Smoking in Bars Wins a Surprise Victory

In an extraordinary about-face, an Assembly committee Wednesday voted to continue to permit smoking in bars for at least another year after a lawmaker switched positions and acknowledged that he was now supporting the measure because its author had backed one of his bills.

Similar legislation had failed earlier this year, but it won approval this time by a 7-3 margin in the Assembly Labor Committee. The change came because Assemblyman Carl Washington (D-Paramount) switched his positions and Assembly Speaker Cruz Bustamante filled a vacancy on the panel with a supporter of the bill, Assemblyman Martin Gallegos (D-Baldwin Park).

The bill, which Assemblyman Edward Vincent (D-Inglewood) is carrying on behalf of Hollywood Park and other gambling establishments, bars and the tobacco industry, initially would have granted bars and casinos a permanent exemption from California’s 1994 ban on smoking in workplaces.

But as tobacco company lobbyists watched and conferred with Vincent and other Assembly members, Vincent agreed to accept an amendment to scale back the bill. Although the text of the amendment was not available at the committee session, Vincent said it would permit bars and gambling establishments to allow smoking through Jan. 1, 1999.

The bill won approval after freshman Assemblyman Washington, who had voted against the previous legislation, announced that he was switching sides and voting for the measure, even though he was “philosophically” opposed to it.

“Mr. Vincent is not just a colleague of mine,” Washington said during the hearing. “Philosophically, I oppose this bill. I told him that. But he asked me to support him, as I asked him to vote on a bill I had in my district that was very urgent. So I am offering him a courtesy vote on this bill.”

Washington’s statement might be interpreted as an acknowledgment of trading his vote--a violation of the Penal Code.

The code states that a lawmaker who “gives . . . any official vote in consideration that another member of the Legislature shall give any such vote either upon the same or another question, is punishable by imprisonment in the state prison for two, three or four years.”

After Washington made his comment, Assemblyman Joe Baca (D-Rialto), one of the more senior members, hustled over to Washington and conferred privately with him. Washington then attempted to clarify his vote.

“I don’t want [this] to get out the wrong way,” Washington said. “Mr. Vincent worked very hard on this bill. That’s why I’m supporting this.”

In an interview after the vote, Washington insisted that he was not trading his vote, saying, “I know it’s illegal to trade votes.” He also said, “He supports me, and I support him.”

Rob Stutzman, spokesman for Atty. Gen. Dan Lungren, said he believes state prosecutors “will at least take a preliminary review of the facts.”

Several lawmakers came to Washington’s defense, including Baca.

“He wasn’t trading his vote,” Baca said after the hearing. “I just wanted to make sure he clarified his position, and it’s my responsibility as part of [Assembly] leadership that when a message comes out, it comes out appropriately.”

Vincent later said that he had voted for one of Washington’s bills that could return control of the Compton Unified School District, which has been in receivership, back to the local school board. But Vincent insisted that they were not trading votes.

“I never said we traded votes,” Vincent said.

As for the other key vote, Gallegos, the Assembly Health Committee chairman, drew sharp criticism from health-related groups for his stand.

Alan Zovar of the American Cancer Society lashed out at Gallegos, calling it a “profound insult to the workers of California that someone responsible for their health can sacrifice their lives as if they . . . meant nothing.

Echoing other supporters, Gallegos defended his action, saying: “What this bill was about is jobs and protecting jobs and protecting small business.”

Vincent’s bill seeks to amend California’s landmark 1994 law prohibiting smoking in most indoor workplaces. The 1994 legislation signed into law by Gov. Pete Wilson granted a temporary exemption for bars and casinos but required that the state develop worker safety standards for secondhand smoke or else smoking would be banned in the businesses.

The Division of Occupational Safety and Health, known as Cal/OSHA, produced no standards--and did virtually no work on it. So last year, the Legislature granted a one-year extension to bars and casinos, permitting continued smoking this year.

Under an amendment by Assemblyman Wally Knox (D-Los Angeles), the Legislature again is asking the agency responsible for worker safety to develop safety standards for secondhand smoke. Although the wording of the amended bill was not available late Wednesday, the measure apparently extends the deadline until the end of 1998. If no standard is in place, smoking apparently would end in bars and casinos.

“Cal/OSHA has a job to do,” Vincent said. “They should set the standard. Whatever standard they set, we abide by it.”

Vincent’s bill has several major hurdles left. He is pushing the measure after the deadline passed to introduce new bills. In order to have it taken up by the full Assembly, Vincent must obtain a special waiver from the Assembly Rules Committee. He will need a similar waiver to have the bill heard in the Senate.