Business Owners, Health Advocates Face Off at Hearing

Health concerns and economic interests clashed yesterday as Maryland lawmakers heard testimony on a long-debated bill to make restaurants and bars across the state smoke-free.

The measure would prohibit patrons from lighting up in restaurants and bars, the only public places that were exempted from a workplace smoking ban that the state approved more than a decade ago. Few restaurants still allow smoking in eating areas, but the bill would also forbid it in their bars and in stand-alone bars.

Similar bills have been killed in four previous years in the General Assembly, opposed by lawmakers from districts heavy with bars and tobacco growers. Health advocates say they have new momentum this year, with the endorsement of Gov. Martin O'Malley (D), House and Senate leaders and a local restriction approved in Baltimore last month.

Yesterday's packed, emotional hearing before a House committee brought out many advocates on both sides of the issue.

"There's a virtual mountain of scientific evidence that secondhand smoke is unhealthy," Del. Barbara A. Frush (D-Prince George's), lead House sponsor of the Clean Indoor Air Act of 2007, told the House Economic Matters Committee. "For us to leave an issue of this importance to be dealt with voluntarily is wrong."

Montgomery County Executive Isiah Leggett (D) joined several local leaders who said alcohol profits increased after bans took effect in their jurisdictions.

But restaurant owners said their industry is at stake: Patrons who smoke tend to drink, and losing smokers would mean losing revenue.

"When customers no longer desire to smoke, this debate will no longer be an issue," said Melvin R. Thompson of the Restaurant Association of Maryland. "But to deny . . . owners the right to make market-based decisions on issues that affect their bottom lines is a slap in the face of free enterprise."

Health advocates hope this is the year Maryland will join the District and 16 states that have approved similar bans. Four counties, including Montgomery and Prince George's, and the city of Baltimore prohibit smoking in restaurants and bars. Charles County bans smoking in restaurants but exempts bars.

The House and Senate committees considering the bill appear to be split, and the issue is shaping up to be one of the nail-biters of the legislative session, with feverish lobbying campaigns by opponents and advocates.

In the Senate, Finance Committee Chairman Thomas M. Middleton (D-Charles) predicted yesterday that he might have to break a tie vote. If the bill doesn't have enough support, he will not bring it to the Senate floor, he said.

In the House, Economic Matters Committee Chairman Dereck E. Davis (D-Prince George's) could not predict whether his committee will turn back the bill or pass it.

Opponents of the bill said yesterday that they are motivated by economic concerns and resistance to government intrusion.

"The last few years, all we've done is take away people's rights," said Del. Joseph J. Minnick (D-Baltimore County), who serves on the committee. "It's got to stop somewhere."

Sen. Allan H. Kittleman (R-Howard), the minority whip and a member of the Finance Committee, said he will oppose the bill to protect restaurants.

"I think it's something the marketplace should decide," Kittleman said. "It's a freedom-of-choice issue."

Senate President Thomas V. Mike Miller Jr. (D-Calvert) and House Speaker Michael E. Busch (D-Anne Arundel) said they have not championed a statewide ban or leaned on their members. But they said they would vote for the bill if it comes out of committee.

"Nowadays if you go into a restaurant or bar and smell smoke, it can be extremely offensive," Miller said.