Assembly to consider smoking ban

Gusciora’s proposal to protect patrons, staff in public places.

By: Jennifer Potash
   Nearly three years after adopting a ban on smoking in public places that was later overturned by the courts, the Princeton Regional Health Commission may soon find some vindication.
   The state Assembly could soon consider a bill that bans smoking in most public places such as common areas of restaurants, bars, banks and hotels.
   Sponsored by Assemblyman Reed Gusciora (D-Princeton Borough), the Clean Indoor Air Act was unanimously recommend by the assembly’s Environment and Solid Water Committee on Thursday. The bill, which does permit businesses to create smoking areas, provided they have separate ventilation systems, now heads to the Assembly Health Committee for review.
   One of the Princeton Health Commission’s motivations in establishing the smoking ban was to ensure that all employees — from office workers to wait staff — would be protected equally from secondhand smoke.
   Grace Sinden, a member of the Health Commission and strong supporter of the municipal ban, said the proposed legislation offers that protection.
   "The governor and the Legislature should get behind this measure to restore faith in government and its ability to protect the public even in the face of heavy lobbying from powerful interests," Ms. Sinden said.
   The Health Commission, which represents Princeton Borough and Princeton Township, recently wrote to the governor asking him to support bills languishing in the Legislature that would permit municipalities and regional health commissions to ban smoking in public places.
   Larry Downs, executive director of New Jersey Breathes, a coalition of 50 health organizations, said the bill is the best and fastest way to protect the population from the deleterious effects of secondhand smoke which can cause cardiovascular illness, asthma and middle-ear infections in children.
   "We’re thrilled," he said.
   Several other states and major cities have adopted bans, notably California and New York City, Mr. Downs said.
   A smoking ban in pubs in Dublin, Ireland, will take effect next year, said Mr. Gusciora.
   Mr. Gusciora said casino and restaurant workers testified before the committee about dealing with health problems, such as asthma and emphysema, from working for decades in smoky conditions.
   The passage out of committee represents a major step forward for these anti-smoking bills, which have fizzled out in past legislative sessions without a hearing.
   Opponents of the legislation claim the marketplace already dictates whether an eating establishment or a bar is smoke free.
   Tom Schmierer, owner of the Alchemist & Barrister restaurant on Witherspoon Street, testified before the Assembly Environment Committee last week. He said during his 26-year ownership, his smoking policy, based on customer demand, has evolved from allowing smoking throughout the restaurant to three smoke-free dining rooms with smoking only at the pub. No employee is forced to work a smoking section at the Alchemist & Barrister, he said.
   "I only had one employee who requested not to work in the smoking section," he said.
   Should the ban go into effect, Mr. Schmierer said he fears the loss of the smoker crowd, which tends to come into the pub after the dinner hour, he said.
   "We’re not a young person’s bar so these people will go elsewhere or just stay home," he said.
   Mr. Gusciora disagreed with Mr. Schmierer’s argument.
   "I don’t think stamping the butts out is going to stop anyone from coming to Princeton," he said.
   Another concern raised with the bill is the exemptions carved out for social clubs, religious organizations, fraternal organizations and small, owner-operated bars.
   "It’s just unfair," Mr. Schmierer said.
   In a perfect world, the legislation would permit no exemptions, but this bill is worth adopting as it protects a larger minority of people, Mr. Downs said.
   Another aspect of the bill, unlike existing legislation, authorizes municipalities to enact tougher bans, Mr. Downs said.
   At this point, there is no companion legislation in the state Senate.
   State Sen. Shirley Turner (D-Lawrence) introduced a bill permitting municipalities and local boards of health to enact smoking bans, which was forwarded by the Health Committee to the Budget and Appropriations Committee in May. Mr. Gusciora said he doesn’t know if Sen. Turner will commit to a full statewide ban. Sen. Turner did not return a call seeking comment Monday.
   Mercer County Executive Robert Prunetti opposes the legislation as "overreaching governmental intrusion that would infringe upon the personal freedoms of individuals and the property rights of business owners."
   He continued, "I hope more people will join with me and challenge this proposed smoking ban which seeks to jeopardize the very principles of freedom that the United States of America was founded upon."