BUTT OUT: Legislature again flicks away smoking ban

McALLEN — A sixth attempt to limit secondhand smoke in public places died this week in the Texas Legislature, causing disappointment for smoke-free advocates and relief for some business owners and patrons.

Texas House Bill 46 and its sister legislation, Senate Bill 28, which would have eliminated smoking in most indoor public places, did not make it to a vote by the time the special session ended Wednesday.

State Rep. Myra Crownover, R-Denton, introduced the measure as a way to cut state Medicaid costs associated with treating medical problems caused by secondhand smoke, including low birth weight, asthma and coronary heart disease.

According to a memo provided by Crownover’s office, John S. O’Brien, the director of the legislative budget board, estimated a statewide smoking ban could save the state $13 million in costs for Medicaid and the state employee healthcare system in the 2012-13 fiscal year. He also estimated it would save an additional $18 million that the federal government contributes to Medicaid. The total Medicaid budget for the 2012-13 fiscal year is $40.6 billion.

Several local bar managers, owners and patrons said they would not support a law that would limit smoking to only outdoor areas of bars.

Some nonsmokers at Smokin’ Aces, 2518 E. Business Highway 83 in Mission, on Tuesday night said they respected the right to smoke in bars. They said smoking should be prohibited in restaurants but permitted in bars.

“It’s not respectful of everyone’s wishes” to have a statewide smoking ban, said nonsmoker Bob Jones, who was visiting Texas from Arizona, which has a statewide ban.

Gilbert Garcia, general manager of Smokin’ Aces, said that if such a ban were to be implemented, he would be prepared to limit smoking to the outdoor patio.

“It wouldn’t affect us that much. (We would) probably get in more people,” he said, explaining that many people come to his venue for the entertainment.

Some Rio Grande Valley cities have smoking restrictions, but they are not as strict as Crownover’s proposal.

In McAllen, for example, smoking is permitted in establishments that gain 70 percent or more of their revenue from alcohol sales. But Crownover proposes limiting smoking in bars to outdoor areas.  

Other restricted indoor areas would include shopping malls, restaurants and government offices.

McAllen Mayor Richard Cortez, who supported the restrictions in his city, thinks bars should be exempted from a statewide ban because nonsmokers can avoid them.

“We have to respect the rights of those who wish to smoke,” Cortez said.

David Aguilar, another manager at Smokin’ Aces, said city governments should be the ones to adopt smoking regulations because residents have more input locally.

Jeff Lord, the president of the Upper Valley chapter of the Texas Restaurant Association, said he would prefer for smoking limitations to be “everywhere or nowhere” to give bars and restaurants an even playing field. Lord, a managing partner at Chili’s Grill and Bar at 501 U.S. 83 in McAllen,  said some McAllen venues lost business when the smoking restrictions passed in 2007 because smoking customers opted to eat in surrounding cities.

A statewide ban would avoid that problem, Crownover said. She pointed out that in the smoke-free city of Austin, bars that formerly had individual nonsmoking policies do not have to compete with an establishment across the street that allows smoking.

Jerry Martell — owner of Sophie’s “SS” Saloon at 6801 S. 10th St., south of McAllen — said forcing him to make his bar nonsmoking would infringe on his and his customers’ rights. Martell pointed out that only adults are permitted in bars and they should be able to choose to smoke.

“If they want to smoke, so be it,” he said.

Crownover argued that adults who visit bars have the right not to be subjected to carcinogens in the air.

“Don’t you understand that benzene harms adults as well as children?” she said of a chemical in cigarette smoke.

TRY, TRY AGAIN

Crownover has worked for six years to pass smoke-free legislation and said she is optimistic it eventually will become law.

“It’s an education issue where at first people don’t see the necessity, but I see great movement in support of the bill because they realize how well it works, that it really doesn’t infringe on anybody’s rights,” she said.

Crownover said it is not fair that restaurant and bar employees have to endure secondhand smoke.

Sandra Garza, program director of Serving Children and Adolescents in Need, a part of the Starr County Community Coalition, expressed a similar opinion when she advocated for smoking restrictions in Rio Grande City. Garza achieved her goal in March when the City Commission adopted an ordinance restricting smoking in public places. In May, the City Commission adopted another smoking ordinance that is stricter than the original. Rio Grande City, like McAllen, exempts bars from its ban.

Garza, who also has traveled to Austin to campaign for a statewide ban, said she pushed hard for children and for employees like a pregnant woman she noticed working at a Chili’s Grill and Bar.

Local bans seem to be working, but Texans will have to wait another two years for the next legislative session to see if lawmakers will restrict smoking throughout the state.  

Until then, advocates like Crownover and Smoke Free Texas will keep working.

Claudia Rodas, co-chairwoman of the Smoke Free Texas coalition, released a statement reiterating that point.

“Put simply, the coalition and our supporters are not going away, nor is this issue,” according to the statement. “We will not give up until a smoke-free workplace law is passed in Texas.” 

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Gail Burkhardt covers Mission, western Hidalgo County, Starr County and general assignments for The Monitor. She can be reached at (956) 683-4462.