Proposal cleared the house by thirty-three votes last month, but came up one vote shy in the senate.
The debate pitted public health versus personal choice…….and choice carried the day with the backing of 12 of the 15 republicans present…Antrim senator Bob Flanders spoke for the majority -- both when he said he preferred non-smoking restaurants….and also when claimed it improper for 24 senators to dictate how people should run their businesses.
"I believe very strongly that is we start telling businesses what to do we're going to start telling business what to do where going to start telling restaurants they can't serve eggs because they have cholesterol."
If ban opponents tended to support letting market forces decide the matter, supporters, argued it would be negligent for the state to allow second hand smoke to create unsafe workplaces….Nashua Senator David Gottesman.
"I don't understand why it would be ok to ban asbestos because e found out that people got cancer, andthen not care about the fact that we can allow people to work in an atmosphere that causes potential health problems."
Gottesman went on to cite a poll by the UNH survey center that found 79 percent of the general public supported the smoking ban…..But several Senators on the prevailing side said neither polls nor the wishes of constituents should drive senate action.
"If we govenrned by polls we would still have a lot of thing happening that are tyranny of the majority -we don't do that. It's a representative democracy, we are supposed to think about what we do and not simply listen to the polls."
That's Alton Senator Bob Boyce. He went on to say that if government wants to take a stand against the risks presented by smoking -- the state should consider forgoing the tax revenue tobacco sales bring in and ban it outright…….Those on the other side said, meanwhile, said if the ban could save one life, that would be justification enough. Lempster Republican Bob Odell.
"The principle involved here is that if you know that smoke causes cancer, wouldn't you do something about it?"
And Senator Odell wasn't the only person to get emotional over the bill……The measure was subject to aggressive lobbying from professionals and citizens alike……Meredith Senator Carl Johnson used his floor remarks to castigate those who flooded him with e-mails and phone calls he considered harassing.
"I've been told I'm promoting cancer and I'm sorry to say that's not the worst of it….In many respects this movement or whatever you want to call it crossed the line and have taken a giant step backwards."
As Johnson delivered those remarks he looked up at a senate gallery filled with ban supporters……After the vote, plenty said they had no regrets about the zeal of their lobbying efforts.
"I e-mailed the hell out of all of them and I gave it my best shot."
That's Gardner Berry……of the Manchester-based rock band Mama Kicks…..He's says he avoids performing in smoky bars as much as he can……..but says they remains an all too common occupational hazard…Berry promised to be back the next time the legislature considers a ban, and says he hopes some of the senators won't be.
"I know the majority of the people wanted this to happen, so I hope the majority remembers that in November…..and elects a senate more receptive to the voice of the people rather than their own personal beliefs."
The sponsor of the state smoking ban, house commerce committee chair Shelia Francouer says she hopes the close vote will encourage more restaurant to go smoke free voluntarily……She added that she plans to on to another bill to ban restaurant smoking next year
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