Gov. Doug Burgum signed House Bill 1229, which would authorize cigar bars and lounges in North Dakota starting Aug. 1st. This is a step back from a comprehensive ban on smoking in public places, which includes restaurants, bars, hotel, and motel rooms; that North Dakota voters enacted via an initiated statutory measure in 2012.
To those who support this legislation, I say not so fast. A public advocacy group called BreatheND spent a number of years and quite a lot of money in fighting for a comprehensive clean indoors air law here in North Dakota. Their efforts resulted in the passage of the initiated measure in 2012. Prior to that, a number of North Dakota cities had enacted indoor smoking bans of one sort or another.
I predict that BreatheND or some other group will likely launch a referendum petition against House Bill 1229. Any opponents would have a short window of time – 90 days from the day that the governor signed the bill, and it was filed with the secretary of state (and that clock is ticking) – in which to gather signatures on a referendum petition and present them to the secretary of state’s office to place the matter on the 2024 ballot.
If the number of signatures on such a referendum petition are deemed sufficient; the legislation would not take effect as a law until the voters have had their say on the matter. At the present time, however, no group has stepped forward with plans to launch a referendum petition against House Bill 1229.
Personally, I oppose this walking back on the law which voters approved back in 2012. Although, it would be highly unlikely that I would go into a cigar bar myself, I am on the side of public health and safety on this one.
Olson, of Fargo, is a published author of commentary and opinion articles in publications across North Dakota. E-mail him at: rickolson@midco.net.
