| Bars Face Smoking Ban |
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| News - Osawatomie | |||
| Written by Travis Perry | |||
| Wednesday, 10 March 2010 09:00 | |||
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Rural Osawatomie resident Claud Blackman sat at a table in Tailgators Bar and Grill last Thursday, watching television, talking with friends and having a cigarette. It’s a moment he’s repeated many times, and it’s one of the main reasons he enjoys going to Tailgators. Blackman said he enjoys a good cigarette; it’s his way to unwind after a hard day.  But legislation en route to Kansas’ governor could make the privilege enjoyed by Blackman and others like him go up in smoke. On Feb. 25, the Kansas House approved a measure that could make Kansas the 31st state to implement some form of smoking ban. Gov. Mark Parkinson has lauded the bill, saying he would sign any such legislation into law. Should he sign a ban, it would take effect July 1. The legislation would ban smoking in public places, in taxicabs and at building access points, as well as in restaurants, bars and other places of employment. Exceptions would be made for tobacco shops, private homes (except when used as a day-care facility) and private clubs that meet specific criteria. The state would levy a $100 fine for a violation, $200 for a second violation within a year of the initial offense and $500 for every subsequent violation within a year of the first. The measure has some Osawatomie business owners worried about how their customer base will be affected. Dale Morgan, who owns Tailgators, estimated that on any given night, about 60 percent of his customers are smokers — giving him cause for concern about the issue. Blackman succinctly stated his opposition to the legislation including bars and taverns in the ban and said he likely would stop going to places like Tailgators if it were implemented. “Ninety-percent of people go to a bar to drink. Is that any more dangerous than smoking?” Blackman said, venting frustration with the issue. “The state’s saying they need more tax money, then they ban smoking in a place like this.” Morgan’s primary worry is that the smoking ban will put his establishment at a disadvantage when compared with such places as the Osawatomie Elks Lodge, which would be exempt from the ban because of its required membership dues. “I’m definitely concerned about it,” he said. “I’m concerned that I won’t be on a level playing field.” Tony Savage, owner of The Flood Zone and Sports Bar, voiced similar worries, estimating that on an average night, the majority of his customers are smokers. “It’s going to probably have a big effect on us,” he said. “We’re going to have to adapt to the new law and serve the customers the best we can.” While Morgan is displeased by the legislation, he admits that it could make the working environment better for him and the rest of his staff, none of whom smoke. Additionally, it would lighten the load in terms of cleaning; projectors, tables, speakers, nearly everything would be much cleaner without smoke hanging in the air, he said. Still, this is a decision he wished would not be forced upon him. Savage would prefer if the state would allow a second option for public bars to pay a fee to be smoke-free; not only would that allow establishments to continue to choose for themselves, but it also would generate revenue for the state, he said. Morgan, who is still trying to decide what he will do if the ban is implemented, said he thinks “the market should determine who has smoking and who doesn’t. It’d be nice for us to be able to make that decision.”
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