As the WI statewide smoking ban slowly works its way through Madison, this odd story appeared from the AP.

Minnesota bars beat smoking ban
By GREGG AAMOT, AP, 3/6/08

MAPLEWOOD, Minn. - All the world's a stage at some of Minnesota's bars. A new state ban on smoking in restaurants and other nightspots contains an exception for performers in theatrical productions. So some bars are getting around the ban by printing up playbills, encouraging customers to come in costume, and pronouncing them "actors." if(window.yzq_d==null)window.yzq_d=new Object(); window.yzq_d['aeeGw0LEYrY-']='&U=13bt23co3%2fN%3daeeGw0LEYrY-%2fC%3d634526.11963950.12405399.8411986%2fD%3dLREC%2fB%3d4670851';

The customers are playing right along, merrily puffing away — and sometimes speaking in funny accents and doing a little improvisation, too.

The state Health Department is threatening to bring the curtain down on these sham productions. But for now, it's on with the show.  (READ FULL STORY)

The Shorewood smoking ordinance contains a similar exception.

Exceptions. The following areas shall not be subject to the smoking restrictions of this section:

(1) Retail tobacco stores. 

(2) Any stage of any theater when used in connection with any theatrical performance and so noticed in the program. 

State Rep. Sheldon Wasserman addressed the Village Board this evening, following State Sen. Alberta Darlings comments at the last meeting.  He covered a variety of issues, including gridlock at the state level, taxes, spending, Smoke Free Wisconsin, and the AT&T issue. 

Note: There seems to be something wrong with the BooMP3 player.  Hopefully it will be back online tomorrow.

boomp3.com

The entire discussion (about 27 minutes) is well worth a listen, but the most interesting part came around the 7:00 to 8:40  mark, when he appeared to blame Charlie Sykes and Mark Belling for preventing a balanced budget in Wisconsin by opposing the hospital tax. 

"The estimate on the budget deficit is $300-$400 million.  And the question is where the money is going to come from.  And we typically we have these repair budgets.  But the question comes in, if the repair budget includes a tax increase, any tax increase, the Republicans Assembly members say, 'we're not going to back it.'  We'd rather have a deficit than have a tax increase.  And then you also the only thing that could fill in this tax increase...the only thing that's really out there is the hospital tax, which is really more the Federal Government giving money through Medicaid.  It's kind of an exchange of money.

"Even though the hospital association has been very for it.  At first they were against it, now they absolutely want it because the majority of the hospital systems in the state are going to get a tremendous bonus for supporting this and getting this thing through."

"The Republicans don't want to do it, because it's a tax, and to be point blank with you, two people in the city of Milwaukee are very, very powerful.  And when they talk the Assembly Republicans listen very, very, very well.  And that's Charlie Sykes and Mark Belling.  And Charlie Sykes and Mark Belling are absolutely opposed to the hospital tax.  Even though the hospitals want it.  Even if though brings them $200 million to the state.  They're opposed to it.  And my colleagues will tell me point blank, 'Sheldon, I've got to do what I'm told.' So in terms of where revenue would be coming from, that's really off the table"

Several news outlets are reporting a series of setbacks to smoking ban efforts across the state.  At the state level, a comprehensive smoking ban has stalled in Senate committee, and is unlikely to move anytime soon due to a conflicting set of priorities between the Senate Democratic leadership and the Governor's office.    

State Democrats oust Robson, pick Decker as Senate majority leader

JSOnline, STEVEN WALTERS and PATRICK MARLEY
Posted: Oct. 24, 2007

[Decker] said he did not expect to let the Senate vote on a bill banning smoking in public places until a compromise can be reached between Senate President Fred Risser (D-Madison), the bill's sponsor, and Sen. Roger Breske (D-Eland), the bill's chief opponent. The smoking ban is a priority of Doyle and Robson.

-----------------------------------------------------

Doyle supports statewide smoking ban

Wisconsin State Journal, 11/5/07

 

Gov. Jim Doyle said he supports a statewide smoking ban, saying it's virtually inevitable.

"It seems to me we ought to move forward (with) a complete ban," the governor said, in response to reporters' questions Wednesday. "It's happening all across the country, all over the world."

A bill that would prohibit smoking in all workplaces in Wisconsin stalled in the Senate this week after Sen. Roger Breske, D-Eland, said he did not want taverns included.  Doyle said he would not accept an exemption, but he might go along with a "reasonable phase-in" period.

-----------------------------------------------------------

At the county level, the Board of Supervisors has sent back to committee a bill which would have banned smoking in County Government Buildings. 

In a recent news story about the possibility of a statewide smoking ban, Jim Doyle acknowledges the validity of the chief complaint cited by those opposing the ban. It hurts business.

I continue to believe the localized smoking ban was the wrong step for Shorewood to take, but I am encouraged to see that the state is finally stepping up to the plate. We need a level playing field-- preferably, a smoke free level playing field.

-----------------------------
Governor Doyle Wants Smoking Ban Passed Quickly
WKBT La Cross, 5/31/07
...

When smoking bans are proposed in a city, the main complaint from businesses is that they will lose customers to nearby towns. "There's no doubt that those taverns on a city line suffer significantly, the way were going about this right now I think they have a very legitimate complaint," says Governor Jim Doyle. Doyle was in La Crosse Thursday to tell business owners it's time a state wide ban is passed.
---------------------------

There is an encouraging piece of news regarding the possibility of a statewide smoking ban in today’s Journal Sentinel. I have not seen any projections about whether or not it will pass, but if I do, I will be sure to post them here.

As expected, the Tavern League of WI opposes the ban (Find out why).

------------------------------

Statewide smoking ban bill introduced

JSOnline, 4/18/07
By Stacy Forster

Madison - A bipartisan group of legislators has introduced legislation to ban smoking statewide in all workplaces, including restaurants and taverns.

Backers of the measure said it would create a level playing field for all businesses while protecting the health of workers in all industries.

Rep. Steve Wieckert (R-Appleton), the lead author in the Assembly, said a similar ban has worked well in Appleton and is the most practical approach to addressing the problem.

"It is simply unrealistic to have all of local Wisconsin governments pass their own versions of a smoking ban," Wieckert said at a press conference announcing the legislation.

A study of 1,500 bartenders in Madison and Appleton before and after smoking bans went into effect in those cities showed that upper respiratory symptoms were significantly lower among the bartenders after the bans were enacted. The results were released this week by the University of Wisconsin 's Comprehensive Cancer Center .

Sen. Fred Risser (D-Madison), co-sponsor in the Senate, said the bill would be unacceptable if taverns were exempted.

Gov. Jim Doyle also called for a statewide smoking ban in his state of the state speech in January.
-------------------------

I dug up the response I sent to Dawn Anderson in response to her note about the smoking ban:

----------------------------------
Subject: Smoking Ban Comment
From: Steve Koczela
To: Dawn Anderson
CC: Margaret Hickey
Date: 11/21/06<

Trustee Anderson -

Thank you for your comment on my blog. I will be posting it tonight, to allow for other people to comment.

I am not arguing with the process. I actually am impressed with the process, and the amount of time the Board/Village have spent thinking about this issue. I have attended a large number of meetings concerning the smoking ban, dating back quite a ways. I actually believe there should be a smoking ban, a position which I have stated publicly, both verbally and in my campaign materials. I am not opposing taking a vote as a way to oppose the smoking ban. Instead, I believe we should wait until we have a stronger consensus on one side or the other of this issue before bringing it to a vote.

The Village does not appear to be united on one side or the other of this issue. Given this fact, I see no reason why the board has to take action on this issue, thereby prompting the disappointment of one side or the other.

I recognize that, if you do not take a vote, those pushing for a ban will be disappointed. However, people of my point of view (supporters of the ban), need to recognize that this is not a "win-at-all-costs" battle we are fighting. If we push and push, and get a ban in place, prompting a backlash of bitterness and resentment, what have we accomplished? Instead, we need to work deliberately, creating consensus before taking action.

We are a small Village, filled with friendly neighbors and people of good will. I believe our government should reflect this characteristic, and avoid taking premature action on this issue so certain to cause resentment and division.

Best Wishes,
Steve Koczela

------------------------------

Trustee Anderson sent me the following response:

-----------------------------

Subject: Re: Smoking Ban Comment
From: Trustee Dawn Anderson
To: Steve Koczela
Date: 11/21/06

Thanks for your response and comments Steve - and I agree on many of them. And thanks for posting my comments. dawn
----------------------------




Comments

1. "As you probably have already noted from the cigar-smoking smiley in my signature, I'm a smoker! I agree that some form of regulation needs to be in place for the good of those who wish to not be subjected to unhealthy smoke. I make a conscious effort to keep my smoke away from others; I also abore having to smell smoke when I'm dining! While present attempts at 'non-smoking sections' in establishments are akin to having 'non-peeing sections' in a swimming pool, an outright ban on all smoking would certainly be a hardship on some local businesses. While I can't disagree in it's merits, a ban would discriminate against a portion of customers.

Your comment that a rushed vote would cause resentment and division is certainly true.

Do I have a great idea to solve this stalemate?? ....nope! Maybe later in the day!

RE: Dawn Anderson's reply to your comments. Her response shows how quickly she's assumed the 'politician mode; "Thanks...I agree on 'many'(nothing specific) of them...thanks again...seeya later" On the other hand, it's reassuring to see a village trustee express an opinion w/o once using the word 'disingenuous'!"
- Jim Genthe, 11/24/06

2. Just something for Shorewood to ponder when passing the ban. Hector's on State St. has been am asset in Tosa for over 17yrs. Since the revenue in food exceeds alcohol consumption, he was forced into no smoking. Well get this, the kitchen closes every night at 8:oopm and thus, bar patrons from that time on only. He can't get an exemption and his night business is gone. How did he get around it? He opened a new place in Bay View, I hope for the sake of good Mexican food he doesn't close the Tosa location. I am a smoker and I back the no smoking ban in restaurants, not bars or taverns. By the way, Hector's was non smoking in the dinning room for years.
- Tom, Village Voice, WauwatosaNOW.com, 11/28/06

In a response to my 11/19 post "Divisive Politics," Village Trustee Dawn Anderson sent me this note:

----------------------------------
"Steve - Speaking for myself, I would NOT say the board is "getting impatient" - advocates for the ban certainly are though. This will eventually come up for an up or down vote before the board, and there are going to be unhappy constituents on both sides of the issue regardless of the outcome, but to characterize that as "divisive politics" is just not fair. The issue is what has the potential to be divisive, not the process by which the board is considering it. The Community and Business Relations Committee and the board as a whole has, I believe, shown a committment to coming to a decision based on a fair and deliberative process. Please join us at the Dec. 4 Board Meeting when we will discuss the next steps in this process. We can't talk this issue to death - action is going to have to be taken sooner or later.
Thanks,
Trustee Dawn Anderson"
----------------------------------

Just to be clear, it is not the process by which the board gathered information that I was criticizing. It is the decision to take a vote. The reasons that have been given for bringing this to a vote seem to be:

1. "We can't talk this issue to death - action is going to have to be taken sooner or later." - Trustee Anderson
2. "We have the education; we had the two listening sessions. There comes a point in time that we are going to have to consider it." - Trustee Hickey

Although I support the idea of a smoking ban in Shorewood, I do not believe that this sense of inevitability generated by the process itself is a good enough reason to bring this issue to a vote, absent any evidence of consensus in the Village.

I sent Trustees Anderson and Hickey a response this morning, but it seems to have been swallowed whole by my email system. If I manage to resurrect it, I will post it here.

This was sent to me by Tom Murray, who writes The Village Voice at WauwatosaNow.com. This is the type of issue we will need to think about carefully as we consider our own smoking ban in Shorewood.

===============================

Restaurant seeks exemption to smoking ban
MONDAY, Nov. 13, 2006, 11:47 a.m.
By Janice Kayser, Wauwatosa News-Times

The Wauwatosa Health Director is recommending denial of a local restaurant's request for exemption on the city's new smoking ban.

Biggs Roadhouse, 1900 N. Mayfair Road, has asked for a hardship exemption to the city's smoking ban based on an 18 percent loss of business since the ban went into effect July 1 through September. The company says sales are down $51,806 from the same time period last year.

Under the hardship exemption clause that was part of the smoking ban passed in 2003, a restaurant that has more than a 10 percent loss of gross receipts as a result of complying with the ordinance for a 90- to 180-day period when compared to the previous year can seek a two-year exemption.

But Health Director Nancy Kreuser says there are other factors that may be contributing to Biggs Roadhouse's loss of business. She said the restaurant has undergone many name changes and also has new competition that may be hurting business.

Biggs manager, Elias Pagoudis, said regular customers who have for years patronized the restaurant no longer frequent the establishment, particularly because those smoking customers can simply drive to areas outside of Wauwatosa to enjoy a smoke with their food.

A Common Council committee is expected to take up the issue at its meeting at 7:30 p.m. Tuesday at City Hall, 7725 W. North Ave.
====================================

Comments

1. "I believe that the smoking ban that Tosa passed will be passed by most of the communities around Milwaukee & Waukesha. Shorewood can be in front of the curve or drag it's heels. When large cities such as San Francisco, Montreal & Paris pass smoking bans, who know that it will only be a matter of time before Milwaukee follows suit."
- Tosa Resident, 11/13/06


2. "An all-out ban in all establishments, only in Shorewood, most definitely will hurt businesses. Our best course is to take the NY approach of pushing to raise state taxes on cigarettes, making the cost so high ($7-8 a pack) that smokers quit in large numbers (and teenage smokers become extraordinarily rare). Then it will be much easier to get through smoking ban everywhere. After that, if we do decide to go it alone as a village in order to present ourselves as cutting edge, we need to make an exception for bars, or give tax relief to the restaurants in the changeover from smoking to all nonsmoking AND put money and effort into promoting Shorewood as the one place you can go for a meal at a restaurant and know for sure that you won't be breathing in carcinogens. Eventually, nonsmokers will make their way to Shorewood restaurants over smoking restaurants, but we must protect the restaurants' profits in the changeover. After all, these businesses are taxpayers. Let's show business owners that we care about our businesses here--we don't beat them up in the name of political correctness. (By the way, I go out of my way to patronize nonsmoking establishments and avoid smoking ones because I despise secondhand smoke in my breathing space--which is a major reason why I've become a regular at Benjamin's Deli.)"
- Anonymous Comment, 11/14/06

Shorewood is considering an ordinance which would ban smoking in bars, taverns, and restaurants. The idea has generated considerable controversy over the last several years, with strong opinions on both sides. If you would like to have your opinion heard, click on the link below and leave a comment. I will post any comments I receive.

Comments Received

1. "For many years I lived in California where smoking has been banned for years in bars, restaurants and virtually all public places. I would love to see Shorewood do the same thing."

2. "No matter how much I support a ban on smoking in restaurants, I think that Shorewood needs to try and get other communities involved. If the handful of Shorewood businesses that the ban would affect are afraid of losing customers, lets help them out. Get the whole East Side involved."
- Ari Lerner

3. Wauwatosa went smoke free five months ago in all establishments if food revenue exceeds alcohol consumption. Bars and taverns were not affected. We have 137 such establishments in Tosa. This is to all restaurant owners with attached bars in Shorewood, if you're forced to go smoke free, you will loose money, your bartenders will quit and the non smokers that said they'd now come to your place, will never show up!
- The Wauwatosa Village Voice

4. I believe in a ban in restaurants, but I do not believe in a total ban in taverns/bars. At the very least, smokers should have a designated area in drinking establishments where they can light up.