PRINT ADS

Dane County officials are expecting less resistance to a public smoking ban proposed Thursday than Madison faced four years ago.

But some critics are framing the issue in terms of local control, saying the county should butt out of town business.

The county's proposed public smoking ban would be similar to what Madison passed in 2004 after months of fierce debate. That proposal banned smoking in workplaces, including bars, restaurants and bowling alleys.

The version proposed for Dane County — which is divided into cities, villages and towns — would affect the towns, which have about 80,000 residents. It wouldn't apply to cities and villages because the county lacks jurisdiction there.

The differences between the Dane County proposal and Madison's ordinance include: Madison allows smoking outside bar entrances, whereas the Dane County proposal bans smoking within 15 feet of an entrance; Madison exempts cigar bars, private clubs, tobacco retailers and theater stages, which the Dane County proposal does not; and the Dane County proposal fines patrons $100 for each offense. The Madison ordinance only fines the owner of a business for a violation.

Dane County Board Sup. Mark Opitz, of Middleton, introduced the smoking ban ordinance amendment Thursday night, along with a resolution calling on Dane County cities and villages to pass their own smoking bans.

As drafted, the proposal would take effect 90 days after passing the board. Madison's ban took effect in July 2005 more than a year after passing the City Council.

"Mostly this is about public health," Opitz said. "In the absence of state leadership, we're taking action here today."

A proposal to ban smoking in public workplaces statewide, including bars and restaurants, failed to pass the Legislature last session. Proponents, including Sen. Fred Risser, D-Madison, have vowed to raise the issue again next session.

Sup. David Wiganowsky, of Sun Prairie, an outspoken opponent of Madison's smoking ban, said he is uncertain about the county's proposal. He said his bar, Wiggie's in Madison, lost 47 percent of its business in 2004 as smoking customers flocked to other establishments.

"I've got mixed feelings if it's good or not," Wiganowsky said. "I'm opposed to the idea of making it a mandate."

Robert von Rutenberg, owner of the Nau-Ti-Gal restaurant in the town of Westport, voluntarily banned smoking inside his restaurant on June 1. As a result, he said, business has been up as smoking patrons can still smoke at the outdoor cocktail area.

"The reaction has been overwhelmingly positive," von Rutenberg said.

The Dane County Towns Association was not consulted about the proposal before it was announced Thursday, said association attorney Mark Hazelbaker.

"It's more a complaint about courtesy than merits," Hazelbaker said. "I don't think anybody is arguing for smoking being a good thing."

Dane County would become the first in the state to ban smoking in taverns and the second to ban smoking in restaurants. La Crosse County passed a smoking ban in restaurants in 2003 after the city of La Crosse passed a similar ban in 2000.

A recent poll commissioned by antismoking advocates found 69 percent of Wisconsin residents favored a statewide smoking ban. In the Madison area, the poll found 85 percent of residents supported the statewide ban.

Liz Sanger, with Smoke Free Wisconsin, said the broader support in the Madison area was due to growing satisfaction with its smoking ban. "Once these laws go into effect, they're very popular," Sanger said.

Board Chairman Scott McDonell said he was apprehensive when Madison passed its ban, but the results have been positive. "This is the trend," McDonell said. "Eventually the state will be smoke-free. This will give (Dane County) businesses ... a head start."