Medical society pushes for local autonomy on smoking

The society will ask the Legislature to grant local governments that authority, a spokesperson said. Meanwhile, it is supporting Marquette's appeal of a judge's ruling that the power doesn't already exist.

"Thinking strategically, the quickest way is to change the law," medical society spokesperson David Fox told The Mining Journal of Marquette yesterday.

"If you do it through the court system, you may have a battle ... every time you have a situation like this," Fox said.

Circuit Court Judge John Weber last month sided with a half-dozen Marquette restaurants that sued the city in December to block a ban on smoking in restaurants that took effect Jan. 1.

Weber ruled that state law doesn't allow local smoking restrictions more stringent than those in the Michigan Public Health Code. It provides that restaurants with seating for less than 50 patrons must designate 25 percent of its seating capacity for nonsmokers.

Restaurants that seat more than 50 must designate half of seating for nonsmokers.

The city is appealing to the state Court of Appeals. The medical society says it will file a brief supporting the city's position. The American Cancer Society, the American Lung Association and the American Heart Association have promised to do likewise.

Marquette City Attorney Willard Martin said he was glad the medical society was asking the Legislature to get involved.

"It's consistent with what we're trying to do," Martin said.

Fox said medical society lobbyists believe there is a better than even chance of getting the law changed by the midsummer recess, which typically comes in July.

The Michigan Restaurant Association and the Michigan Chamber of Commerce are helping the local restaurants fight the ordinance. They contend that businesses should decide for themselves whether to allow smoking.

Supporters of the ordinance say it's impossible to contain secondhand smoke within smoking sections, which puts nonsmoking customers and restaurant employees at risk.

02-17-99