LANSING - The Michigan Legislature passed a long-delayed statewide indoor smoking ban yesterday, with exceptions for three Detroit casinos that have to compete with tribal casinos not affected by the ban.
The Democrat-led House agreed to slight changes made by the Republican-led Senate earlier in the day. The bill now goes to Democratic Gov. Jennifer Granholm, who has said she'll sign it.
The ban would take effect in May. It applies to bars, restaurants, and workplaces, except for the Detroit casinos, cigar bars, tobacco specialty stores, home offices, and motor vehicles.
The Senate approved a ban with no exceptions last year, but that bill failed in the House, which wanted the exceptions for the Detroit casinos. The House in May passed the bill adopted yesterday by the Senate.
Although smoking will be allowed on casino gambling floors, it will be banned in the casinos' bars, restaurants, and hotels.
With the governor's signature, Michigan would become the 38th state to limit smoking in public
places such as government buildings and bars and restaurants, said Sen. Ray Basham (D., Taylor), who has kept alive the push for a statewide smoking ban. He favors a total ban, but was satisfied with the progress so far.
Smoke-free advocates who gathered for the vote in Lansing celebrated passage of the ban.
"We're thrilled," Susie Schechter, advocacy director for the American Lung Association in Michigan, said by cell phone as she awaited House passage of the bill. "We've been working on this a very long time."
The Michigan ban is not as complete as advocates had hoped, and politics played a role in that, Ms. Schechter said. Still, the ban will ensure 99 percent of employees in Michigan have smoke-free workplaces, she said.
In Ohio, smoking has not been allowed in restaurants, bars, and most other public buildings since December, 2006. Enforcement began in May, 2007.
"We're finally following the great lead of one of our neighbor states," Ms. Schechter said.
Several Michigan state senators, including Majority Leader Mike Bishop (R., Rochester), said they objected to the ban because it intruded on decisions by bar and restaurant owners, who should make decisions on smoking based on their customers' desires.
"This is a blatant overreach by government," Mr. Bishop said.
Among nearby states, only Indiana doesn't have some type of smoking ban in place. Michigan lawmakers have been trying for more than a decade to pass a ban.
The House passed the smoking ban by a 75-30 vote. The Senate vote was 24-13; one senator was absent.
Ohio smoking advocates such as Bill Delaney, owner of Delaney's Lounge in Toledo, condemned Michigan's ban and its exemptions.
While Ohio smoking ban opponents once decried the loss of business to bars and other establishments across the Michigan border, smokers now simply are staying home, Mr. Delaney said. So Michigan's smoking ban will not only fail to bring business back, but it will hamper casinos planned for Ohio because smoking will not be allowed in them, he said.
"This is truly unconstitutional as far as I'm concerned," Mr. Delaney said.
That view was echoed north of the border.
"Basically. the government is expecting my employees to supervise and say, 'Hey, you're not allowed to smoke.' That's not fair to the business owner," said Debbie Gehring, spokesman for the Michigan Tavern on Smith Road in Temperance, which is owned by her husband, Bob.
"I'm a nonsmoker, and I think it's a pretty stupid thing," Mrs. Gehring said.
She doesn't mind a smoking ban in restaurants where children are allowed. Patrons of bars and bowling alleys, though, are old enough to drink - and smoke.
"I don't think the government should step into that area," Mrs. Gehring said.
Michelle Bork, owner of M.T. Loonies on Lewis Avenue in Temperance, said that after Ohio's ban, she expected Michigan to follow eventually.
"A lot of people here love the fact they can smoke in our bar," Ms. Bork said. "I'm a nonsmoker. I'm glad we can have a place like that, but everything changes. I go by the rules. If that's the law they want to make, that's what I'm going to follow."
There was a small, but noticeable, increase in business when the Ohio ban began. These days, new patrons from Ohio are easily spotted because they head outside to smoke.
"And we go, 'No, you can stay in and smoke,'•" Ms. Bork said.
Although 90 percent of M.T. Loonies' patrons smoke, she said they will adjust because they're used to Ohio's ban.
There might be a drop in business, "but people like to drink together," Ms. Bork said.
She plans to spend money on an outdoor patio. But because smoke in the bar affects its refrigeration and ventilation, she could save money too.
"From an owner's point of view, [the ban will] be better, maintenancewise," Ms. Bork said.
Staff writers Julie McKinnon and Mark Zaborney contributed to this report.
First Published December 11, 2009, 5:14 p.m.