MITCHELL: (Voiceover) Saving lives vs. saving livelihoods. After just six
months on the books, faced with legal challenges from business owners, the
city of Helena suspended its smoking ban. Then, in April, the Montana
Legislature passed a bill overturning the Helena ordinance, legislation signed
into law by Governor Judy Martz.
Doctors say it's a health issue.
Governor JUDY MARTZ (Montana): Sure, it's a health issue. Sure, it's a
MITCHELL: They go...
Gov. MARTZ: But it's a choice issue, too.
MITCHELL: They al--they go so far as to say that many of these tavern owners
and casino owners are picking profit over...
Gov. MARTZ: Is that a sin?
Gov. MARTZ: ...picking profit over murder. They say they're killing people.
Gov. MARTZ: No, no. That would say--that would mean like anybody that
drives a big truck is a murderer because a big truck could kill someone. You
have a choice to get in the way of the truck, or you have a choice to get out
of the way. You have a choice to go into a smoking facility, or you have a
choice to stay out of that smoking facility.
(Footage of tavern)
MITCHELL: (Voiceover) But is it a matter of choice for everyone?
Mr. TOBY DeWOLF (Restaurant Owner): And I think consumers have a choice, but
I don't think employees at this point--I still think the issue stands that an
employee does not want to challenge their employer on this issue because of
fear of losing their job.
MITCHELL: (Voiceover) Toby DeWolf owns a downtown restaurant and watering
hole which he's long kept smoke-free, for his health, he says, and for the
health of the people who depend on him for their jobs.
Mr. DeWOLF: When you're working in that kind of environment for 16, 18 hours
a day, and that becomes your livelihood, you know, it's--it's your health and
the health of the employees at risk all the time.
(Footage of smoker; hospital; heart monitor readout; emergency room)
MITCHELL: (Voiceover) And in fact, within weeks after the ban was suspended,