Will California's bar smoking ban go up in smoke?

January 29, 1998
Web posted at: 11:53 a.m. EDT (1153 GMT)

SACRAMENTO, California (CNN) -- California's first-in-the-nation ban on smoking in bars may become a thing of the past, but not before next January.

With a 42-24 vote Wednesday night, the California State Assembly passed a bill to overturn the ban for at least two years, or until federal officials set ventilation standards to reduce smoke to safe levels.

The measure will have to be approved by the Senate, where a floor vote is not expected for weeks. The measure is expected to become embroiled in a bitter fight between the tobacco, tavern and health lobbies.

If it passes, and is signed into law by Gov. Pete Wilson, the ban would be suspended on January 1, 1999.

California banned smoking in most indoor workplaces in 1995, including the non-bar areas of restaurants. But a temporary exemption was granted to some 35,000 bars, casinos and restaurants in the state.

That exemption ended on January 1, but California smokers have largely ignored the law, which officials say is difficult to enforce.

Fire officials have said the law is vague, and only requires bar owners to post "no smoking" signs at all entrances and make a "reasonable effort" to tell patrons they can no longer smoke. Enforcement is left up to local agencies, and offenders can be fined.

Assemblyman Edward Vincent, who is spearheading the effort to repeal the ban, says his measure will allow people the freedom to drink and smoke without suffering criminal penalties.

Supporters of Vincent's bill say the measure will probably extend smokers' rights in taverns far beyond the proposed two years because of uncertainty over federal ventilation regulations.

The Associated Press contributed to this report.

Related stories:

• Smoking ban in California bars widely ignored - January 23, 1998

Related sites:

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• Action on Smoking and Health HomePage
• FORCES - The Pro-Choice on Smoking Organization
• Smokefree Schools, Workplaces, and Homes
• The National Smoker's Alliance

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