HB 211’s sponsor, Representative Chris Lewis, said his bill would align Kentucky with policies in neighboring states.
“One provision included in this bill that is fairly unique is the requirement for a smoke-free delivery space to ensure that delivery drivers or mail carriers who may not wish to be exposed to smoke have a space to deliver packages,” explained Lewis. The bars must also be clearly marked with signage informing people of the risk of secondhand smoke exposure and, if the establishment shares a physical wall or enclosed airspace with another structure, it must take measures to ensure smoke can’t pass through.
Cody Mobley is the second-generation owner of Kentucky Gentlemen Cigar Company and Cap City Cigar Bar in Frankfort. He said his business mitigates smoke by using a separate air conditioning system from the building’s other tenants.
“We also have carbon filters,” said Mobley. “And smoke eaters and iodine filters as well, which kind of turns smoke into dust that you sweep up.”
Kentucky Gentleman Cigar Company manufactures their products in-house, using both Kentucky-grown domestic and imported tobacco. His cigar bar is able to operate because Frankfort’s code of ordinances allows smoking inside retail tobacco stores. He said that allows him to offer a unique experience to out of town visitors.
“We’re one of the stops tourists stop at other than the bars and restaurants around here. It gives people who are staying in Frankfort more to do than just go back to their Airbnb or hotel.”
There’s no statewide indoor smoking ban in Kentucky, but dozens of cities and counties across the state have implemented them - including Lexington, where the first smoke-free ordinance in the state was passed over 20 years ago.
Dr. Ellen Hahn is a professor at the University of Kentucky’s Colleges of Nursing and Public Health and an anti-smoking advocate. She and her team at UK have studied the long-term public health outcomes associated with smoke-free ordinances.
“We have been able to show lower lung cancer rates, lower emphysema rates, lower smoking rates, lower youth smoking rates in these 44 communities that have strong smoke-free laws.”
But Hahn says communities with weaker smoking bans - those that make exceptions for venues like bars and bowling alleys - don’t show any significant difference in public health outcomes from communities without bans.
Dr. Tim Mullett, a thoracic surgeon at the University of Kentucky’s Markey Cancer Center, said bans must be “comprehensive” to be effective.
“Comprehensive includes elimination of loopholes such as a cigar bar,” said Mullett. “Being able to make certain that you all are consistent in your message and not moving back in allowing increasing danger to our population is critical.”
“This bill isn't just simply a carve-out or a small exemption,” said Dr. Michael Gieske of St. Elizabeth Healthcare. “It’s a giant step backwards. We do not allow exemptions, for example, for asbestos exposure or for dirty drinking water or for child's car seats. And we shouldn't allow exemptions for secondhand smoke.”
Legislators in the committee meeting shared reservations about the potential loss of local control and public health concerns, but ultimately voted for the bill’s passage. Senator Julie Raque Adams said she came to her “yes” vote by trying to balance health, economic development, and personal freedom.
“I have always come down on the side of health; I was instrumental in working on the smoking ban and all of these things,” said Raque Adams. “But there are some people that really want to do that and there is a market for it, and I think that this bill actually lays out a lot of protections for workers and delivery people.”
HB 211 passed the House last month and was read today in the Senate Standing Committee on State and Local Government, where it passed 8 to 2. It now heads to the Senate floor.