for a longer period of time. ... Judge to hear arguments from smoking ban opponents today Eleven more businesses want to a join a lawsuit that would protect them from a statewide smoking ban. Mort's Cigar Bar, Heat Cigar Bar and Hookah Lounge, and Walt’s Sport’s Bar originally sued the state over the ban. They haven't won yet, but a judge agreed to issue a temporary restraining order blocking the state law in Wichita. The attorney who represents those three businesses confirmed to Eyewitness News that he filed a motion for 11 other businesses to join. ... Businesses Fare Well In Wake Of Ban Kansas smoking ban generally not hurting business (KansasReporter) TOPEKA, Kan. – Quitting smoking cold turkey has not produced economic withdrawal pains in Kansas, at least for the first month of the ban. Although the statewide smoking ban went into effect on July 1, many restaurants that might have been seriously affected already had city ordinances or self imposed rules preventing smoking. Restaurants like Fiorella’s Jack Stack Barbecue, which has locations in both the Kansas and Missouri portions of Kansas City were not affected because the city of Overland Park already had an ordinance preventing smoking in place for years. Others, like Bo Lings a Chinese food restaurant with locations on both sides of the state line, have not allowed smoking within their walls voluntarily. Don Sayler, with the Kansas Restaurant and Hospitality Association, a lobbyist group, estimated about 70 percent of their members were already non-smoking establishments. Furthermore, the Hospitality Association has not received any word from its members about how the smoking ban is affecting business. “We’ve not heard much either way, good or bad,” Sayler said. “So many were already dealing with a ban that there weren’t that many more [who were affected]." ... Kansas goes smoke-free TOPEKA — Smokers at Wichita bars and at private clubs across Kansas can continue to light up, but much of the state goes smoke-free indoors today. In a last-minute ruling Wednesday, Shawnee County District Judge Franklin Theis allowed 31 private clubs statewide that received licenses after Jan. 1, 2009, to continue to allow indoor smoking. Private clubs licensed earlier already were exempt from the ban. Wichitans can continue to smoke indoors where the city's partial ban allows — in bars and in restaurants with separate smoking rooms — at least until a court hearing July 15. The state's ban prohibits smoking in bars, restaurants and other public places. It also bars smoking within 10 feet of an entrance, open window or air intake for a building. It is one of several new laws taking effect today. "We think today is a victory for the principal of the smoking ban and how it is going to help public health around the state," said Attorney General Steve Six after the judge's ruling. ... Six questions with the attorney fighting Kansas' smoking ban In six days, Kansas' ban on smoking goes into effect in a majority of the Sunflower State's restaurants and watering holes. Bar and restaurant owners (and, of course, libertarians) are bristling about the state stamping out smoking, especially provisions in the bill that allow gamblers in state-owned casinos and blue-haired bingo players to keep puffing. Topeka lawyer Tuck Duncan has filed suit on behalf of four establishments, initially seeking a temporary injunction to stop the law. He answered a few questions about his argument against the ban. ... Restraining order delays state smoking ban in Wichita A Sedgwick County judge on Friday issued a temporary restraining order that will prevent a statewide indoor smoking ban from going into effect next week in the city of Wichita. District Judge Eric Yost issued the order, which will allow Wichita businesses to continue operating under the city's smoking ordinance at least until July 15. "To make a long story short, the state law will not be enforced in the city of Wichita on July 1," said Harry Najim, who sought the restraining order on behalf of three Wichita businesses -- Mort's Cigar Bar, Walt's Sports Bar, and Phoenician Room and Heat Cigar Bar & Hookah Lounge. . . . Najim argued in his motion for the restraining order that the city's smoking ordinance is more stringent than the broader state law, which goes into effect Thursday. In his filing, Najim cited a portion of the state law that says, "Nothing in this act shall prevent any city or county from regulating smoking within its boundaries, so long as such regulation is at least as stringent as that imposed by this act. "In such cases the more stringent local regulation shall control to the extent of any inconsistency." City of Pittsburg aligns its no-smoking policy with the state of Kansas In a policy the city plans to formally adopt at Tuesday night's commission meeting, the city of Pittsburg will ban all forms of smoking in city buildings and vehicles. The ban extends to a ten-foot radius around doorways, windows, and air intakes. City officials say it is providing a healthy work environment. "I think everyone has the right to breathe clean air, that is what the lawmakers wanted to pass and they did, so we are going to enforce it," says interim city manager John VanGordon. The policy will also ban littering with cigarette butts on city property, and city employees who smoke must dispose of their tobacco remains in fireproof containers. ... Kansas smoking ban challenged two weeks before it takes effect It was bound to happen: a group of bingo parlors, bars and pool halls in Wichita have challenged Kansas' new state-wide smoking ban alleging that it unfairly exempts state-run casinos. The smoking ban - which prohibits smoking in bars, restaurants and almost every workplace - is set to go into effect July 1. Lawmakers passed the measure earlier this year. The businesses - two bingo parlors and a chain of bars and pool halls in the Wichita area - say it's unconstitutional for the state to set out rules for one businesses that don't apply equally to another, especially when the state stands to make a profit by treating the businesses differently. They've asked a judge to allow them to intervene in an existing lawsuit filed by a private club in Tonganoxie. The club is challenging the law's restrictions on smoking in private clubs. ... Clubs, bingo parlors challenge Kansas smoking ban Four Wichita-area business operators have gone to court to prevent Kansas from banning smoking in many public places, partly because its new law contains an exemption for state-owned casinos. Their attorney said Monday that the law is unconstitutional because it treats similar businesses differently. Starting July 1, smoking will be banned in most public places, including bars and restaurants, and in some private clubs, though not all of them. Critics have pointed out repeatedly that smoking still will be allowed in the gambling areas of up to four new casinos to be built and operated by private developers for the Kansas Lottery. Smoking will be banned in bingo parlors. The Wichita-area businesses argue the law restricts customers' right to associate with whom they choose and denies the businesses equal protection of the law, guaranteed by the U.S. Constitution's 14th Amendment. They want a judge to intervene and block the law's enforcement. ... Kansas Right to Choose files motion to join lawsuit over statewide smoking ban Kansas Right to Choose is now taking legal action in its fight against the statewide indoor smoking ban, which takes effect July 1. The group of more than 50 business owners and others concerned about the ban formed a couple of months ago. It has hired Topeka lawyer R.E. “Tuck” Duncan in its fight. Duncan has filed a motion for intervention on a lawsuit that the Downtown Bar and Grill in Tonganoxie has filed against the state of Kansas over the ban. There’s a hearing in the suit June 29. Duncan says he’s hoping for a temporary injunction on the ban “pending a full court hearing on whether there ought to be a permanent injunction." ... Business Owners Ask Kansas Courts to Stop Smoking Ban Owners of private clubs and bingo operations have asked the courts to stop the statewide smoking ban (HB2221) from taking effect July 1. Attorney Tuck Duncan Friday filed a motion to intervene in a temporary injunction sought by Michael Merriam to stop implementation of the ban while courts hear claims that the ban violates various U.S Constitutional rights. Duncan and Merriam represent bar and bingo owners. The Shawnee County Court will hear the motion to intervene Tuesday, June 29 at 9:30 a.m. Duncan, in an email to interested parties, said, “I want you to know that we do understand the hardship that HB 2221 will create for you. Every effort will be made to tell your story, and to overcome the position that will be promoted by the State of Kansas through the Office of Attorney General — which is these bans have been upheld elsewhere, so why not in Kansas? Why not? Because HB2221 treats the private organizations different from the state, and that is not right!” The ban exempts certain locations, including state operated casinos, but prohibits smoking in most privately owned bars and bingo operations. ... Leavenworth County Commission takes action to comply with state's new smoking law Leavenworth County commissioners responded Monday to the new state smoking law by banning smoking on all county property, including the Leavenworth County Fairgrounds in Tonganoxie. With the measure, no smoking signs will be posted on all county buildings. The commission's action only rubber stamped what was already in the new state law, which become effective July 1. It bans smoking in all public buildings and forbids smoking within a "reasonable distance" of a door, window or ventilation system or where smoke could be expected to enter a building through such openings. ... Changes to smoking ban could affect local businesses As city commissioners change Lawrence’s smoking ban to comply with a new state law, many businesses worry about inconveniencing bar and restaurant patrons when the new policy takes effect July 1. City commissioners confirmed June 8 that it planned to update Lawrence’s existing regulations to comply with state law before it goes into effect on July 1. Six years after the city passed its ordinance, the state has outlined slightly different regulations in the Kansas Indoor Clean Air Act. Fixing the discrepancies between the two is now the primary concern, said Scott Miller, staff attorney of legal services for the city. The newest draft of city ordinance was presented at the City Commission meeting Tuesday. “Some state regulations are more stringent than Lawrence law, some are less,” Miller said. “We are required by law to change the ordinance, if we’re going to have one, to incorporate those provisions that are stricter as defined by the state.” State law more narrowly defines smoking near access points, banning smoking within a 10-foot radius of a doorway or window. This provision has significant implications on downtown business owners who don’t have the property necessary to accommodate regulations and maintain outdoor smoking areas. Frank Dorsey, manager of The Bourgeois Pig, said he expected the new law to affect business operations to a “huge extent. ... Lawrence-Douglas County Housing Authority considering ban in its apartments A new type of smoking ban may be coming to more than 400 Lawrence homes. The Lawrence-Douglas County Housing Authority is considering a ban that would prohibit residents from smoking inside authority-owned apartments, such as Edgewood Homes, Babcock Place, Peterson Acres and Clinton Place. “We understand they are all adults and can make the choice of whether to smoke,” said Barbara Huppee, executive director of the authority. “But there is an issue of social justice for people who don’t smoke but are affected by the secondhand smoke and the impact it has on their property. And then, there’s the risk of fire.” ... Smoke law Lawrence city commissioners need to take the needed steps to preserve provisions in the city’s existing smoking ban that aren’t included in the state ban that goes into effect July 1. The Kansas Indoor Clean Air Act is similar to the local law but there are some important differences. For instance, Lawrence has to accept the stricter state provisions on smoking near building entrances and the percentage of rooms a motel can designate for smoking. However, if Lawrence simply repeals its law and accepts the state law, several important restrictions will be lost. Among those are the existing smoking bans in adult day cares, long-term care facilities, some private clubs and outdoor recreation facilities, such as country clubs. The state’s smoking ban also fails to cover smoking vegetation other than tobacco and may open the door to more businesses qualifying for exemptions granted to tobacco shops. ... Kan. Senate rejects bill to expand gambling The Kansas Senate narrowly rejected a bill late Friday night aimed at reviving the state’s dog- and horse-racing industry by bringing slot machines to racetracks. The vote was 20-19 against the measure. Senators debated the bill for six hours and became mired in a side debate over whether smoking should be banned at state-owned casinos. . . . The debate over smoking overshadowed the reasons some senators are pushing the gambling bill. Supporters argue the state could reap up to $20 million a year from slots at racetracks, plus additional revenues from a southeast Kansas casino. ... Commission refuses exception to smoking ban Pratt, Kan. — The City Commission refused to bend an antismoking ordinance for American Legion Post 86 at a Monday night meeting that also saw the commissioners vacate a block of Iuka Street to make way for a new fitness facility. The Legion’s Rick Wittig, who does not smoke, told the Commission the city’s ban could spell the end for the organization even though a more relaxed state ordinance is set to take effect July 1. “We’re hurtin’,” said Wittig. “July may be the end of it.” The new state ordinance grants an exception to private clubs, such as the Legion. The city ordinance applies equally to all businesses, although it allows smoking to begin after 10:30 p.m. ... State of Kansas launches website to smooth implementation smoking ban TOPEKA | Kansas officials are launching a new website to help with the implementation of a new statewide smoking ban. Lt. Gov. Troy Findley and the Kansas Department of Health and Environment will announce the new site today. The ban was signed in March by Gov. Mark Parkinson and takes effect July 1. It prohibits smoking in most enclosed public places, businesses, taxis, limousines, restaurants, bars and within 10 feet from entrances and air intakes at such facilities. ... Kansas House declines to reconsider new law banning smoking bars, other ... TOPEKA, Kan. (AP) - The Kansas House has refused to reconsider a new state law that bans smoking in bars, restaurants and other public places beginning in July. Legislators approved the ban last month. Some House members wanted to reconsider parts of it, including an exemption for the gambling areas of state-owned casinos. The House had planned a debate Thursday on delaying the smoking ban until next January. But the chamber decided on a voice vote to send the matter back to a committee, where it's likely to die ... Petition drive against Topeka smoking ban fails TOPEKA, Kan. (AP) - Organizers of a petition drive to overturn Topeka's smoking ban have failed to gather enough signatures. Charles Baylor, chairman of Topekans Against the Ban, says the group missed a deadline of last Wednesday to turn in any petitions. The group began its petition drive last October seeking to repeal the ban on public smoking indoors and at places of employment, with some exceptions. The ban started Dec. 4. Opponents wanted the city to reinstate smoking rules the city had previously used, or give the public a chance to vote on the issue. ... New group of business owners and others forms to fight indoor smoking ban More than 50 business owners and other people concerned about the state’s new indoor smoking ban met Thursday for the first meeting of Kansas Right to Choose. “Everybody’s upset,” says Ali Issa, who hosted the meeting at his Heat Cigar & Hookah Lounge. The group is trying to organize a public meeting for next week for other business owners “and also people who do not smoke but don’t like the idea of the state telling you what to do,” Issa says. He says people from around the state are joining the group. Theis to hear Hot Pockets case Shawnee County District Judge Franklin Theis has been assigned to hear a lawsuit filed last week against the city of Topeka by Jim and Sharon Suwalski, court records show. The case initially was assigned to Judge Charles Andrews, who recused himself from hearing it Monday while noting that he and Bruce Harrington - the attorney representing the Suwalskis - practiced law together for about 15 years. Recusal refers to the act of abstaining from participation in an official action, such as a legal proceeding, due to a conflict of interest of the presiding court official. ... Smoking case judge recuses self Shawnee County District Judge Charles Andrews recused himself Monday from hearing a lawsuit filed last week against the city of Topeka by Jim and Sharon Suwalski. Andrews noted in a telephone interview with The Topeka Capital-Journal that he and the Suwalskis' legal counsel, Bruce Harrington, practiced law together for about 15 years. "It just would probably be better for somebody with less contact with Bruce to hear the case," Andrews said. ... Tobacco shop owner sues city Tobacco shop owner Jim Suwalski and his wife, bar owner Sharon Suwalski, filed suit Tuesday against the city of Topeka seeking to overturn its recent ruling that he violated the city's smoking ban. Bruce Harrington, an attorney representing the Suwalskis, filed the petition in Shawnee County District Court asking that a judge overturn the ruling issued by Kendall McVay, administrative hearing officer for the city. The petition contends McVay violated city rules by failing to issue his order within 10 business days of the hearing held in the case. Harrington asked that the court consequently overturn that ruling as being void for lack of jurisdiction. ... Could changes already be coming to new state smoking ban? The state’s new smoking ban will go into effect July 1st. Many business owners across Kansas are upset and are asking for changes. And some in Topeka are listening. The Kansas Restaurant and Hospitality Association, among others, has complained about the new ban and a House panel is also considering changes to the law – even though it doesn’t go into effect until this summer. The bill would change the effective date to January 1st and would reduce the outside smoking distance from doorways from 10 feet to three feet. Some say smoking should be allowed in certain clubs, like the Players Bar and Grill in Wichita, which built a special smoking room to comply with the local ordinance. That smoking room would be illegal in July. ... Panel eyes exemptions to state's smoking ban Less than a week after the governor signed an indoor smoking ban into law, House committee members were considering changes to the prohibition. House Bill 2741 would move the date when most of Kansas would go smoke-free back six months to Jan. 2, 2011, from the current July 1 date. The bill, which had a sparsely attended, last-minute hearing Wednesday in the House Federal and State Affairs Committee, would also reduce the distances people had to be from entryways and windows to smoke at some bars to 3 feet instead of the current 10 feet. The measure also would create an exemption for nonprofit organizations to hold cigar- or smoking-related events, such as Father H. Setter's annual fundraisers in Wichita. The changes "would weaken the bill and reduce the public health benefit we were anticipating," said Chris Masoner of the American Cancer Society, who testified Wednesday. ... Hot Pockets owner loses case City of Topeka hearing officer Kendall McVay has levied Hot Pockets tobacco shop owner Jim Suwalski a $50 fine after ruling he violated the city's smoking ban ordinance. McVay issued a ruling dated Friday concluding Suwalski violated the ordinance's intent, which is to recognize that "the need to breathe smoke-free air should have priority over the choice to smoke." Suwalski said a notice of the ruling was received Monday by his attorney, Bruce Harrington. Suwalski said he wouldn't pay the fine and planned to file a lawsuit to try to get the decision overturned. . . . Suwalski -- to test the ordinance -- smoked a cigarette in front of police in his 10-by-10-foot tobacco shop, Hot Pockets Retail Cigarette Outlet. The shop is located inside Hot Pockets Billiards and Sports Bar, 1909 N.E. Seward, which Sharon Suwalski owns. The tobacco shop has no walls. Its boundaries are marked off by duct tape. ... Governor signs smoking ban bill To advance the fight against cancer and improve the overall health of all Kansans, Governor Mark Parkinson signed into law HB 2221, the Kansas Clean Indoor Air today. Joined by First Lady Stacy Parkinson, former-Senator David Wysong, Secretary of Health and Environment Roderick Bremby, state legislators and health advocacy organizations, the governor held the signing in the South Wing of the Statehouse. “The journey of passing a statewide public smoking ban has been long and hard, but today we are able to cross the finish line knowing that we have built a better future for generations to come,” said Parkinson. “With this legislation, our state takes the necessary steps to save Kansas lives by reducing cancer, tobacco-related diseases and teen smoking. I appreciate the vision of former-Senator Wysong, the bipartisan collaboration in the legislature and the continuous support of so many Kansans.” HB 2221 amends current law concerning cigarette or tobacco infractions and the taxation and unlawful use of cigarette and tobacco products. ... Governor to sign indoor smoking ban bill on Friday TOPEKA – Gov. Mark Parkinson on Friday will sign a bill banning indoor smoking in most indoor spaces. The measure, House Bill 2221 would bar indoor smoking starting July 1, although it does allow smoking on the gaming floors of the state-owned casinos. The measure overrides less comprehensive local smoking bans such as the one in Wichtia. The governor, a Democrat, has pushed for the smoking ban this year and been a vocal supporter of the measure. He is scheduled to sign the bill 10 a.m. on Friday. Additional ceremonies are scheduled in Kansas City, Kan. and Salina, the times and locations are listed below. ... Parkinson to sign copy of state smoking bill in Salina When Salina’s first ban on smoking in restaurants went into effect in 2002, such laws were relatively rare. Since then, however, smoking bans have become more widespread and have grown to cover far more than just restaurants. In recognition of the city’s role in smoking bans, Gov. Mark Parkinson will come to Salina to sign a copy of the state’s new smoking ban at 3:30 p.m. Monday. “We were the first to get a clean indoor air ordinance in the state,” said Del Myers, health education supervisor for the Salina-Saline County Health Department. “We kind of got the ball rolling.” ... Supreme Court upholds smoking ban The Kansas Supreme Court issued a decision Friday upholding Newton’s smoking ban. The Whitesell-Finnel Post No. 971 Veterans of Foreign Wards and Wayne G. Austin American Legion Post No. 2, both of Newton, filed a lawsuit Dec. 20, 2007, against the city’s smoking ban. The two fraternal organizations argued the law was unconstitutional under the Fourth and 14th amendments. They also alleged they should be exempt from the ordinance as private clubs. . . . The Supreme Court, in its decision Friday, said the ordinance did not violate the organizations’ members’ rights to due process under the 14th Amendment or the right to privacy under the Fourth Amendment as asserted by the VFW and American Legion. “Plaintiffs’ argument is apparently based on the simplistic notion that a private organization with a private clubhouse has a constitutional right to privacy,” the court said in its judgment. ... “Upon the merits of the argument, the city pointed out that a right to privacy action requires the existence of a fundamental privacy interest and that no court, to date, had recognized the smoking of tobacco as a fundamental right.” ... Statewide Smoking Ban To Override Wichita Ordinance Legislation OK'd to snuff smoking at Kansas restaurants, bars, workplaces Get ready to say goodbye to smoking sections. Kansas is kicking the habit by becoming the latest state to outlaw smoking in bars, restaurants and workplaces. In a landmark move, the Kansas House on Thursday voted to send a statewide smoking ban to Gov. Mark Parkinson, who has promised to sign it into law. Parkinson, a Democrat, called the legislation "a victory for workers, families, businesses and future generations." All restaurants, bars and workplaces would be covered by the ban ... State ban pre-empts city consideration PITTSBURG — At Tuesday’s Pittsburg City Commission meeting, the commission asked city attorney Henry Menghini to draft an ordinance for consideration about a ban on smoking in enclosed public places. Legislature passed a bill banning smoking in public places throughout the state. Pittsburg Mayor Rudy Draper said the state measure takes the pressure off the city. “I haven’t talked to the city manager about it,” Draper said. “It might slow ours down a bit. Once the governor signs it, I think it goes into effect July 1. That would take precedence over ours. It’ll probably put a halt to ours. Unless the governor vetoes it, then we’ll restart ours, but I don’t expect that to happen.” ... City smoking ban trumps state's A smoking ban bill approved by the Kansas House of Representatives wouldn't allow for smoking in Topeka private clubs and might help snuff out cigarette use in the city's "Hot Pockets" retail outlet, officials say. The House voted 68-54 on Thursday to approve the smoking ban bill, which Gov. Mark Parkinson is expected to sign. The measure includes exceptions that would include allowing smoking in class A or class B clubs that held a license before Jan. 1, 2009, and that notify the state secretary of health and environment in writing, no later than 90 days after the effective date of the new law, that they wish to continue to allow smoking on the premises. ... Battle for statewide smoking ban looming A showdown over a proposed statewide ban on smoking in indoor public places, such as restaurants and bars, may occur today. In the House, supporters of a ban are expected to make a motion to concur with a plan already approved by the Senate. Both sides of the issue said Wednesday there is a majority in the House to OK the Senate-approved bill, which would send the measure to Gov. Mark Parkinson, who strongly favors a ban. Opponents of a statewide ban continued to fight what was coming down the track. ... City asked to draft smoking ban PITTSBURG — City attorney Henry Menghini said Tuesday that he had not seen so many people at a Pittsburg City Commission meeting since the meetings had moved to the Beard-Shanks Law Enforcement Building early last year. The larger home did not seem to matter, as the meeting began with a standing-room only crowd there to express support for an ordinance banning smoking in enclosed public places. Members of Citizens Against Smoking pressed the commission to draft and pass an ordinance similar to that of other Kansas cities including Newton, Lawrence, Garden City, Shawnee and Derby. In fact, the members brought copies of those cities’ ordinance as a guide for the commission. ... EDITORIAL: Pass a true public smoking ban But as a statewide smoking ban, the House bill is a "fraud," as Gov. Mark Parkinson put it when he vowed to veto the measure if it reaches his desk. . . . The Wichita-like "compromise" House bill was offered by House Health and Human Services Committee Chairwoman Brenda Landwehr, R-Wichita, who personally prefers no ban and even questions whether secondhand smoking increases incidents of heart attacks. "What hard data do we have?" she asked at a hearing last week. "Or are we just guesstimating?" . . . If they're smart, legislators will not pass weak legislation that overrides the stricter local bans passed in 39 Kansas communities and three counties, as Landwehr's bill would. Nor will they carve out an exception for state-owned casinos -- an element of the Senate bill that Landwehr has criticized deservedly as unfair to private business. Instead, lawmakers should recognize it's time for Kansas to respond appropriately to the public health danger of secondhand smoke and join the 28 states (including tobacco king North Carolina) with true statewide public smoking bans. ... VIDEO: Decision On Smoking Ban Violation On Hold It will be more than three weeks before a hearing officer decides whether a Topeka business owner violated the city's smoking ban. The shop's boundaries are marked off with duct tape inside the "Hot Pockets" bar owned by his wife. Suwalski says he's not in violation since the ordinance makes exceptions for smoke shops, and he was smoking inside the smoke shop boundaries. The city, however, says he is skirting the intent by being within the physical confines of a business at which smoking is not allowed. ... Smoking ban's impact debated While some taverns said the local ordinance is bad for business, Clean Air Kansas, which favors a comprehensive smoking ban passed by the state's Senate, said studies show smoke-free ordinances have no effect on revenues. An economic impact statement issued by the Kansas Health Institute in 2009 found total sales at restaurants and bars in Lawrence increased in the first two years after a smoke-free ordinance was implemented there in July 2004. However, the same study found liquor sales declined during the first two years. Researchers said it wasn't known if the slowdown was linked to the smoke-free ordinance. Lyle Butler, president of the Manhattan Area Chamber of Commerce, said anecdotal evidence suggests the smoke-free ordinance hasn't had any negative impact on businesses. .... Kansas bill would trump local smoking bans Legislation in Kansas would replace local public smoking bans with a weaker statewide prohibition that would allow bars and restaurants to opt out by paying a fee. Supporters call it a compromise, but the idea angers groups that have long fought for a statewide ban on indoor public smoking. "It takes us backward," said Kansas first lady Stacy Parkinson, a leading advocate of a statewide ban. "It's a slap in the face to public health." "Compromise is a good fit for everyone," said Bill Nigro, a tavern owner who represents the Free State Business Rights Coalition. ... Support for compromise smoking ban Former opponents of a statewide smoking ban have found a bill they can support. But advocates of a complete ban say House Bill 2642 does very little. The bill would override more stringent local indoor smoking bans. Health advocates urge Kansas legislators to pass comprehensive indoor smoking ban Clean air advocates rallied Wednesday, urging passage of a statewide ban on smoking in indoor public places, such as restaurants and bars, and defeat of a proposed bill that contains numerous exemptions. Stacy Parkinson, Gov. Mark Parkinson’s wife, described House Bill 2642 as “a slap in the face of public health.” Stacy Parkinson, wife of Gov. Mark Parkinson, speaks Wednesday during American Cancer Society event. Parkinson urged passage of strong statewide ban on smoking in indoor public areas, such as restaurants and bars. She talked about how her father died from cancer when she was 23. The bill, which is being considered by the House Health and Human Services Committee, was roundly criticized during Kansas Smoke-Free Lobby Day, an event put on by the American Cancer Society. ... Looser smoking ban fires up critics in Topeka TOPEKA | Legislation in Kansas would replace local public smoking bans with a weaker statewide prohibition that allows bars and restaurants to opt out by paying a fee. Supporters call it a compromise, but the idea angers groups that have long fought for a statewide ban on indoor public smoking. “It takes us backward,” said Kansas First Lady Stacy Parkinson, a leading advocate of a statewide ban. “It’s a slap in the face to public health.” The House bill, HB 2642, would allow bars and restaurants to allow smoking in separately ventilated areas of their business if they agree to pay a fee of $1 for each square foot of their smoking section. Bars and restaurants could also allow smoking throughout the entirety of their business. “Compromise is a good fit for everyone,” said Bill Nigro, a tavern owner who represents the Free State Business Rights Coalition. The bill is a hit with lawmakers who say tougher bans are an onerous intrusion into businesses. During a hearing on the bill Wednesday, Rep. Brenda Landwehr, a Wichita Republican, questioned the link between second hand smoking and increased incidents of heart attacks. “What hard data do we have?” she said the state’s top medical official. “Or are we just guestimating?” The legislation, if approved, would replace all local city and county smoking bans now in place. ... VIDEO: Kansas Gov. Parkinson vows to veto House smoking bill Gov. Mark Parkinson on Friday said he would veto a House bill that would establish a statewide ban on smoking in indoor public places but allow numerous exemptions. Parkinson called House Bill 2642 “a ridiculous piece of public policy that is nothing but a fraud.” Parkinson said he wants a statewide ban on smoking in public places like one already approved by the Senate. A hearing on the House bill is scheduled for Wednesday before the House Health and Human Services Committee. ... EDITORIAL: Wrong direction A bill introduced in the Kansas House this week is taking consideration of a statewide smoking ban in the wrong direction. About the only positive thing to say about HB 2642 is that it is, indeed, a statewide ban. However, the ban it proposes is far weaker than the bans already imposed by many Kansas cities. The bill also expressly prohibits local governments from passing more stringent laws, meaning that Kansas cities, like Lawrence, that already have smoking bans of their own would have them wiped off the books. . . . The bottom line is that this legislation would make the smoking problem in Kansas worse, not better. It’s hard to imagine that the legislators making this proposal really thought it even would be seriously considered. Lawmakers should set this proposal aside and try again for a real statewide smoking ban. ... Clean Air Advocates Critical Of New Smoking Ban Advocates of a statewide smoking ban are critical of a new bill they say would overturn local anti-smoking ordinances and actually allow smoking to return to some public places where it's currently banned. House Bill-2642 would ban smoking statewide. It would allow smoking in public places with ventilation, seperate smoking and non-smoking sections. Also some businesses that pay a fee could allow smoking. Jake Lowen of Clean Air Kansas tells the "Lawrence Journal-World" the bill undoes a decade of good public policy on the local level. Lowen called it "the tobacco industry's dream bill." ... Despite initial worry over city smoking ban, Wichita businesses see no big changes Taking one approach, Dave Chaffin spent $45,000 to create a smoking room at Players Sports Bar & Grill. Taking another, Richard Hunt put up a "no smoking" sign at Town & Country Restaurant. Neither has noticed much change in business since the city's smoking ordinance went into effect 17 months ago today. The ordinance requires any business that allows patrons under the age of 18 to ban smoking or to build a separate room, with separate ventilation, to contain it. Many local restaurants and bars feared they'd lose business by going nonsmoking, but in general that hasn't been the case. ... Kansas court will rule on VFW, Legion smoking case TOPEKA — Oral arguments were presented to the Kansas Supreme Court Wednesday in Topeka in a case in which the Newton VFW and American Legion are seeking an exemption from the city smoking ban. The fraternal organizations originally filed suit against the city on its clean air ordinance on Dec. 20, 2007. The Newton City Commission unanimously approved the clean air ordinance in November 2007, with the ban going into effect Jan. 1, 2008. The ban prohibits smoking in all enclosed public places, as well as 20 feet from a public entrance. During arguments Wednesday, the attorney for the Whitesell-Finnel Post No. 971 Veterans of Foreign Wars and American Legion Post No. 2, Orlin Wagner, did not argue against the constitutionality of the law itself, but that the two organizations should be exempt from the ordinance. The law stipulates any business with employees or that serves the public are subject to the law. ... Hearing set in smoking ban case Suwalski said he plans to be represented by Topeka attorney Bruce Harrington, who has agreed to serve as his counsel free of charge for that particular hearing. Suwalski is accused of violating the city's clean air ordinance banning smoking in most public places, which took effect Dec. 4 after being approved by the Topeka City Council Sept. 29. ... Petition drive to continue Gail Trembley, the Topeka woman spearheading a petition drive to overturn a city smoking ban, on Friday called off her suggestion made earlier this week that the drive might end next month. Trembley had written in a blog published Tuesday that supporters would end the initiative Feb. 15 if it continued to see the "lack of support" it was getting. But she indicated in a blog posted Friday that there had been new developments. Trembley wrote: "Due to some very convincing pep talks to not give up the fight, it looks like someone will continue on with the petition drive, even if I am not able to due to health problems. So for those of you who thought it would be over by the 15th, I am sorry to disappoint you. Confidence has been restored to the committee and I feel it will be a successful drive." ... Smoking ban supporters cite cost savings, too TOPEKA — Supporters pitching a statewide smoking ban are pointing to cost savings as well as health benefits. Jason Eberhart-Phillips, health director for Kansas Department of Health and Environment, can run down a list of costs attributed to smoking. If a statewide smoking ban prevented just 100 heart attacks per year, Kansas would save about $5 million, he said. Studies of the impact of smoking bans in public places, including Lawrence's ban, show a 36 percent drop in heart attacks three years after a smoking ban has gone into effect, physician Michael Munger, president of the Kansas Academy of Family Physicians, said Wednesday at a presentation on a statewide smoking ban. The data is starting to pile up, said Rep. Jill Quigley, R-Lenexa, at the same presentation. A 2007 poll found that 71 percent of those polled favored a statewide smoking ban. It was commissioned by the Sunflower Foundation, an organization that seeks to help improve the health of Kansans. ... Topeka Smoke Shop/Bar Owner Cited Topeka (WIBW) - A man who's using creative means to get around Topeka's smoking ban was issued a citation Wednesday night. Hot Pockets owner Jim Sulwaski says four Topeka Police officers came into his business just before 6:30 pm and cited him for violating the city's indoor smoking ban. He says he was standing behind the counter of the smoke shop portion of his business at the time. Sulwaski contends that while a portion of his business is a bar, a taped off area is a smoke shop and the ordinance has an exception for smoke shops. ... Opponents of Topeka Smoking Ban May Drop Petition Drive TOPEKA, Kan. (AP) - One of the main organizers of a petition drive to overturn Topeka's new smoking ban says the group is considering dropping the effort because of a lack of support. Organizer Gail Trembley says in a blog published Tuesday that the petition drive will end Feb. 15 unless it gets more support. She asked business owners to take a more active role in the effort. ... Smoking exception now permanent Pratt, Kan. — The City Commission voted 4-1 Monday night to repeal part of a city ordinance that would have ended all indoor public smoking in Pratt this month. The repeal will leave in place a transitional provision in the ordinance that has allowed smokers to light up after 10:30 p.m. in bars, clubs and restaurants for the last seven months. Public smoking at any other time or place is still prohibited. Commissioner Willy Peltier voted against the motion. “The problem that I have is that servers are still subjected to that smoking environment,” he said. “I’ve talked to several servers ... and they think the city should protect their health.” ... Smoking Ban Exemption For Casinos In Kansas Has Others Crying Foul Unlike in many other states where developers own the casinos and pay taxes to the state, the four approved casinos in Kansas will be owned by the state. If lawmakers approve a smoking ban that does not include the casinos, owners of other businesses may begin to cry foul. "It would seem that if the state passes a smoking ban and the casinos are exempt, that lawmakers would be considering the economic impact of a smoking ban in the casinos," said Barry Walten, "But at the same time, they would not be worrying about how other businesses would be effected by the ban." ... AUDIO: Statewide Smoking Ban Faces Hurdles in House One of Governor Mark Parkinson’s priorities laid out in the State of the State address this week is a statewide smoking ban, but that issue has run into challenges in the legislature in past years. The Kansas Senate passed a smoking ban last session, but couldn't reach a compromise with House leaders. House Health and Human Services Committee Chair Brenda Landwehr (LAND-wear) says one of the major stumbling blocks has been an exemption for state-owned casinos. ... VIDEO: Topeka Business Continues Lighting Up ...it's looking to see if it's legal for an establishment to continue to allow smoking, despite the city's new smoking ban. The owner of Hot Pockets bar and Hot Pockets Retail Cigarette Shop says it is legal to allow smoking since he is separating his businesses using duct tape. Smoking is allowed in retail tobacco stores, but not in bars. His building houses his bar and a smoke shop separated only by duct tape on the floor. ... Decision Made Regarding Loophole Around Smoking Ban "It says not withstanding any other provision of this article to the contrary the following areas should not be subject to the smoking restrictions of this article, and it says retail tobbaco stores," said Jim Suwalski "I don't know how this can be misinterpreted." But someone is misinterpreting it. Jim Suwalski says it's the city, the city says its Suwalski. "If it interferes with people's right to clean air, it violates the ordinance and our job is to enforce the law," said Topeka Assistant City Attorney, Kyle Smith. Suwalski owns Hot Pockets Retail Cigarette Outlet which would be exempt from the new smoking ordinance but for the fact it is in a bar, Hot Pockets Sports Bar, and the only thing separating the two is a line of duct tape. ... VIDEO: Hot Pockets Still Smoking The owner of Hot pockets bar and Hot pockets retail cigarette shop says it it legal to separate his businesses with duct tape. Smoking is allowed in retail tobacco stores, but not in bars. His building houses his bar and a smoke shop separated only by duct tape on the floor. ... Tobacco shopkeeper: Light 'em up He was the fictional newsman in "WKRP in Cincinnati," a television comedy of the 1970s and 1980s. Nessman, an odd sort of fellow, was determined to have an office, walls be damned. So he used masking tape to mark off his space. And, as he saw it, his office. Fast forward to Topeka 2009. A loophole may have been found in the city's ban on smoking in public places. Tape again comes into play. On Wednesday, Jim Suwalski said an oversight by the Topeka City Council barring smoking in almost all public places opened the door to allow smokers to light up in his tobacco shop, which just happens to be inside his wife's bar, Hot Pockets Billiards and Sports Bar, 1909 N.E. Seward. ... Ensley: Keep eye on petitions At a time when petitions targeted at overturning a citywide smoking ban were recently reported stolen, Shawnee County election commissioner Elizabeth Ensley recommends circulators take care to obey state laws requiring them to keep a close eye on the signing process. Ensley, who has been election commissioner since 1992, noted Monday that Kansas statute requires each circulator to sign a statement saying he or she has personally witnessed the signing of the petition by each person whose name appears on it. Any circulator who signs a false statement could be convicted of making a false writing, she said. Ensley's office has historically verified whether petitions submitted in an effort to force ballot question elections contain names and signatures of registered voters. She recalled this week how her office found hundreds of forged signatures -- including one of Ensley herself -- after one such petition was filed in August 1994. ... Bar Finds Loop Hole in Smoking Ban Inside Hot Pockets they're still lighting up because of what the owner says is a loop hole in the law. "These laws do not apply to retail cigarette stores, which is what we have here," Jim Sulwaski owner of Hot Pockets Retail Cigarette Outlet said. Sulwaski operates Hot Pockets Retail Cigarette Outlet inside Hot Pockets Billards and Sports Bar. "It's two separate businesses, separate tax licenses, separate everything," he said. The two business are separated only by duct tape, ... Smoking ban contest changed Topekans Against the Ban, the group behind a petition drive seeking to overturn a smoking ban that took effect Dec. 4, announced some changes Tuesday regarding a contest in which it will award prizes to those who collect the most petition signatures. Gail Trembley, an organizer of the drive, said the time frame for the contest has been reser to run from Wednesday through 5 p.m. Dec. 22. ... Group alleges anti-smoking ban petitions stolen TOPEKA, Kan. (AP) - Organizers of a petition drive to overturn Topeka's new smoking ban say signed petitions are disappearing from city businesses. Topeka police Capt. Jerry Stanley said Thursday that Gail Trembley, an organizer of the drive, filed a police report Wednesday alleging several petitions were missing. Stanley says it's not clear how many petitions are gone. Trembley says organizers of Topekans Against the Ban won't pursue theft charges if the signed petitions are returned. ... Ban begins without incident A citywide ban on smoking in most public places became official without incident early Friday, as Topeka police said they received no calls linked to it. The clean air ordinance imposing the ban took effect at midnight Friday morning after the Topeka City Council adopted it Sept. 29. The measure prohibits smoking in public places and places of employment, with limited exceptions, as well as within 10 feet of the main entrances and air-handling units of those buildings. The ordinance authorizes the police chief or hisdesignee to enforce it. At least one establishment located just south of Topeka city limits was using its status of not being covered by the ban to seek Friday to attract customers. The Thirsty Camel, at 5912 S.W. Topeka Blvd. in Pauline, indicated online at http://splash.topeka.net/bars/dance/thirsty-camel that "The Thirsty Camel will remain smoker friendly after the city's ban takes effect." ... Bars prepare for smoking ban At the Dutch Goose last month, work continued on a partially covered outdoor seating area outside the bar's back door that will be heated and have music piped to it from outdoor speakers. Sidelines Bar & Grill is adding heaters, and McB's Sports Grill is capitalizing on its existing patio space with outdoor speakers by partially enclosing the area with canvass and adding heaters and comfortable seating. "We're trying to do what we can," McB's owner Jerry Berger said. "We're even thinking about putting a TV out there -- a big-screen TV out there -- so they can watch games." ... Smoking ban takes effect Friday Topekans Against Smoking Ban Miss Goal & Deadline, But Still Collecting Signatures The Topekans Against the Ban coalition needed to collect 5,744 signatures by November 14th for the ban to be repealed. The group had a larger goal of 10,000 signatures, but has collected only 3,409 as of November 16th ... Has Salina's smoking ban in public places caused bar receipts to go UP IN SMOKE? But has the ban, which went into effect May 1, hurt Salina's bar business? It may be too early to tell from sales data, but many bar owners and managers are ready to declare that it has. "The customers don't come in like they used to," said Marlene Best, bartender at Ringers Tavern, 433 S. Broadway. "It's not been good." Tax data from the state of Kansas doesn't show any clear changes. But then, numbers are available for business activity through the end of June, so only two months of the ban are covered. The Salina Journal asked the Kansas Department of Revenue for the most recent 24 months of sales tax and liquor tax data for six counties -- Saline, Reno, Harvey, Ellis, Riley and Geary. ... Smoking ban petition drive offers Web site Supporters of a petition drive to overturn a smoking ban adopted by the Topeka City Council have begun offering a Web site at topekansagainsttheban.com, said Topekan Gail Trembley, one of the drive's organizers. Petitions can't be signed on the site, though it can be used to download petitions or donate money to the effort. The Web site indicated Sunday that 1,609 people had signed the petition as part of an effort to repeal the council's decision in a 6-3 vote on Sept. 30 to ban public smoking indoors and at places of employment. Petition has 1500 signatures Organizers say they have gathered 1,500 to 2,000 signatures on a petition targeted at repealing a smoking ban recently approved by the Topeka City Council. That estimate was released Tuesday by Gail Trembley, who is part of efforts to gather the 5,744 valid signatures of registered Topeka voters required to put the matter to a public vote. Shawnee County counselor Rich Eckert said that according to state law, the petition will become null and void if it isn't submitted to the county election officer or other designated official within 180 days of the date of the first signature on the petition. Organizers have been gathering signatures for about two weeks. ... Rally Held To Collect Petition Signatures Topeka (WIBW) - Supporters of an effort to overturn Topeka's smoking ban held their first pubic signing rally Wednesday night. People were invited to the Boobie Trap Bar to put their names on the group's petition. It seeks to repeal the ban on smoking in most public places. ... Brown: Smoking ban should pass Sen. David Wysong (R-Mission Hills) has been trying to pass a statewide smoking ban for the past three years. Recently, Wysong has asked the Board of Regents to back his efforts. . . . As an asthmatic, secondhand smoke is especially harmful to me. . . . Consequently, students, faculty and other members of the KU community should urge the Regents to also support a statewide smoking ban. Although people do have a right to endanger their personal health by smoking cigarettes, students, employees and other citizens also have a right to breathe clean air and not contract illnesses and diseases caused by secondhand smoke. ... Petition certified as valid 30 to ban public smoking indoors and at places of employment. The ban, which takes effect Dec. 4, makes exceptions for retail tobacco stores; outdoor places ... Smoking Ordinance Petition Getting Tweeks Those working to make a smoking ban for Topeka go up in smoke hope to have wording set on their petition Tuesday. Gail Trembley is leading the effort, with support from the Libertarian party. Trembley says her original wording didn't meet approval from officials, so she's created a new petition, which she'll have reviewed Tuesday. The Columbus Day holiday prevented her from doing so Monday. ... Libertarians join petition effort The Libertarian Party of Kansas is joining a petition drive seeking to repeal the smoking ban the Topeka City Council approved last week, party chairman Andrew Gray said Monday. Topekan Gail Trembley, who announced last week she was starting the drive, said Libertarian Party members will seek support from business owners while she plans to work with other volunteers to focus on getting petition signatures from private citizens. Trembley released a statement from Gray indicating the Libertarian Party's stance on the smoking ban focuses on the concept of a property owner's determining what legal activity is allowed on his or her premises. ... Petition gets strong response TPD won't be 'smoking police' Don't expect the Topeka Police Department to become the "smoking police" in the wake of Tuesday's city council adoption of a smoking ban. "The TPD will only be involved in the enforcement of the ordinance at the point that the businesses need help with those who refuse to comply," Police Chief Ron Miller said Wednesday. Miller spoke after the council voted 6-3 Tuesday to amend city rules by banning public smoking indoors and at places of employment, except in retail tobacco stores; outdoor places of employment; private places; private residences, except when used as a child care, adult day care or health care facility; and no more than 20 percent of hotel or motel rooms that are available to be rented to guests. The ordinance also bans smoking within 10 feet of the main entrance or air handling unit of a public place, which is defined as "any enclosed area to which the public is invited or in which the public is permitted." It requires the owner, manager, operator or other person having control of a place where smoking is banned to take all necessary steps to prevent it. ... Topeka City Council snuffs out smoking The Topeka City Council snuffed out smoking in public places at Tuesday night's meeting. Council members passed a city-wide smoking ban that will take effect in 60 days. The ordinance amends city rules by banning smoking at: Places of employment Exceptions include: Retail tobacco stores Topeka Smoking Ordinance (PDF) Final Hearing for Smoking Ban 250 Douglas Place goes entirely smoke free WICHITA — In what could be the first nonsmoking apartment building in the city if not the state, 250 Douglas Place has gone entirely smoke free. “With the progressiveness that I’ve seen in Wichita, I think that there is a market for that,” says Larry Weber of Builders Inc., which owns the Garvey Center where the apartment building is. A lot of apartments don’t allow smoking in their common areas. Nor did 250 Douglas Place, but now residents won’t be able to smoke in their rooms, either. Before making the change, Weber conducted a survey of tenants in 143 apartments. Almost half responded. Of that half, Weber says 87 percent identified themselves as nonsmokers, and 67 percent said they wanted the building to be completely smoke free. ... Do you support Gov. Mark Parkinson's push for a statewide smoking ban? "I would support a state wide ban on indoor smoking as the governor has proposed.”... Public hearings set for proposed smoking ban Group pushing for smoking ban in new Kansas casinos, arguing ADA problem looms for state An advocacy group wants Kansas to ban smoking at its new casinos. It says the state will be responsible for denying full access to individuals with lung and breathing problems because its lottery is legal owner of the new gambling in three planned casinos. ... Letter: Smoke-free Kansas To the editor: As the executive vice president of the American Heart Association’s Midwest Affiliate and Kansas resident, I applaud Gov. Mark Parkinson’s pursuit of a statewide clean indoor air law. The governor clearly recognizes the dangers of secondhand smoke and how vital it is for all Kansans to avoid exposure to this life-threatening product. We appreciate the governor’s guidance as we work to join the 27 other states that have already passed smoke-free legislation. Exposure to secondhand smoke is associated with health risks in both children and adults. Because of these dangers, 35,052 nonsmokers die from coronary heart disease (CHD) each year as a result of exposure to environmental tobacco smoke. The Kansas Health Policy Authority estimates nearly 4,000 Kansans die each year from smoking-related diseases, including 290 blamed on secondhand smoke. ... Raytown board rejects proposed smoking law The Raytown Board of Aldermen on Tuesday night voted down a proposed smoking ordinance. The ordinance would have prohibited smoking in all public places except where people younger than 18 are not allowed, such as bars and billiard parlors, said Nancy Thompson, city attorney. Smoking in restaurants would have been prohibited, but restaurants could have operated a separate smoking area if that area was separately ventilated, she added. The ordinance needed six affirmative votes to pass, Thompson said. The vote was 7-3 against. ... Group to request smoking ban PITTSBURG — The saying goes that nothing in the world is free. But if a Pittsburg group has its way, bars and restaurants would be free, of smoke that is. Cathy Newby, chairwoman of the Pittsburg Clean Air group, said the organization was currently in the middle of educating the public about the need for a smoking ban. That effort has gained steam in recent months, Newby said, with help from the Kansas Health Foundation, Pittsburg Area Young Professionals and other groups. “We have teamed up with multiple groups to educate people on the dangers of second-hand smoke,” Newby said. “If we can educate the public, we can gain more public support.” ... A new twist on the smoking ban debate There are lots of different opinions on a potential citywide smoking ban, and the decision will come down to the votes of the nine members of the Topeka city council. At city hall the question is not whether to get public input. It's how and where to do it: Here are the options: During public comment at the city's weekly council meeting, at a town hall meeting at city hall, or at a series of meetings in different communities across Topeka. I It's that last option that has some city council members concerned. Some council members were not comfortable with Council woman Karen Hiller's suggestion of town hall meeting throughout Topeka, because of how rowdy town hall meetings across the country have gotten over the last few months. ... Kansas governor says he'll push for statewide smoking ban ... TOPEKA, Kan. (AP) — Kansas Gov. Mark Parkinson says he will push for a statewide smoking ban next year and may work to raise the state's tax on cigarettes. A statewide ban on indoor smoking passed in the state Senate this year but failed in the House. Parkinson said Tuesday he'll try to get support from some House members for the proposal when the Legislature convenes in January. ... Smoking ban a burning issue Personal rights are a focus of both sides in the debate over a proposed smoking ban in Topeka. Supporters say families have the right to patronize businesses without having to breathe harmful, second-hand smoke. Opponents say business owners have the right to decide if a legal activity will be allowed on their property. City council members can expect to hear those and other arguments often over the next four weeks as the public debate smolders over a clean air ordinance sponsored by Councilwoman Deborah Swank. ... Smoking opponents fired up People are driving from Topeka to Lawrence to eat in smoke-free restaurants. The Topeka City Council heard that argument repeatedly Tuesday evening as it considered an ordinance to ban smoking in public places in Topeka. One of the speakers under the public comments portion of the meeting was Ed Serrano, an economic development specialist for the state of Kansas. He said he knows people who are driving to Lawrence for the clear air. "I don't know of any people who are driving to Topeka to sit in clouds of smoke," he said. The ordinance was heard on first reading Tuesday, meaning no action could be taken on it. Normally an ordinance is on the next city council agenda for a vote, but council members decided to put off final action until Sept. 29 to give more people the opportunity to express their feelings on the matter. Meanwhile, the council will conduct two public hearings to listen to the public -- on Mondays Sept. 21 and 28. ... Council to consider smoking ban The Topeka City Council is being asked to ban smoking in public places, with limited exceptions. A clean air ordinance sponsored by Councilwoman Deborah Swank is set to be heard on first reading when the council meets at 6 p.m. Tuesday in its chambers at 214 S.E. 8th. .. Garden City smoking ban will stick Garden City officials have decided to keep the city’s smoking ordinance as is. Since January 2007, the city has had a ban on smoking in establishments where food or drink is served and in public buildings. Commissioners had been looking at whether to exclude Class A establishments, including war veterans clubs because members felt they should have the right to smoke in their own private facilities. Tuesday, that idea was dismissed as commissioners voted 3-2 to keep the ordinance the same. ... EDITORIAL: Thanks, but no thanks While we appreciate the efforts involved in the petition drive, we also are thankful the attempt failed. Certainly it can be argued that the ban infringes on individuals' rights to run their business the way they see fit, and if nonsmokers don't like a cloudy bar then they can go somewhere else. But we put clean air requirements in the same category as food safety and fire codes. It is good public policy, and ultimately good business, to make environs as safe and pleasant as possible. Besides the safety issue, we also don't like the way ban opponents held off filing their petition until after April's general election. By waiting, a successful petition would have triggered a special election costing taxpayers $20,000. It's another example of ban opponents putting their own agenda above the best interests of other city taxpayers. Dodge City commission amends smoking ordinance to allow gamblers to lilght up in casino DODGE CITY, Kan. (AP) — Dodge City commissioners have amended the city's smoking ban to allow gamblers to light up on the floor of a planned casino. The original ban did not include the casino because the state hadn't selected a developer for the project at the time the measure was approved. Smoking still won't be allowed anywhere except the casino floor and an adjacent lounge. Opponents of the change say other businesses should be given the same consideration, with one commissioner asking if making an exception for the casino would set a precedent. ... Commissioners agree to reopen smoking ban issue By a split decision Monday, Salina city commissioners agreed to reopen the issue of a public smoking ban in Salina by having hearings so people can appeal to for an exemption. ... Legion protests ban Members of the local American Legion Post asked the City Commission on Monday to exclude their facility from a new ban on public smoking, saying the organization’s non-profit status, its members’ sacrifices for the nation and the services the organization provides have earned them that right. Mayor Jeff Taylor expressed both sympathy for the Legion’s situation and appreciation for its members’ sacrifices. The Commission would consider the organization’s arguments, he said, especially if they brought a petition demonstrating public support, he said, stopping short of promising an outright change in the rules. ... New federal report: Ban smoking in casinos Many Kansas City, Kan., bars opt out of smoke ban It's hard to tell there is a smoking ban in Kansas City, Kan., because many businesses have paid for an expemption. The owners of 69 businesses, bars and restaurants have paid a $250 to continue to allow smoking in their establishments. ... Ready for the ban? Complying with Salina's new clean indoor air ordinance might seem as easy as bar owners such as Earl Graybeal reminding customers they can't smoke inside. But Graybeal says it won't stop there. With the ordinance slated to take effect Saturday, Graybeal, the owner of Rendezvous Bar at 249 N. Santa Fe, is making plans to add a rear outdoor patio where customers who do smoke will be welcome to light up. The estimated cost? $15,000. And inside the bar, replacing ceiling tiles, fixtures and sprucing and freshening up the place -- "getting the 'funk' out of there to make up with customers who don't smoke," -- he says will easily cost $25,000. Graybeal notes with irony that state lawmakers' concern for public health stopped with plans to exempt state-owned casinos from a proposed statewide clean air ordinance. Senate Bill 25, containing the ordinance, has not advanced out of the Legislature. "They excluded the things that they owned because they know it will effect revenue," Graybeal said. Under the city's new ordinance, staff, customers and visitors will not be allowed to smoke inside any public place or place of employment. ... City considers allowing outdoor smoking areas at bars, restaurants Smoking ban supporters rally in Topeka Topeka — Supporters of a bill that would ban smoking in indoor public places blew out 400 “birthday” candles on Wednesday to symbolize the lives that they said would be saved each year in Kansas through the reduction of secondhand smoke. “Everyone has the right to breathe clean, smoke-free air,” Kansas Department of Health and Environment Secretary Rod Bremby said during a rally that took place as the Legislature convened the wrap-up session. ... Smoking ban set to move forward Salina city commissioners Monday discussed, but let pass, the opportunity to repeal or delay a comprehensive citywide ban on smoking in public places scheduled to take effect Saturday. They took no action after commissioner Aaron Peck chastised the leading advocate for repeal for insinuating that voters would be too stupid to figure out their ballots if opponents petitioned for a public vote. "Let's face it, some voters are more or less likely to be confused, and or less sophisticated than others at the ballot," Gary Swartzendruber, of Salina, told commissioners. "I am asking for one of you to initiate the motion to repeal the ban. And I'm asking that at least three of you vote for a repeal," he said. . . . Anti-smoking petition introduced here Where would we vote on the smoking ban? Whether she likes it or not and she doesn’t Salina Mayor Luci Larson said there definitely will be a special election to decide whether to repeal or uphold the proposed citywide smoking ban ordinance scheduled to go into effect May 2. It’s a question she said should have been on the April 7 election ballot, but opponents of the ordinance failed to turn in their petition by the Feb. 23 deadline. Now, if Salina City commissioners vote to repeal the ordinance, supporters of the ban will petition to have a special election to reinstate it, she said. If the ban is upheld by commissioners, opponents will turn in their own petition to have it overturned. ... Smoking issue draws debate at city meeting A tougher, citywide smoking ban covering bars, bowling alleys and bingo parlors, in addition to hotels, motels and restaurants, would be more fairly decided if Salina citizens voted on the ordinance, rather than choosing whether or not to repeal the ordinance once it was in place. The legal wording of their petition, calling on the city to adopt the proposed ordinance, "eliminates voter confusion. You vote 'Yes' for the ban, or 'No' for the ban. . . . Arpke said an informal poll on a Salina radio station Web site showed 72 percent of those responding said they did not want a special election to decide the ban. Officials have estimated that election might cost as much as $20,000. He suggested commissioners meet with representatives from both sides to try and find a compromise. ... Emporia Smoking Ban Survives Recount A recount in Emporia confirmed passage of a smoking ban there, and actually increased the margin of victory for the "yes" votes. Lyon County Clerk Tammy Vopat announced Tuesday that the margin went from six to eight votes after the recount. Vopat says a tabulator error or tally error are probably to blame for the two lost "no" votes. Michael Helbert, who filed for the recount on Monday, tells the "Emporia Gazette" he has accepted the outcome. ... Recount request filed for smoking ban question The smoking ban question will be looked at again after a recount request was filed this morning at the office of the Lyon County Clerk. Lyon County clerk Tammy Vopat said the special election board will begin the recount today at 1 p.m. The board of canvassers will meet at 4 p.m. at the Lyon County Courthouse to certify the results of the recount. “Under the circumstances, I thought that for the amount of the investment that was made by the various people in this community, we ought to have somebody take a look at this and just verify that this has been done,” Helbert said. Helbert stressed that he does not doubt Vopat or election workers. Effective immediately Emporia now has a smoking ban. After nine months and volumes of commentary from both sides of the issue, the ordinance was voted in by a margin of six votes. Lyon County Clerk Tammy Vopat announced the results of the vote canvass Friday afternoon at the Lyon County Courthouse. After Tuesday’s election, the results gave ban supporters an 11 vote margin, with 2,336 votes in favor of a ban and 2,325 votes against. An earlier Gazette article put the start of the ban at midnight tonight, but city attorney Blaise Plummer said that technically, the ban is in effect as of right now. Emporia smoking ban too close to call The question is still burning. Will Emporia ban smoking? "We're definitely not in a position where we can celebrate, but we're hopeful it will come out in our favor on Friday, so I'm not writing that concession speech yet," said Teresa Walters of Committee for a Healthier Emporia. "It still could go either way," said Matt Slater of Emporia Open for Business. Both sides thought this would be a tight race, but not this tight. "I knew it was going to be really really close, but I mean 11 votes, wow," Slater said. "When I left last night it was down to 15, which was close enough, but they found a few paper ballots that hadn't been counted," said Walters. ...Senate passes smoking ban again
The 25-15 vote sends the language, inserted in a bill regulating the sale of tobacco products, back to the House for consideration. A bill approved by senators in February was tabled by a House committee and not likely to be debated this year. The second attempt forces the House to consider the changes to its bill. If the smoking ban language is accepted, the bill goes to the governor. If not, it would go to House and Senate negotiators to resolve. "It's going to get a shot," said Sen. David Wysong, a Mission Hills Republican who has been pushing the ban for several years. ... Smoking ban smolders on in Kansas Legislature The Kansas Senate has passed another proposal to ban public smoking statewide, but there’s little reason to believe it stands a chance in the House. The measure would ban smoking in bars, restaurants and other public places. The Senate passed the bill 25-15. It’s the second time this year the Senate has passed a smoking ban. The earlier version got stuck in the House where it was tabled by a committee. Sen. David Wysong, a Mission Hills Republican and the prime supporter of the ban, acknowledges the legislation faces a tough crowd in the House. But he said a House vote would help proponents strategize for next year. Forum focuses on Salina's economy The issue that's drawn the biggest headlines to date in the race for Salina City Commission -- support or repeal of an all-inclusive ban on smoking in public buildings -- likely won't be decided by whoever wins the election for three open commission seats. The candidate's forum Wednesday evening, sponsored by the Salina League of Women Voters, touched on a host of subjects, but the leadoff question about the smoking ban drew the prediction of candidate Samantha Angell that the issue was headed for a special election regardless of views of new commissioners. Angell said she spoke this week with a representative of the Salina Area Tobacco Prevention Coalition, supporters of the measure, who told her that if the new commission takes action to repeal the ordinance, they're prepared to move forward to circulate a petition for a special election to undo that repeal. Foes of the stricter smoking ban already have said they have the requisite number of signatures on a petition to force a special election on repealing the ordinance if the new commission chooses not to act on its own. Senate committee resuscitates smoking ban TOPEKA An action by a Senate committee on Thursday gave new traction to a bill that would ban smoking in most of the state’s public places. The Senate Public Health and Welfare Committee replaced the language in House Bill 2221 with language from Senate Bill 25, a statewide smoking ban. The move was in response to a House committee’s vote Wednesday to table SB 25, effectively killing it for the session. HB 2221, as originally written, would have allowed state health officials to make public the names and addresses of child care providers. It passed the House, 125-0. House tables smoking bill The Health and Human Services Committee voted 11-7 to set aside the legislation approved last month by the Senate. The House committee devoted more than three days to hearings on the bill, but settled the issue today in less than 90 seconds. Sen. David Wysong, a Mission Hills Republican and chief advocate of the smoking ban bill, said he was disappointed but not surprised by the House committee’s action. He said the policy debate on smoking in public places in Kansas would remain on the Legislature's agenda. Kan. House panel to vote on smoking ban Kansas House committee is likely to vote Wednesday on a bill banning smoking in most public places statewide. But Chairwoman Brenda Landwehr, a Wichita Republican, says she Smoking issue not to be on April ballot Citizens will not be giving their input on stricter smoking regulations in the city, at least not on the next election ballot. When Herb Llewellyn, city manager, looked into putting the non-binding question on the ballot as requested by the El Dorado City Commission at their previous meeting, he found they could only put binding questions on the ballot. “I was uncomfortable with putting it on the ballot with it being binding and never having discussed it,” he said during the March 2 city commission meeting. Llewellyn suggested the commission wait and see what the state does because a smoking ban has passed the Senate and is on to the House. Smoking ban considered in Junction City Junction City is the latest town in the area to consider a smoking ban. If the city commission isn't able to come to a decision, it could go to a special election. Lawrence, Wichita, Emporia and Manhattan all have bans or restrictions on where smokers can light up. If some get their way, Junction City will be next on that list. Most Wichita residents support a smoking ban, poll shows More than half of Wichitans support a statewide smoking ban according to a poll released Wednesday by the American Cancer Society. The numbers come hours before a House health committee is scheduled to hear from opponents of Senate Bill 25, which would ban smoking in most indoor public areas. On Tuesday, the House Health and Human Services Committee heard from the bill’s supporters including Kansas Department of Health and Environment Secretary Rod Bremby.
After watching battles over smoking bans in Salina and Wichita, Dodge City Fire Chief Dan Williamson was expecting some resistance from local businesses when Dodge adopted its ban last fall. But so far, he's been pleasantly surprised. "In reality, business compliance and business acceptance have been very favorable," Williamson told the Globe on Tuesday. "We have appreciated the businesses that have taken the steps to comply and make it an easy transition." By April 1, Dodge City businesses must either ban smoking on their premises or finish building special smoking rooms to meet the city's standards. Those rooms must be enclosed on all sides by solid, impermeable walls or floor-to-ceiling windows, and they must have self-closing doors. The rooms are required to maintain a negative air pressure that is, more air is exhausted from the area than is directly supplied by heating, ventilation and air conditioning systems. In addition, the rooms must include a ventilation system that exhausts air from the room directly to the outside. Smoking will not be allowed in those rooms until the business passes a city inspection, pays a $100 permit fee and registers as a smoking zone. The business must renew the permit each year for a $25 fee. House Committee Considers Kansas Smoking Ban The House Health and Human Services Committee has started hearings on a bill to ban smoking in most public places in Kansas, including bars and restaurants. The bill passed the Senate last month. It includes several exemptions, including private clubs and the gambling floor of state-owned casinos. Supporters testified Tuesday that the bill would reduce the amount of exposure to secondhand smoke. Opponents are scheduled to testify Wednesday. County follows city smoking ban with its own The Pratt County Commission this week passed a county wide smoking ban almost identical to a ban passed by the Pratt City Commission. The county ban will begin Friday, May 1, the same day as the Pratt city ban, and prohibit smoking in all enclosed public places in Pratt County with a couple of exceptions. The County Commissioners told the City Commission they would support their smoking ban by establishing a ban for the county, said Pratt County Commissioner Dwight Adams. New city commission should not take up ban, but let voters decide You have to hand it to Leonard Dahl. He and other opponents of a new and tougher smoking ban are excellent strategists. Dahl is one of the organizers of a petition drive to repeal the near-total ban that was approved by the Salina City Commission in January. They were successful at collecting more than 1,600 signatures -- more than the 1,390 signatures required to trigger a public vote. As reported by the Journal's David Clouston, organizers deliberately chose not to turn in the petition by Monday's deadline for getting the proposal added to the April 7 school board and city election ballot. Now the petitioners can call a special election for a later date, which will cost city taxpayers about $20,000 because an additional public vote will be held. Dahl said they purposely passed the deadline to give smoking ban opponents two shots at repealing it. Candidates take positions on smoking ban Salina bar owner Leonard Dahl calls himself a "primary issue" candidate, his primary issue being repealing a controversial, near-total ban on smoking in public places before the ban takes effect. He said Tuesday he's heard not one gripe about what amounts to forcing city leaders to hold a special election to consider the smoking ban's fate -- at a cost of about $20,000. "It's all been pats on the back. The law is the law, and we're staying well within it," Dahl said. "And anyone who is in favor of getting rid of (the stricter ban) agrees two shots is better than one." Commission to wait on smoking ban Pittsburg City Commissioners are going to wait a while before deciding to put the city’s cigarettes out. Commissioners heard a presentation Tuesday night from Pittsburg residents Kim Wilson, Cathy Newby and Brandon Brill, who asked the commission to pursue a city-wide smoking ban that would prevent smoking in all enclosed public places. Brill said he felt that their “rights, and the rights of our children have been impeded upon.” Newby cited statistics from the Sunflower Foundation, and said that restaurants and bars carried 2-5 times more smoke than a house where smokers lived. Her sister, Wilson, then told personal stories about how her athsmatic husband and athsmatic daughter faced challenges when going to bowling alleys or restaurants. But commissioners said they would deal with it later rather than sooner, or more specifically, after the state of Kansas decides where it’s going with a statewide smoking ban. The Kansas Senate passed a statewide smoking ban, and the bill currently sits in the Kansas House. Salina smoking ban faces repeal effort Time for Kansas to go smoke-free However, Missouri and Kansas are among the 15 other states that stubbornly remain on the sidelines. The Show-Me State is at the back of the pack. Missouri legislators have been unwilling to even debate serious bills that could help prevent health problems and thus cut medical costs for residents and taxpayers. But a breath of fresh air just blew through Kansas on this issue. The Kansas Senate has approved a proposed statewide ban on smoking in most public places, including bars and restaurants. City, state ponder smoking bans Thirty-two Kansas cities have passed smoking bans, and three Pittsburg residents are going to ask if Pittsburg can become number 33. Tuesday night, Kim Wilson, Cathy Newby and Brandon Brill will approach Pittsburg City Commissioners about taking a look at a smoking ban for the city, one that would ban smoking in all enclosed public places. “We know it is going to be a challenge,” Wilson conceded. “But it’s something that we’ve felt like doing for a while.” Voters to decide if to restrict smoking Smoking may be further prohibited in El Dorado in the future. The El Dorado City Commission looked at their options for smoking bans in the city during their meeting Monday. Mayor Tom McKibban asked to have the item put on the agenda for the meeting, but he said he did not ask to have the commission pass an ordinance for this, as stated as one of the suggested motions in the agenda. “I would like the people of the community to have the opportunity to make a decision on this,” he said. City commission votes to postpone smoking ban In a 3-2 vote, commissioners moved the effective start date of the ban from March 3 until April 8, provided the ban doesn’t get voted down in the ballot measure. Commissioners Kevin Nelson and Jeff Longbine and Mayor Bobbie Agler voted for the postponement; Commissioners Julie Johnson and Jim Kessler voted in favor of going ahead with the ban in March. The ban ordinance originally was proposed last summer by Clean Air Emporia, and was discussed for several months before going before city commissioners to be voted on. The city commission passed the ban ordinance in December, to take effect after 90 days. Opponents to the ban, a group of citizens and business owners known as Emporians Open for Business, subsequently collected enough signatures to put the ban question on the ballot for the April elections. The group then requested that the commission postpone the ban until after the public has a chance to vote. Before the vote on the postponement took place, the commissioners explained their points of view. Salina group wants smoking ban put to public vote "All you have to do is fill out this card and you could become a registered voter,” said bar owner Elizabeth Owens, who is organizing the petition. A bar is probably the last place you would go to register to voter, but across Salina bartenders are registering voters so they can sign a petition, pushing the proposed smoking ban to a public vote. “It's about a business owner's right and five people shouldn't tell the whole community of Salina how to run their businesses,” Owens said. Nearly 1,400 signatures from registered voters are needed by Monday and each petition is accompanied by an authorized circulator. Kansas Senate approves statewide smoking ban A proposed statewide ban on public smoking in Kansas has a long way to go before it's the law. The Kansas Senate approved the ban Tuesday on a 26-13 vote, but the measure faces long odds in the Kansas House. Still, it's the first time a smoking ban has passed either chamber of the state's Legislature. "It's just a matter of time," said Sen. David Wysong, a Mission Hills Republican who pushed for the ban. "This is happening all over the country and all over the world." The bill would ban smoking in bars, restaurants, workplaces and most other public areas. Private clubs, casinos, beer gardens and tobacco shops would be exempt. The ban would replace the myriad local bans now in place. Smoking ban slated to take effect May 1 By Conrad Easterday After months of wrangling, the City Commission on Monday settled for a smoking ban that is more restrictive than any earlier proposal. ... Amendment would permit minors in businesses with smoking licenses Unified Government Commissioner Mike Kane wants to amend KCK's smoking ordinance, less than three months since the original version was approved and less ... Petition Drive Underway to Get Smoking Question on Ballot A petition drive is underway to get the newly approved smoking ban in Salina onto the April ballot. Petitions are being circulated at several area businesses including The Pit Stop Convenience Store, Big Cheese Pizza, Napolis Italian Restaurant, and the SpeakEasy Bar and Grill. Senate sparking statewide smoking ban debate The full Senate is likely to vote Monday on a proposed statewide smoking ban covering restaurants, bars and places of employment. Attempts to push similar legislation in Kansas failed the past two years, but Sen. David Wysong, R-Mission Hills, said today the latest measure had a 50 percent chance of gaining enough votes to emerge from the Senate. “Twenty-six states have done this. Dozens and dozens of countries,” he said. Smoking under fire in state Senate A proposed statewide ban on smoking inside most public places could soon become eligible for a debate on the Kansas Senate floor. The Senate Public Health and Welfare Committee is scheduled today to mull over a bill that would prohibit lighting up in bars, restaurants and nearly all places of employment. For the measure to pass out of the committee, a majority of the nine-member panel would have to back the legislation. At least five senators on the health panel figure to be strong supporters of the proposal, because they've firmly backed similar state-level limits in the past. "There are number of senators on the committee who have already sponsored legislation in the past," Barnett said. "If the bill comes out of committee, it is unknown to me whether the bill can pass the full Senate. That will be the next test." Panel gets smoking ban The Senate Public Health and Welfare Committee is scheduled to mull over a bill today that would prohibit lighting up in bars, restaurants and nearly all places of employment. For the measure to pass out of the committee, a majority of the nine-member panel would have to back the legislation. Statewide smoking ban sparks hot debate As state health officials advocated a statewide smoking ban this week, some opponents pointed to Wichita. The city adopted a partial ban in September, prohibiting smoking in businesses that allow children. Bars that don't admit children can still allow smoking. Smoking also is allowed in restaurants that have an enclosed smoking room with a separate ventilation system. The partial ban, said Wichita bar owner Larry Doss, is preferable to a complete ban. The Kansas Restaurant and Hospitality Association and the Kansas Licensed Beverage Association also testified against the bill and advocated an alternative that looks more like Wichita's plan. "The decisions I make are in response to my customers, because they vote with their pocketbooks," Doss, who owns Walt's Sports Bar and Grill, told the Senate Public Health and Welfare Committee on Thursday. He chose to allow smoking when Wichita's partial ban went into effect. But health advocates -- who also proposed increasing the tax on cigarettes by 75 cents to $1.54 a pack -- say a complete ban is needed in public places for health reasons. It's the top policy goal for health officials this year. Smoking ban petition verified In an e-mail at 11:23 a.m. today, Tammy Vopat, Lyon County clerk, said the petition organized by Emporia Open for Business has been verified with 793 signatures of qualified Emporia registered voters. Let's vote on smoking ban One person who no doubt supports the smoking ban that will take effect in Salina in about 90 days is Kansas Governor Kathleen Sebelius. The governor on Tuesday said that with the growing number of cities that have enacted their own smoking bans, soon the majority of all Kansans will be living in a community that has some sort of mandate. She would like all Kansans to live in a smoke free environment. Sebelius says that she supports a state-wide smoking ban. She says it is the single best thing that can be done for the long-term health of Kansans, and it doesn't cost a thing. City commission votes 3-2 for smoking ban After listening to an hour and half of comment, primarily from opponents, Salina City Commissioners on Monday voted 3-2 to pass an ordinance that will ban smoking in basically all indoor places, except for private homes. Proponents call the ordinance a good step for Salina and for the state. "It moves Salina to the direction of being a truly progressive city. It will change the mind-set in a positive way," said Trent Davis, a local neurologist and member of the Salina Area Tobacco Prevention Coalition. The ordinance will replace the one that Salinans passed in 2002. The new ordinance prohibits smoking in all areas of a building that the public or employees would be expected to occupy. It includes lobbies, hallways and break rooms, all city-owned buildings and vehicles, all vehicles used for public transportation, all restaurants, bars, bingo parlors and bowling alleys, all private clubs and the area within 10 feet of a building's primary entrance. Emporia Locals Submit Petition Against Smoking Ban Local business owners submitted a petition against the smoking ban in Emporia today. Representatives of Emporia Open for Business gave the city clerk about 1400 signatures to force the issue to a public vote. They needed to gather more than 700 signatures by February 2nd. Local business owners expressed a concern that the smoking ban will negatively impact their business. Judge delays KC’s ban on smoking in bars and restaurants Nine establishments sued to challenge that law, and Circuit Judge John O'Malley issued a temporary restraining order Wednesday preventing enforcement until he could hold a hearing June 20 on the merits of the lawsuit. In the meantime, the city's existing smoking restrictions remain in effect. Those restrictions, approved earlier this year by the City Council, allow smoking in bars but prohibit it in restaurants without liquor licenses. For restaurants with liquor licenses, smoking is allowed after 9 p.m. if all the patrons in the restaurant are age 21 or older. The more stringent voter-approved measure, if upheld, supplants the council version. New Mission ordinance restricts smoking The city of Mission has become the latest community in the metro area to snuff out smoking in bars and restaurants. Council members, in a 5-3 vote Wednesday, adopted a citywide anti-smoking ordinance. The ordinance, which will take effect on Sept. 1, prohibits smoking in all enclosed places of employment throughout Mission, including bars and restaurants. Court upholds Lawrence smoking ban In an opinion released this morning, the court sided with the city on all matters that had been challenged by Lawrence bar owner Dennis Steffes. Lawrence’s ban on smoking has been in effect since July 2004. It had been challenged by Dennis Steffes, owner of Last Call and Coyote nightclubs, who said the ordinance is unconstitutionally vague and illegally supersedes state law. |
Smokefree Dining/Travel |
Media |
State Resources |