Oklahoma smoking laws set to change

[Pete]

OKCTalk has learned from a number of restaurant and bar operators the smoking laws are almost certain to change very soon.

The Oklahoma Restaurant Association (ORA), the main lobbying group for the food service industry in the state, has decided to work with legislators on the new law, in the hope they can help shape it. It seems they have accepted the fact things are going to change so they will shift their focus to softening the impact to their members.

Look for a new bill to be introduced next month. It would ban smoking in all public places (including bars and restaurants) but would allow one year to comply. Currently, any bar that only admits those over 21 can allow smoking. Also, bars and restaurants can operate smoking rooms as long as they meet guidelines for separation and ventilation.

The current restrictions became effective on March 1, 2006, at which time several restaurants opted to spend considerable sums to create new smoking areas.

It seems one compromise the ORA is hoping to achieve is to minimize the distance from a door that smoking can occur, and effectively allow smoking on most patios. Also, they are hoping to make exceptions for tobacco and cigar retailers.

If the new law makes it out of committee in the current session, most feel it will have enough votes to pass. There is the possibility it won't make it that far, but those in the industry have pretty much accepted the reality it would only be delayed one more year, if then.

We've been told that bankers are no longer loaning money to businesses where their plan is strongly tied to indoor smoking, as they are confident of the law changing in the next year or two.

Also, I know some restaurants and bars that allow smoking are already making plans for the switch.

At 25.2%, Oklahoma's smoking rate among adults is the 4th highest in the country, behind only Kentucky, West Virginia, and Mississippi.

Oklahoma is one of only 13 states that does not have a statewide smoking ban.

Texas is set to consider a ban in the coming year but unlike Oklahoma, allows counties and cities to establish their own regulations. Currently, over 100 cities in Texas have instituted smoking bans.

The current Oklahoma law specifically prohibits cities from instituting smoking bans more restrictive than the state regulations.

[bchris02]

Oklahoma lawmaker proposes legislation to make public places smoke-free | News OK

This is a step in the right direction. While I personally would establish a system that didn't outright ban smoking but instead penalized businesses that allowed it with a tax, something needs to change in this area. One of the biggest complaints I hear from new transplants to OKC is the fact smoking is still common in most bars being that most of the time they are coming from a state that has banned it. There are some negative implications however. Does anybody know whether or not this includes exemptions for places like cigar bars? Whether or not I support it depends greatly on that.

[Pete]

The ORA will use their ample lobbying forces to stall this as much as possible, but it seems they even know the writing is on the wall.

As stated in the article atop the page, they may be able to stall one more year, but that's probably as far as this will be strung out.

[Pete]

Oklahoma lawmaker proposes legislation to make public places smoke-free | News OK

This is a step in the right direction. While I personally would establish a system that didn't outright ban smoking but instead penalized businesses that allowed it with a tax, something needs to change in this area.

The legislation would ban smoking in all public areas.

[corwin1968]

My opinion is that they should maximize the distance from the doors that people can smoke. I hate having to walk thru people's second-hand smoke to enter a building! I'm all for a state-wide ban but would support limited exceptions, like cigar/tobacco stores. Will this also apply to people driving cars? One of my biggest pet-peeves is being stuck at a stoplight and having to inhale someone's second-hand smoke. Makes me irrational.

[Pete]

Several other states have ordinances that ban smoking within 20 feet of any door into a public space.

I believe the ORA is hoping to get that reduced or eliminated otherwise large sections of many patios will be affected.

[Plutonic Panda]

The legislation would ban smoking in all public areas.

thats good. Smoking should not be banned in private businesses. If I open a business, it should be up to me whether I would smoking or not.

[Pete]

thats good. Smoking should not be banned in private businesses. If I open a business, it should be up to me whether I would smoking or not.

There is already a ban in all workplaces -- including private businesses -- with a few exceptions.

[OkiePoke]

Kind of off topic, but how does Henry Hudsons allow smoking in all of their restaurants. I thought if food is served, smoking has to be segregated.

I don't visit bars that allow smoking inside any longer. I loved going out in Dallas for that fact. There are more and more places banning smoking indoors; I'm glad this is going through.

I would like to see an exception for establishments that are focused on smoking, cigar lounges, etc.

[Plutonic Panda]

There is already a ban in all workplaces -- including private businesses -- with a few exceptions.

really? I have personally seen restaraunts that allow smoking.

[David]

really? I have personally seen restaraunts that allow smoking.

From the article:

Currently, any bar that only admits those over 21 can allow smoking. Also, bars and restaurants can operate smoking rooms as long as they meet guidelines for separation and ventilation.

I imagine those are the few exceptions that Pete mentioned.

[Pete]

Kind of off topic, but how does Henry Hudsons allow smoking in all of their restaurants. I thought if food is served, smoking has to be segregated.

The currently law provides exceptions for segregated/ventilated areas OR places which only allow those over 21.

[onthestrip]

For about 4 or 5 straight years, there has been a law proposed that would allow cities to make their own tougher smoking laws than the states. We are only one of two states (Tennessee is the other) that prevent cities having tougher smoking laws than the state. Kinda like our lawmakers preventing cities from having a higher min wage than the state. But several of the previous years attempts at changing the law was shot down in committee by Sen. Brian Crain. And not too surprisingly, Crain has been one of, if not the biggest recipient of tobacco lobbying money.

So best of luck to Sen. Grffin to actually ban it outright. Because even just allowing cities to decide has been too difficult of a task for the folks at the capital. I do feel like this ban on indoor smoking would have a huge impact on reducing rates and new smokers. And at the same time it will lower peoples dry cleaning bills!

[Pete]

^

Many restaurant and bar operators opposed the city-by-city legislation because they want a consistent state-wide ban.

I think there is a good chance the statewide law will finally go to the people, where it would be sure to pass.

[trousers]

Will this also apply to people driving cars? One of my biggest pet-peeves is being stuck at a stoplight and having to inhale someone's second-hand smoke. Makes me irrational.

Really...seems a little extreme?

[Pete]

Many states ban smoking in the car when a minor is also on board.

[OkiePoke]

Really...seems a little extreme?

My biggest problem with that is most of them throw their cigarette out the window when they are done.

[OkiePoke]

The currently law provides exceptions for segregated/ventilated areas OR places which only allow those over 21.

I see. I thought if the establishment served food, they couldn't smoke too. Now I know, thanks.

[Jersey Boss]

My biggest problem with that is most of them throw their cigarette out the window when they are done.

While this is true in some cases, a case could be made for outlawing drive thru fast food joints based on trash coming out of windows and cargo areas of p/u trucks.

[trousers]

While this is true in some cases, a case could be made for outlawing drive thru fast food joints based on trash coming out of windows and cargo areas of p/u trucks.

Beat me too it. Also any store that uses plastic bags, the tumbleweed of the future.

[Plutonic Panda]

Plastic bags and styrofoam should be outlawed.

[Zuplar]

I'm okay for banning in public places, but telling anyone what to do in their own establishment is an infringement on liberty and I'm strongly against.

[adaniel]

^
We do it all the time (bars can't serve intoxicated people, business can't discriminate on basis of race, can't price gouge people during times of crisis, etc.) The notion that business can do whatever the hell they want because 'Murica has never been true in modern times. We live in a modern society governed by laws to allow for a certain level of order and health.

Freedom and liberty are nice but there is nothing in the constitution that allows you to breathe carcinogens in my face. Whether that is in a publicly or privately owned establishment is besides the point IMO. At a minimum, a state government that is led by people who complain loudly about federal overreach are huge hypocrites by not allowing municipalities to govern themselves when it comes to this.

[Zuplar]

^
We do it all the time (bars can't serve intoxicated people, business can't discriminate on basis of race, can't price gouge people during times of crisis, etc.) The notion that business can do whatever the hell they want because 'Murica has never been true in modern times.

Freedom and liberty are nice but there is nothing in the constitution that allows you to breathe carcinogens in my face. At a minimum, a state government that is led by people who complain loudly about federal overreach are huge hypocrites by not allowing municipalities to govern themselves.

I didn't say we didn't, I said I'm against such infringements on liberty.

[trousers]

Anyone else find it funny that someone driving a combustion engine is upset about the cigarette smoke coming from another combustion engine?