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More Smoking Ban Controversy

Posted on Thursday, June 12, 2008 at 09:21AM by Registered CommenterNathan Greene in | Comments2 Comments

By Emily Geiger

It appears that more drama related to the smoking ban is brewing. An administrative rules committee was supposed to vote this week on the approval of certain administrative rules that would more clearly define the smoking ban and provide more details about its implementation.

Certain people are upset about how the proposed rules define bars versus restaurants. This is important because, under the law, bars can allow smoking on outdoor patios, but restaurants can’t. Under the proposed rules, if you serve any type of food more complicated than a frozen pizza, you are considered a restaurant, and therefore can’t allow smoking on outdoor patios. Given this narrow definition of a bar (and this wide definition of a restaurant), establishments that most people would consider bars are not going to be able to allow outdoor smoking because they serve some prepared food items.

I do think this is a stupid rule. Shouldn’t the determination of what is a bar or a restaurant maybe be determined by what percentage of revenues comes from alcohol? This might take a little more work on the part of the inspectors who might have to break out a calculator and learn to perform a little math, but I think that would be a more reasonable method of classifying these establishments.

I am, however, getting a little sick of the whining coming from some in the anti-smoking ban crowd. Take for example this quote from a bar owner in Fort Madison.

"I've never seen this kind of meanness and we need to think about that."

Huh?!? You’d swear someone tortured his dog just to spite him. That would be mean. This stupid rule isn’t. It’s just a stupid rule. If you don’t like the proposed rule, here’s a novel idea. Write a letter or make some phone calls to make your opinion known to the people who have control over this.

Due to the flooding concerns in the state, the vote on the rule has been delayed until August. If you don’t like the proposed rule, take this opportunity to stop whining and do something about it.

Reader Comments (2)

The following is our letter to those decision makers!

I am an Iowa In Home Child care provider. I have no issues with the smoking ban when it comes to no smoking in my home ever! and No Smoking when I have children in my care.. What I do have a problem with however are the hours when there are no children in my care. My husband is a smoker and we have ! family and friends who visit us. Just as every other "Private" home owner does in this great state of ours. I NEVER allow smoking in my home. But I do allow my husband, family and friends to smoke outside when my day care Children are NOT present. The new law is unconstitutional on so many levels. When it is allowed in some places but not others. And it is unconstitutional when my Husband cannot have a cigarette in his own back yard, that he purchased, and pays taxes on. It is an infringement on my rights to have to tell our friends and family that they cannot smoke in our yard. Yes, When I am caring for children M-F until 5pm at night.. NO SMOKING ANYWHERE.. When children are present in my home for care ... NO SMOKING IN MY HOME 24hrs 7 days a week. But when you include the out door lawn? Ridiculous!Even work places are allowed to have smoking on the property as long as it is a designated area outside at so many feet... This is our home... NOT a business when the! children are with their own families. My home, indoors, is a smoke fr ee environment 24/7 and it should be if you have children or care for children I agree.. My husband, family and friends although are not effecting anyone when they go outdoors and do not have any children around them. Childcare centers are not allowed to have alcohol in them. Is that what is next. Am I going to soon have to tell my husband that not only can he not smoke on Saturday afternoonm but now he cannot even have beer
,now and than, unless he leaves the property? And again.. How are you not infringing on my rights? I thought we lived in a free country? I guess I was wrong.

June 27, 2008 | Unregistered CommenterPeacefulflame

I think this law is so stupid...if they want to help Iowan's get healthier maybe they should look more at the food's they put in Iowa. So I guess now you can't have a cigarette, but you can still go to McDonald's and eat 500 grams of fat. Obesity kills more Iowan's than smoking each year. The government is trying to control WWWWAAAAYYYY too much!

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