Let counties set their own smoking ban restrictions

Chances are good this week that some form of statewide smoking ban will emerge from the Indiana Statehouse.

Legislators from the House and Senate began negotiations Monday on a compromise over proposed smoking restrictions. This, after the House passed a bill restricting smoking in workplaces and nearly all other public places and business; after 18 months it would include bars as well. The Senate passed a version carving out many more exemptions, such as for bingo halls, nursing homes -- and no ban for bars. More importantly, the Senate bill includes a provision that would block any new local smoking ordinances.

No matter what happens, it's likely Delaware County's smoking ban that includes businesses, bars and taverns would remain in place. But it could prevent other counties from enacting tougher bans.

Rep. Eric Turner, R- Cicero, who is leading the House-Senate conference committee, said he would not support any measure that would block new local smoking ordinances.

"I don't want to go down that path of trying to trump what locals have successfully done for a number of years," Turner said.

State Sen. Beverly Gard, R-Greenfield, believes it's important to protect the right of cities and towns to adopt tougher rules than whatever becomes state law.

So do we.

And here's another reason: With East Central Indiana counties having the highest lung cancer rates in the state (84.6 cases for every 100,000 residents) and smoking rates that trump the state average (23 percent smoke vs. 20 percent statewide), it's imperative local governments have the necessary tools to take action on behalf of the public's health and welfare.

That means local governments, whether in ECI or elsewhere in the state, need to have reserved for them the power to ban smoking as they see fit.

The Statehouse has seen a dearth of common sense in this short session. Let's hope that members of the conference committee can hammer together a smoking ban that allows counties and towns to enact their own ban, as well as come up with a bill that has fewer exemptions. To do anything less would endanger the public's health and go against the tide of clamping down on smoking.

As we've editorialized before, a level playing field for business and health -- where one locale cannot gain at the expense of another -- is the ideal.

The state's health would benefit best from a bill that contains few exemptions, and allows local government to enact tougher bans.

Gov. Mitch Daniels said he hopes the version of the smoking ban will be a strong one. We just hope it protects home rule.