Assembly to leave smoking petitions to voters

The Assembly Judiciary Committee decided Wednesday to leave smoking restrictions to Nevada voters.

Assemblyman Garn Mabey, D-Las Vegas, summed up the attitude of most committee members: "Initiative Petition 1 goes way too far and Initiative Petition 2 doesn't go far enough."

Chairman Bernie Anderson, D-Sparks, said his preference would be to leave the petitions to Nevada voters to decide. Both were approved by voters in November. If lawmakers don't act within the next nine days, they will go on the next general election ballot. According to committee staff, the one which receives the most votes would become part of the Nevada Constitution.

The committee heard more than two hours of testimony about the initiative petitions - the first backed by the Heat Association, Lung Association and Cancer Society and the second designed to counter it by the Nevada Resort Association and retailers.

The American Lung Association proposal would prohibit smoking in a long list of restaurants and other places. Brooke Wong of the Lung Association said the proposal is designed to protect children and not to interfere with casinos and bars.

But retailers - especially convenience stores and small bar owners - said the plan would cause them severe economic damage because it says any place serving food would have to ban smoking. Ronald Drake of the Nevada Tavern Owners Association said many of that group's 182 members would be barred from allowing smokers because they serve food.

"It would necessitate a major business decision: Do I serve food in the bar or do I lose smoking," he said.

He and Ron Atamian of Golden Gaming, which has 37 taverns in Nevada, said the restrictions would cause severe problems for their businesses. Atamian said they simply couldn't afford to lose the business of smokers and would, instead, remove food service.

"It would destroy our ability to serve food," said Atamian.

Their comments were echoed by Steve Johnson representing Winner's Corner stores in the state. He said the plan would effectively take away their gaming business and, without gaming, 16 of their 36 stores would have finished 2004 in the red.

He got little sympathy from Mabey who said flatly, "I don't like smoking in convenience stores and I think it would be good if people didn't go to 7-Eleven and gamble."

But Assemblyman Mark Manendo, D-Las Vegas, said he was concerned about anything that might push food out of bars. Manendo is very active in the anti-DUI movement and said he thinks making food available in bars helps moderate drinking by patrons.

The other petition, backed by the gaming and retail industries, would do little more than put current smoking restrictions into the constitution and was designed to block the lung association proposal.

The committee decided unanimously to take no action on the petitions and instead leave the decision to voters.

Wong said support for the Lung Association plan has been about 70 percent among Nevada voters and she isn't concerned because she believes voters will support restrictions designed to keep tobacco away from public places where children are allowed.

Anderson said the committee would take up legislation calling for more restrictions on where smoking is allowed later this week.

- Contact reporter Geoff Dornan at gdornan@nevadaappeal.com or at 687-8750.