After years of debate and several months of intense negotiations, the statewide smoking ban cleared its final hurdle on Monday when Gov. Jim Doyle signed the bipartisan compromise into law. By July 5, 2010, all public buildings and places of employment will be smoke free.
Cigarette smoking will be prohibited in indoor areas such as restaurants and bars, sports arenas, health care facilities, prisons and jails, retail establishments, office buildings and governmental buildings.
I voted in favor of the new law. But Wisconsin’s decision to follow the lead of our neighbors, states around the country and other nations was not one I took lightly. The health benefits of a smoking ban are clear and the state has an obligation to promote health and wellness. But taking this step meant eliminating choices for private businesses and removing options for local communities and that’s what gave me pause.
I believe that local officials are usually best equipped to make the right decisions for their communities. And I believe businesses owners generally know best how to create jobs and keep our economy strong. In this instance though, I felt our local and regional economies would benefit most from statewide uniformity.
The current patchwork of local ordinances pits one town’s bars and restaurants against others just across the town line. Without a statewide standard, bars that are forced to prohibit smoking will likely lose business to bars in neighboring communities that aren’t. Small businesses would fail, workers would find themselves unemployed and local tax revenues would drop.
By leveling the playing field, we’re ensuring that the success or failure of bars and restaurants hinges on the know-how of the owners. We’ve removed an artificial advantage or disadvantage bestowed by government.
Under the bill, business owners who fail to provide a smoke-free environment for employees and patrons will pay fines between $100 and $250, unless they attempt to put a stop to the violation. Cigar bars and tobacco retailers that meet statutorily set sales levels are exempted from the ban. Finally, restaurants and taverns can construct outdoor smoking areas.
I am pleased that after many years of debate and negotiation, supporters and opponents of the ban were able to find middle ground. The compromise offered by the bill’s authors creates a common-sense standard for regulating smoking in public places that protects the health of workers and patrons without driving taverns and restaurants out of business.
State Rep. Mike Huebsch, R-West Salem, represents the 94th District.

