NH Lags Behind Smokefree Legislation Trend

By James Vaznis

Smoking in bars and restaurants is a privilege that antismoking crusaders in New Hampshire would like to snuff out, but the state's 1991 Indoor Smoking Act, which set up guidelines for segregating smoking areas with such things as partitions, is making it difficult to ignite a grass-roots campaign.

The state Supreme Court struck down a townwide smoking ban last August in bars and restaurants in Colebrook, a northern outpost of 2,300 people near the Vermont and Canadian borders, ruling that the state law forbids municipalities from enforcing stricter standards.

The town nevertheless has kept the ordinance on its books, and all restaurants and bars, except one, abide by it, said Robert Soucy, Colebrook's public health officer, who is also a family practitioner, but the ruling chokes the ability of communities to pass similar bans.

''Unfortunately, New Hampshire is becoming the ashtray of New England," Soucy said.

Lori Fresina, the New England spokeswoman for the Campaign for Tobacco Free Kids, echoed that sentiment. ''New Hampshire is in a shameful position when it comes to tobacco prevention," Fresina.

A collection of health associations will lobby the Legislature this winter to amend the 1991 state law and allow communities to pass local ordinances that ban smoking. They may consider pushing for the adoption of a statewide ban, which the state Legislature has debated at least twice over the last decade.

About 300 of the more than 2,000 licensed restaurants in New Hampshire have gone smoke-free, according to the New Hampshire Lodging and Restaurant Association.

''They've created a marketing niche for themselves. They make money off it," said Hunt, a self-described nonsmoking Libertarian-style Republican, who believes in holding down government regulation. ''As it is, restaurants and bars have to go through a lot of rules and regulations."

Paul Hartgen, the association's president, expects more restaurants to go smoke-free.

''It definitely seems like a fast trend, especially over the last three years," said Hartgen, who thinks the decision to go smoke-free should be left to restaurant owners. ''I think it's great they are doing it on their own. They are responding to the market to meet the demands of their customers."

Some restaurant owners, however, think it would be easier to ban smoking if they were forced to by the state Legislature or the local health department.