Prior to House passage today of a statewide public smoking ban, Rep. John Maher (R-Allegheny/Washington) during the House floor debate pointed to one of the lingering weaknesses in the legislation.  According to Maher, the "smoking ban is an unenforceable sham."

The bill's primary House author, Rep. Mike Gerber (D-Montgomery), acknowledged that the bill prohibits enforcement by local police, prohibits enforcement by county police, prohibits enforcement by state police, prohibits enforcements by detectives, prohibits enforcement by district attorneys and the attorney general, prohibits enforcement by sheriffs, deputies, and constables.

"Who is left to enforce this law?" Maher asked, answering his own question by saying, "Only county health departments are allowed to enforce this law.  What's worse, according to Rep. Gerber, county health departments cannot obtain search warrants or investigate any complaint other than by accessing areas open to the public at large.  In other words, the smoking bill considered by the House creates the enormous loophole of obstructing any enforcement except violations that are personally observed in public spaces by a small number of county health department employees."

Rep. John Maher
40th District
Pennsylvania House of Representatives
(412) 760-4040
www.RepMaher.com
Contact:  Dan Massing
House Republican Public Relations
(717) 772-9845
www.pahousegop.com