MITCHELL - Some state legislators say the question of banning
smoking in bars and restaurants across South Dakota should be
decided in a public vote.
On Monday, an indoor smoking ban took effect in Minnesota,
making it the 17th state in the country to ban tobacco in all bars
and restaurants.
Jennifer Stalley of the South Dakota Tobacco-Free Kids Network
said anti-smoking groups likely will push for the same thing in the
South Dakota Legislature next year.
State Sen. Ed Olson, R-Mitchell, said he anticipates just such
a bill, but he would prefer to leave the decision up to the
citizens.
"I think it's something the general public needs to tell
business and bar owners," Olson said. "I think the vote would be
successful. I can't imagine it wouldn't be."
Rep. Gary Jerke, R-Tripp, said he would instead prefer that
the Legislature give individual communities the right to decide
where smoking can take place. By doing so, smaller communities,
such as those with only one restaurant or bar, could make the
decision on their own.
"I have a real problem telling people that they can't go into
a local facility in their community," he said. "I think any
legislation where you look at barring a business is going to be a
tougher row to hoe."
Jerke said the Legislature shouldn't shy away from the
issue.
"That's what they elect representatives for," said Jerke. "I
would hope that the public would recognize that you can't bring
every single thing to a vote of the people."
Rep. Kent Juhnke, R-Vivian, said he would not support a
smoking ban in restaurants and bars because it is unnecessary
government intrusion into private business.
"I do feel for the people that cannot find alternative
employment and have to be subjected to (smoke), but it's a stretch
for what government was intended to be, especially in South
Dakota," he said. "I will not support (a ban) whatsoever."
Some lawmakers believe customers can have more of a say in the
matter.
"If their clientele are offended by the smoking, I think
they're the ones that need to talk to the owners and see what they
can do," said Sen. Julie Bartling, D-Burke.
Rep. Mike Vehle, R-Mitchell, agrees.
"I think these establishments themselves have got to start
looking at these issues and see if there are things that they can
do to work with the people that are anti-smoking and see if there
isn't something that they can work out," Vehle said. "Maybe they
should be working with those folks to come up with a solution that
doesn't really tear into what a lot of them feel will be their
business."
