Quick "redrant". It seems a bad idea to consort with zealots. Success just encourages zealots to push for more extreme actions.
As in politics if side "B" tries to be "side A lite" it demoralises those on the "B" side and reduces public support for "B".
Also, other states except for Minnesota and Wisconsin seem to be able to restrict smoking at tribal casinos. The inability here seems based very much in the intense lobbying and large political contributions of the tribal casino industries. I've been following this for almost a year and a half and the there has not been one word of criticism from the anti-smoking groups about the large expansion of smoking sections in Minnesota Tribal Casino's. Perhaps "money talks (or silences) Greg Lang
May 15, 2009
Dear (Wisconsin) Tavern League Member:
As you already know, Senate Bill 181, a Statewide Smoking Ban, has passed the Senate and the Assembly and awaits the Governor’s signature. This bill was a result of negotiations between our association and Smoke Free Wisconsin, The American Cancer Society and thirty other groups they were representing.
This was not an easy decision. The Tavern League of Wisconsin Board of Directors, consisting of thirty-eight fellow TLW Members debated long and hard before reaching a unanimous decision to support a compromise very similar to the one that was agreed on. It was a gut wrenching decision for all involved, but one we felt was in the best interest of our membership.
The necessity to compromise was a result of actions taken by Governor Jim Doyle. We found ourselves stuck between a rock and a hard place. The governor, a strong proponent of the smoking ban, placed his extreme version of a ban in the State budget and forced Senate leadership into a vote on May 13th. Faced with the probability of the budget being passed with a very strict Smoking Ban, we felt compelled to act. The Governor’s Bill would have included excessive fines, an immediate start-up date and no restrictions placed on municipalities regarding their ability to pass stronger bans locally along with other components placing even heavier burdens on your business.
The hardest thing I’ve had to do to date as your president was to sit and negotiate an agreement with the very same people we have been fighting the past several years. This was especially difficult given the amount of time, effort, money and emotion that our members have poured into the fight. No one, including myself, is satisfied with how this battle ended however this was our only option.
Please understand this was not an easy decision and one that was not taken lightly. We had to reconcile the interests of members in the growing number of communities with smoking bans with the interests of members without bans. We also knew the issue was not going to go away which factored in to our decision to act and get pre-emption, phase in and lower penalties.
If you want to blame the TLW for agreeing to this deal that is your prerogative, however please remember the position we found ourselves in and that we only did what we believed was in the best interest of our Membership. Had Governor Doyle not made this one of his top priorities and included it in his budget bill we would have fared much better.
It is my hope that you continue to support the Tavern League of Wisconsin. Like you, I operate a small business and see the many values of the Tavern League of Wisconsin. We were the only group fighting this ban and we did the best job we could. Thank you for taking the time to read this letter and I hope you have a better understanding of why and how things happened.
Sincerely,
Rob Swearingen
Frequently Asked Questions
1. I thought the powerful Tavern League of Wisconsin could have defeated the smoking ban again this year. Why did the TLW compromise if they could have killed the bill again?
We could not have killed the bill. Last session there were 18 authors of the bill this year there were 34 authors. Unlike last session, Governor Doyle took the unprecedented step of including an extreme smoking ban in his state budget bill. He had us in a very difficult position – either compromise or risk passage of his smoking ban in the budget. Governor Doyle’s bill would have taken effect August 1st and allowed local governments to ban outdoor smoking and fine business owners up to $500 for violations. Based on that information the TLW Board of Directors unanimously agreed to seek a compromise which would include three main provisions. 1. A year long phase in, 2. Pre-emption of local smoking ordinances, and 3. Lower fines. The compromise accomplished that objective. Some members have said we should have fought to the bitter end. Our objective was to defeat the smoking ban and when that became unachievable we tried as best we could to do what was in the best interest of the Membership.
2. What does pre-emption mean and how will it affect me?
This is one of the most important elements of the bill. We felt it was so important to achieve pre-emption or we would be fighting battles in municipalities to ban smoking outdoors. This provision of the bill prohibits local municipalities from enacting any ordinances restricting smoking outside of a licensed establishment. In addition, the pre-emption language eliminates any existing local smoking ordinance and local fines on July 5, 2010 and replaces them with the state law. Pre-emption provides you certainty that you can create an outdoor smoking area which will not be jeopardized by a local ordinance. It also reduces fines in communities with an existing smoking ban.
3. What are the penalties in the bill?
The penalties of the bill do not go into effect until July 5, 2010. The bill requires a warning be issued to the licensee holder or a person in charge of a licensed establishment for a first violation. Subsequent violations shall be $100 for all violations occurring on a single day. A person smoking on the premise would face a fine of at least $100 but nor more than $250. The bill eliminates any municipal fines that may currently exist in communities with smoking bans effective July 5, 2010. Very importantly, the bill provides that neither a municipality nor the Department of Revenue may use any smoking violations to revoke, suspend or refuse to renew a liquor license or permit.
4. Why aren’t the casinos covered by the bill?
According to the legislative staff attorneys the state does not have the authority to impose a smoking ban on a tribal casino or have the ability to enforce a smoking ban if it were imposed.
5. When is Jim Doyle up for re-election?
November 2, 2010.
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