Smoking Ban Still Divisive

One year after South Dakota voters banned smoking in bars, restaurants and casinos -- 65 percent to 35 percent -- few dispute that the smoking ban has left a major mark on the state. The state budget has seen video-lottery and cigarette-tax revenue plummet by 10 percent to 20 percent. On the other hand, doctors say the health of the state's residents has improved in immediate as well as long-lasting ways. Businesses that allowed smoking in the past, meanwhile, say the new law has driven away customers and hurt the bottom line. Among the most wide-ranging effects of the ban appears to be that fewer people are smoking. In 2010, only 15.4 percent of South Dakotans smoked, down from 22.7 percent in 2003. Smoking data for 2011 isn't yet available, but from July 2010 to June 2011, South Dakotans bought 75 million fewer cigarettes -- a 9 percent decline and the first decline in three years, according to data from the state Department of Health. "We know from many other states that the fewer places available to smoke, the more people will want to quit," said Dr. Allen Nord, a Rapid City physician and anti-smoking advocate. But others have responded to the ban by keeping their dollars away from the casinos and bars where they once socialized and smoked. "When you can't smoke, people just decided to stay away," said Larry Mann, the lobbyist for the South Dakota Association of Video Lottery Establishments. "So they didn't come in in the first place." Statewide, video lottery revenues are down a full 18 percent since the ban began. Smokers made up a "good majority" of video lottery players, Mann said, calling the economic impact "very significant." This decline has also hurt the state budget, for which video lottery revenue is a major component. The current year's video lottery revenue is expected to be $21 million less than the $106 million collected two years ago, before the smoking ban took effect. Lawmakers expected a decline of about 18 percent and budgeted for it, finding more cuts elsewhere. But the actual drop in revenue -- 19 percent -- has exceeded even the Legislature's pessimistic projections. State budget director Jason Dilges said it is too soon to say whether lawmakers will need to find more revenue or savings next year to counteract smoking-ban-related drops. Though video lottery money is down about $21 million and cigarette tax revenue down about $4 million, other state revenues are up, and Dilges said the revenue situation could change unpredictably by the time the Legislature convenes in January. The principal argument made by smoking-ban supporters was that the ban would improve health by sparing people from secondhand smoke. Some of those effects likely won't be felt for some time. "The real health effects are going to take place over the years," said Nord, pointing out that ailments such as lung cancer can take years to develop. But South Dakotans already may be feeling some effects. Dr. David Meyers of the University of Kansas, who has researched the public health impact of smoking bans, said most studies find an immediate decline in the number of heart attacks after an area bans smoking. Perhaps the most direct impact of the ban is the different experience involved in going to a bar, casino or restaurant. "We've heard from a lot of folks who are pleased that the ban is in effect," said Jennifer Stalley, director of government relations for the American Cancer Society and one of the most prominent supporters of the ban. Many smokers aren't among them. "A lot of my customers are unhappy" with the ban, said June LaCroix, owner of the Time Out Lounge on East North Street in Rapid City. "They come in, and then they go stand outside. This winter's going to be very cold for them." Despite opposition by some smokers to the ban, both supporters and opponents said people seem to be abiding by the law. Tarah Heupel of the Rapid City Police Department said the department hasn't issued a single citation for violating the ban since it went into effect. Discontent over the smoking ban from smokers and the businesses that used to host them, don't look for any major changes. "I just think it's almost a waste of effort to do that," Mann said of the video lottery association. He pointed to support for the ban among lawmakers and Gov. Dennis Daugaard -- and the likelihood that any serious weakening of the ban would probably be referred to a popular vote. Instead, Mann said his organization is looking at other ways to increase revenue to make up for the ban-related declines. Daugaard is a supporter of the smoking ban and doesn't "think there's a lot of interest in revisiting" it, said his spokesman, Tony Venhuizen. "If there were some ideas for adjustments or particular exemptions, I think the governor would be willing to consider those, but we would need to know the details," Venhuizen said. "The people have spoken, and it's in place."