Our friends, the Restaurant Association Metropolitan Washington (RAMW), are fighting back against the proposed SmokeFree Ballot Initative. Here’s their press release, which illustrates the importance of choice and the legislative process:

(Washington, D.C.) Today, March 8, 2004, the Restaurant Association Metropolitan Washington (RAMW) filed suit against the D.C. Board of Ethics and Elections (BOEE) in D.C. Superior Court to oppose the "D.C. Smokefree Workplaces Initiative of 2004." The proposed Initiative would do away with smoking in bars and restaurants in the District of Columbia. The lawsuit, which comes as a response to a referendum considered by the BOEE earlier in the year, carries the possibility of being on the November ballot, has been filed by RAMW in anticipation that the Court will find the proposed initiative is not a proper subject for consideration.

"The smoking ban would have a devastating impact on the local hospitality economy, and would diminish sales tax revenue," said Andrew J. Kline, general counsel for RAMW. "The fiscal impact associated with a mandatory smoking ban must be considered by the Council and the Mayor in formulating a budget and the initiative process contains no mechanism for doing that."

Besides the Initiative’s lack of consideration for fiscal impact, the lawsuit addresses other reasons why it should be rejected. The proposed initiative would negate or limit an act of the Council, could adversely affect the sales tax and cigarette tax revenues collected by the District, and seeks enactment by initiative of a law appropriating funds. In addition, there were a number of procedural issues of concern, including the fact that the BOEE failed to give adequate notice of the public hearing held in February, and the Initiative makes reference to "findings" that were never made by the Council.

Lynne Breaux, Executive Director of RAMW, stands firm in this fight for choice, and looks forward to being vindicated by the Court. "We are not a pro-smoking organization; we favor freedom of choice, for individuals and businesses alike, and that includes smoking. There are smoke free restaurants, well-ventilated restaurants, and smoke friendly restaurants all around the Metropolitan area — people have the ability to choose what they want. Let the demand designate the supply, and not look to over-regulation as a solution."

Kline added, "This attempt to bypass the Council, of which the majority do not support a smoking ban, and the Mayor who does not support a ban, is irresponsible because it fails to consider the potential damage to the District’s ability to fund needed programs with sales tax revenues. It is my hope that the Court will realize the importance of the need to rely on the revenues generated in our bars and restaurants, and reject the proposed initiative."

Now that the lawsuit has been filed, the opposition has twenty days to file a response to the complaint. A copy of the lawsuit is available upon request.

-Zoe Mitchell