When Henry Cohen opened the Black Pearl on Main Street in September, he had to make a decision about the identity of his martini bar.

As an ex-smoker who takes the damaging effects of second-hand smoke seriously, Cohen wanted to make his bar a non-smoking establishment.
“I think (smoking) makes it unpleasant for people who are nonsmokers,” he said. “In fact I know.”

But because smoking is so deeply ingrained in the Ann Arbor bar scene, Cohen didn’t think he had a choice.

“Here’s the truth: I would love to make my restaurant non-smoking, but because we’re a brand new restaurant that’s just been established, I can’t take the economic risk of losing the business,” he said. “There are competitors just down the street who (allow smoking).”

But with the legislation banning indoor smoking gaining more and more steam in the Michigan state legislature, Cohen might not have to wait for long to banish smoking from his business.

Rep. Brenda Clack (D–Flint) introduced a bill to the Michigan House of Representatives last year that would ban indoor smoking in all public places with the exception of cigar bars, bingo halls and casinos.

“We knew it was a battle from the beginning, trying to convince the business community that it definitely would not hurt business,” Clack said.

The bill sat in the House for more than 10 months, going through a number of amendments before it was finally passed by a 56 to 46 vote on Dec. 5.

On May 8, the Republican-majority state Senate passed the bill —25 yays to 12 nays — but not without making some significant changes.

The Senate’s version of the ban was a complete ban on smoking in public places, no exemptions for cigar bars, none for bingo halls and certainly not for casinos.

“Why should we exempt the Detroit casinos?” said Sen. Tom George (R–Kalamazoo). “Detroit has huge health problems.”

The city of Detroit is where a large portion of the state’s Medicaid dollars are spent, and George, one of the only two physicians on the Senate and the sponsor of the new bill, said a smoking ban would lower those costs.

But the new draft didn’t please many in the House who believe that an outright ban would diminish the casinos as revenue makers for the city of Detroit and the state, and the bill was stopped in the House, six votes short of the 56 needed.

“I know there are economic issues that many people feel are an issue, that we would be losing jobs if the casinos and Detroit were required to ban smoking,” said Rep. Pam Byrnes (D–Chelsea). “That’s what the argument is, that many people will get laid off, we will be losing jobs.”

The bill still sits on the House docket, waiting to be brought up again for a vote. It could likely be brought up in the next few months after the election, when lame-duck representatives no longer fear upsetting voters. But no matter the result of the next House vote, there is clearly momentum behind Michigan joining the 35 states that have enacted anti-smoking laws.

“I think it will pass eventually,” George said. “I just can’t tell you if it will be lame duck, or next year or the year after.”

In Ann Arbor, it’s uncertain how a ban of indoor smoking would be received. Many smaller bars and diners like Rendez Vous Café and Fleetwood Diner rely on a strong contingent of smoking customers who might choose to go elsewhere if comfortable indoor smoking is no longer an incentive.

Lance Binoniemi, executive director for the Michigan License Beverage Association, said indoor smoking bans have hurt small business in other states.

“We’ve seen in other states where bans have been taken into place where the smaller mom and pop restaurants have suffered greatly from smoking bans,” he said.

He said the loss in business would cause small businesses to cut jobs or hours.

“In this economic time period people can’t afford to have their hours cut or lose their jobs,” Binoniemi said. “Why would we do anything in the state that could create job loss?”

Rep. Rebekah Warren (D–Ann Arbor) believes a ban wouldn’t have a significant impact on local businesses.

“I think that most of the research is pretty clear that the places that have had smoking bans in place, it’s almost pretty predictable, they see a slight drop off when the bans are put into place, but after a couple of months the business actually increases,” she said.

Smaller businesses could make up the loss of revenue elsewhere, Warren said, by attracting an entirely new demographic.

“There’s a whole group of people, non-smokers, who actually won’t go to places if there’s smoking there,” she said.

The Fleetwood Diner, located on the corner of Ashley Street and Liberty Street, in a flimsy, tin-covered building that looks as if it’s been converted from a mobile home, is a late-night haven.