Lawmakers to debate smoking ban for restaurants

?It?s unhealthy, No. 1,? he said, ?and it doesn?t smell good.?

That pretty well sums up the feelings of many nonsmokers who will be watching the state Legislature this year as it debates how to protect people from second-hand smoke.

A new legislative session is under way, and lawmakers are expected to take up several proposals aimed at restricting smoking in public places.

Two of the most contentious issues will be proposals to ban smoking in restaurants and to give local governments the authority to regulate public smoking in their own communities.

Germantown, a Memphis suburb, is one of several Tennessee cities that have debated banning smoking in restaurants, only to be blocked by the Legislature?s exclusive control over smoking rules.

Historically, smoking critics have struggled in Nashville where pro-tobacco forces and their lobbyists are tough competitors. The American Lung Association, on a national report card rating states for smoke-free air, gives Tennessee an F.

Nineteen states have some restrictions on smoking in restaurants, the association says.

Proponents of tighter rules on smoking in public are encouraged by a smoking ban in state-owned buildings approved by the Legislature last session. And Sen. Paul Stanley, R-Germantown, said he will ask fellow lawmakers again this year to let cities and counties set their own rules for public smoking.

Smoking should be banned in restaurants, Stanley said, to protect the health of nonsmokers, including children, and to make dining out more enjoyable for people bothered by cigarette smoke.

Stanley said he will not propose a smoking ban for bars, however.

?It is imperative that we clearly define the difference between a bar and a restaurant,? he said. ?I believe when you go into a bar, you know what atmosphere you?re walking into.?

A business that makes most of its money on alcohol is a bar, Stanley said, while a restaurant sells mostly food.

Such distinctions don?t sit well with the Tennessee Restaurant Association, which argues that its members should not have to deal with smoking bans unless all other business in the state do also.

?We?re businesses no different from any other retail businesses out there,? said association President Ronnie Hart. ?Why do you want to single out restaurants??

The Legislature took away most local control over public smoking in 1994 when it passed a law that was billed as an attempt to keep tobacco away from children and teenagers. The law also barred local governments from regulating tobacco use more tightly than the state does.

Germantown has pressed state lawmakers for several years for more authority to set anti-smoking rules.

Despite the optimism felt by some smoking critics, House Speaker Jimmy Naifeh, D-Covington, has said he expects a ?pro-business attitude? to limit further moves to restrict indoor smoking.

Naifeh is expected to follow tradition and send anti-smoking proposals to the tobacco-friendly Agriculture Committee, though smoking critics say such measures are matters of public health, not agriculture.

Stanley said lawmakers will be faced with heightened public concerns over the health hazards of indoor smoking and recent moves by other states around the country to restrict smoking in public places, including restaurants.

?Clearly,? he said, ?second-hand smoke is dangerous.?