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INDIANAPOLIS – A statewide smoking ban moved forward in the Indiana House on Wednesday but now contains major exceptions, leaving thousands of workers around the state unprotected from secondhand smoke.
As introduced, House Bill 1213 would have prohibited smoking in all public places and enclosed areas of employment. Much of the testimony in a four-hour hearing on the bill last week centered on the harmful effects of secondhand smoke on Hoosier workers.
But lawmakers amended the bill Wednesday to provide exemptions for bars, casinos and some small, family businesses.
“I am more comfortable with these decisions being driven by a market” rather than government intrusion, said Rep. Matt Bell, R-Avilla.
He voted for the changes but against the bill. The overall tally from the House Public Policy Committee was 7-5, with Rep. Phil GiaQuinta, D-Fort Wayne, supporting the weakened bill.
“This is not what I’d like to see,” he said. “We’ll be back here in a few years talking about it again.”
The amended bill allows local ordinances to be more restrictive – such as Fort Wayne’s – but they are grandfathered in only if they are in place by the end of the year.
At least 29 states, along with Puerto Rico and the District of Columbia, have smoke-free laws that cover workplaces, restaurants, bars or combinations of such places, according to the American Nonsmokers’ Rights.
“It’s hard for me to compromise on this issue because I truly believe all of us have the right to breathe clean smoke-free air,” said Rep. Charlie Brown, D-Gary. “Why are we always bringing up the rear? Don’t you get tired of being the caboose?”
Casino and bar owners say they will lose business from a smoking ban even though many studies in states with long-term bans have found no adverse effects.
But Rep. Jackie Walorski, R-Elkhart, said the risk is too great to take in her district, which is experiencing high levels of unemployment.
“Right now I can’t have one job endangered in my district,” she said.
The bill now moves to the full House.
