Council approves ban on smoking

An almost unanimous D.C. Council yesterday passed a ban on smoking in nearly all public places in the District.

In a 12-1 vote, the council approved the first reading of a bill that would require the dining areas of city restaurants to be smoke-free when the ban becomes law. Bars and clubs would be required to be smoke-free by Jan. 1, 2007.

Council member Carol Schwartz, at-large Republican, voted against the bill, which will receive a second reading next month.

Mayor Anthony A. Williams said yesterday that he did not know whether he would sign the legislation.

“I need to look at it,” said Mr. Williams, a Democrat. “I really fear the economic detriment here to our city.”

Earlier this week, the mayor said he opposes a 100 percent smoking ban because it would hurt small local establishments.

Under the legislation, establishments could apply for waivers if the ban reduces their overall sales by 25 percent or more.

In addition, bars and nightclubs would be required to install ventilation equipment or create separate smoking rooms for customers.

Smoking would be allowed in cigar bars, outdoor dining and club areas, retail tobacco outlets, hotel rooms and certain medical treatment or research institutions.

“What passed is a very good first step,” said Angela Bradbery, a co-founder of Smokefree D.C. “It’s very comprehensive, and that is good.

“It has very minor exceptions, and we are hoping that the council will close the loophole in the waiver, and it looks like they are going to do that,” she said.

Rolando A. Andrewn, chief executive officer of the American Lung Association of the District of Columbia, praised the vote but said he is concerned about waivers.

“We have to work on the waiver so that those areas that are strictly bars will not get that waiver very easily,” Mr. Andrewn said. “Because it’s important to the workers … that is the main concern.”

But Frederic Harwood, executive director of the D.C. Licensed Beverage Association, said the ban is “anti-small business” and would cost the District more than “$40 million in tax revenue.”

“People who are going out for night life have choices. They can party in Virginia and they can party in Maryland. They don’t need to party here,” he said. “Those people are going to stay in Virginia. They are going to spend their dollars in Virginia. They are going support establishments in Virginia. This is a disaster for night life in D.C.”

New York City passed one of the country’s most restrictive smoking bans in 2003, and Montgomery County followed suit later that year.

Meanwhile, Prince George’s County will enact a similar ban next month, and Howard County, Md., which restricted smoking to separately ventilated areas in 1996, is considering an outright smoking ban.

During a lengthy debate yesterday, Mrs. Schwartz tried to add a total smoking ban to the bill, apparently in an effort to kill the proposal.

Council member Marion Barry, Ward 8 Democrat, also tried to add an exemption for nightclubs and taverns.

Both amendments were defeated soundly.