Are Indiana lawmakers ready to ban smoking in bars and taverns?

The answer provided today in the House of Representatives was ‘yes, and no.’

For the first time ever, lawmakers there appear willing to include bars and taverns in a proposed statewide smoking ban, but that part of the ban would not take effect for another 18 months.

“And when you think about it realistically, bars are not going to be able to do this overnight,” said Rep. Charlie Brown, (D) Gary, a long time sponsor of the ban. “So this kind of makes sense to say hey, here’s a warning, you’ve got 18 months to get your house in order.”

September 15th of 2013 is the effective date for a smoking ban in bars in an amendment approved in the house today by a voice vote.

However, comments made on the floor indicate that some will fight to extend that to 24 months if and when the bill hits the senate.

“If they need implementation time, you know, I would think three months, you know, 90-days would do it, but again, I’m not a bar owner so I can’t speak for them,” said Jill Sabo with Tobacco Free St. Joseph County.

On the other hand, Sabo is more optimistic than ever that a meaningful ban will pass in 2012. “You know, I’m just happy that it’s the strongest that it’s ever been, and if we need to give up 18 months of implementation, so be it, so be it.”

One year ago in January of 2011, house members easily passed an amendment to exempt bars and taverns from that proposed ban by a vote of 56 to 33. The bill died soon afterward in a senate committee.

“Well, I wish they just let us do, since we’re a small little business, let us do what we want to in our own little business if you don’t like it, drive by, you know I don’t like Bed Bath and Beyond so I don’t shop there,” said Richard Filippone, owner of the Pone Express in Mishawaka.

The latest smoking ban bill makes Filippone nervous for another reason. While bars and taverns would be subject to the ban, private clubs would not.

“You know in Mishawaka, shoot, I can probably think of six private little clubs right off the hand you know. Two within ten blocks of me,” said Filippone. It’s sort of tough with the private clubs are going to be exempt from it and the local bars now you know how can we compete with somebody if they want to go smoke a cigarette, they can go to a private club and pay a ten dollar membership for a whole year.”

Under St. Joseph County’s local ban, smoking is allowed in both bars and private clubs. Under the latest terms of the proposed statewide ban, bars would have to ban smoking while private clubs would not.

House Bill 1149 still faces one more vote in the Indiana House of Representatives. If successful, it would move on to the senate for further consideration.

House Bill 1149 was also amended today to allow smoking on the grounds of Indiana casinos, including bars and taverns.

House Bill 1149 also allows smoking at social and fraternal clubs that are open to dues paying members only.