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State Reps Pushing To Amend Smoking Ban

Critics Say Current Law Unfair To Some Businesses

POSTED: 3:48 pm EDT September 8, 2008
UPDATED: 6:53 pm EDT September 8, 2008

A major push to strengthen Pennsylvania's smoking ban three days before it even goes into effect was under way on Monday.

Currently, the law exempts bars where food is no more than 20 percent of annual sales, 25 percent of rooms in hotels and parts of casinos. But two local lawmakers say the ban should go further

Watch the Report from WTAE Channel 4's Jake Ploeger

State Reps. Chelsa Wagner, D-Beechview, and Dan Frankel, D-Squirrel Hill, agree: the smoking ban which goes into effect on Thursday is watered down with too many exceptions.

"I personally would favor a strong comprehensive ban to level the playing field for everybody."
- Chuck McCullough
Allegheny County Council Member At-Large
While many lawmakers wanted a uniform and comprehensive ban, Frankel said they were forced to compromise.

"We should have done it. We should have stepped up and given all Pennsylvanians a comprehensive ban. We did half the job," Frankel said.

Now Frankel and Wagner are trying to make it easier for local governments to finish the job by granting them the authority to make smoking laws stricter.

Under the incoming law, smoking would be allowed in restaurants where food makes up 20 percent or less of annual sales, in designated outdoor areas at sports arenas and theaters, in private clubs, in 25 percent of hotel rooms and truck stops. Smoking would also be allowed on 25 percent of a casino floor, in volunteer fire companies and in cigar bars and tobacco shops.

"The most glaring loophole is the one which requires some bars and restaurants to comply with the law while others do not have to," Wagner said.

Amel's Restaurant in Brookline does a good business -- maybe too good. The family-run establishment has food revenues exceeding 20 percent of its annual sales. Under the state's new smoking ban, Amel's will now be forced to snuff out smoking. That is something owner Ralph Reiland said might send customers to other bars or restaurants.

"They prefer to be here, but the government is moving them, in effect, to another bar," Reiland said.

Reiland says he favors a comprehensive ban which would then level the playing field. Chuck McCullough of the Allegheny County Council agrees.

"I personally would favor a strong comprehensive ban to level the playing field for everybody," McCullough said.

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