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GORDON GARNOS

 

(5/28/2007)

 

 

Will South Dakota follow Minnesota when it comes to a tougher smoking ban?

AT ISSUE: Minnesota became the 20th state a couple of weeks ago to ban smoking in most public buildings. This includes a ban in bars and eateries and just about every other public building in the state. Our question is will South Dakota follow in the footsteps of our neighboring state to the east? Also, the question of should more liquor licenses in the state be authorized by the South Dakota Legislature? That will be discussed in Part II in today's column.

AS OF OCTOBER 1, Minnesota will have one of the strongest smoking bans enacted in the nation. Its governor two weeks ago signed the legislation into law effective on that date. Minnesota will then be the 20th state in the nation to crack down on smoking in most public buildings.

Governor Tim Pawlenty signed the "Freedom to Breathe Act" that anti-smoking advocates have been asking for years.

Minnesota took the anti-smoking lead in 1975 when its Legislature passed the Clean Indoor Air Act. This limited smoking to just designated areas in public places and at public meetings. Come Oct. 1, the "Freedom to Breathe Act" will prohibit smoking in bars, restaurants, bowling alleys, VFWs, American Legions and country club lounges. It also prohibits smoking on public buses, trains, taxis, limousines and transit shelters and terminals.

THOSE OPPOSED TO the new smoking ban argued pretty much like those last winter in South Dakota who opposed any kind of a smoking ban. Still, the last session our Legislature did pass a law that was signed by Governor Mike Rounds that amounts to a limited ban on smoking. That legislation raised the state tax by a buck on a pack of cigarettes. That intent, of course was to reduce smoking, especially by our teenagers and even those younger because the increased price of smokes would be harder to come by. Apparently it is doing what was intended, to cut down smoking in the state.

There has been attempts to have tougher smoking bans in South Dakota, but other than raising the price of a pack of cigarettes the other proposed bans didn't go very far. During the last legislative session a bill that failed to get much support would have outlawed smoking in almost all public places except tobacco shops, some sleeping rooms in hotels and motels and businesses where gambling is legal.

SPECIFICALLY, THAT BILL would have allowed smoking in just Deadwood casinos and only in those bars and lounges licensed for video lottery gambling. That bill passed in the state Senate by one vote, but went down in defeat in the state House of Representatives.

State law still allows smoking in all establishments that are licensed to sell alcohol products. Some restaurants and other businesses got alcohol licenses so they could continue to allow their customers to smoke. Also, another consequence of the law as it now stands got more businesses across the state to get video lottery installed.

Will South Dakota ever get a tougher law against smoking? As much as I would like to see more public places smoke free and no matter what the health risks are by not having such a law, history tells us such a ban is a long way down the road....

Should the South Dakota Legislature authorize more liquor licenses?

ONE WILL FIND few issues that create more division than issues relating to liquor. This includes the state issuing more licenses for communities across South Dakota.

Under current law the number of liquor licenses is established by the population of a municipality. Most of the cities in the state are now at their maximum limit. To get more would have to be legislation and such legislative leaders as state Senator Gene Abdallah are violently opposed.

Abdallah, the former U.S. marshal and former head of the highway patrol, in a recent article was said that opening more liquor licenses in the state "gets his blood boiling."

"It's hard to understand it. We have the third worst record in the United States in terms of alcohol-related fatalities. We lost 13 juveniles last year..."

WE CAN'T ARGUE with what he says. At the same time, some of the larger cities in the state would like more licenses to help draw chain restaurants to town. They won't come unless they can have a license. Are such restaurants coming to town really economic development? Many community leaders think so.

However, we have to agree with Senator Abdallah, it makes no sense (to have more licenses) considering South Dakota ranks third in the nation in terms of alcohol-related fatalities....

 

Gordon Garnos was long-time editor of the Watertown Public Opinion and recently retired after 39 years with that newspaper.  Garnos, a lifelong resident of South Dakota except for his military service in the U.S. Air Force, was born and raised in Presho.

 

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