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Smoking ban complicated
Last Updated: April 30, 2009

The Kansas Legislature is considering a statewide smoking ban. This issue is not as simple as “ban or not.”

The Kansas Restaurant and Hospitality Association (KRHA) has traditionally opposed smoking bans as a governmental infringement on the ability of restaurant owners and others to manage their businesses and determine their own clientele. Yet, given the concerns of many regarding second-hand smoke, the KRHA has proposed a reasonable compromise: any restaurant desiring to accommodate smoking patrons must utilize a separate room, physically separated from the rest of the facility by floor to ceiling walls, and separately ventilated
In this manner, there is no exposure to non-smoking patrons, and no business revenue lost. 

The Kansas Senate has already determined that smoking bans have an adverse economic impact on hospitality, entertainment, and other businesses. The Kansas Senate has exempted the state-owned and operated casinos from the smoking ban, but refused to extend the same protection to privately operated businesses such as restaurants. 

It is hypocritical for the Legislature to exempt their own businesses (casinos) so as to protect the state from economic harm while not protecting privately owned, taxpaying businesses from such economic harm. 

The vast majority of restaurants are already non-smoking voluntarily. However, when business owners have invested hundreds of thousands of dollars in their business, the government should not enact legislation that adversely affects their income and potentially destroys their entire business. The Kansas Legislature should provide the same accommodation for the privately owned hospitality and entertainment businesses throughout the state as they provide for the state’s businesses (casinos). 

This compromise approach to a smoking ban bill would give non-smokers the victory they desire, while protecting the economic interests of businesses whose clientele includes persons utilizing an otherwise legal product. 

— Donald G. Sayler, Valley Center, president & CEO, Kansas Restaurant and Hospitality Association




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