Council passes smoking ban 4-3
Patio areas are exempt from the ban.
Published Oct. 10, 2006
After a lengthy public hearing, the Columbia City Council ended one of the most dramatic debates in recent memory, narrowly approving a smoking ban for most public places, including bars and restaurants.
The council held a public hearing on the ban Monday evening and voted early this morning 4-3 to support the ordinance, which will be enacted Jan. 9.
Supporters and opponents filled the council chamber and a conference room to capacity and were able to voice their opinions to the council.
The Columbia/Boone County Board of Health opened the meeting with its staff report on smoking read by board Chairman Michael Szewczyk.
"The role of public health is to remove public health risks," Szewczyk said.
Statements followed from the proponents and opponents of the ordinance. Dean Andersen, a member of the Boone County Coalition on Tobacco Concerns, spoke on behalf of the ban's backers. He focused mostly on the health issues and denied the ordinance as a property-rights issue.
Andersen said it was time for local government to listen to constituents and protect public health.
"Even the businesses must follow codes," Andersen said. "We set standards on businesses all the time with things such as mercury, lead and asbestos."
The Boone Liberty Coalition offered a rebuttal that featured an array of guests. Liberty Coalition Chairman Greg Rennier opened with the coalition's four main points: Economic effects, freedom of choice, government intervention and the trend of restaurants going to the non-smoking format.
"The city regulates business, but only on unseen consequences," Rennier said. "Smoking is a known hazard."
Liberty Coalition member Glenn Nielsen spoke about freedom of choice and health risks.
"The service industry has to focus on entertainment aspects and appeal to their customers," he said.
After a short break, the public forum began as about 60 speakers waited their turns in line. Each went up and argued his or her point-of-view to the council in a three-minute time period.
The main arguments brought up by the opposition were free enterprise, the majority of patrons being smokers, problems with streets and sidewalks and putting the decision in the hands of the community or the state legislature.
"This isn't about smoking," McGinty's Pub manager Doug Brady said. "It's about the expansion of government power where it doesn't belong."
Michael McClung, owner of Déjà Vu, Quinton's Bar and Deli and Tonic, said a large majority of his patrons are smokers.
"I'm probably the most financially affected person here," McClung said.
The proponents of the law featured a slightly larger and demographically diverse constituency and argued mostly the health issues of patrons, employees and children; minimal economic effects; and the importance of passing the ordinance sooner rather than not.
"If there is a state law, it will be written by big tobacco," resident Tim Harlin said.
The council went to debate following the public hearing, and Mayor Darwin Hindman resolved that the primary argument in the debate is health issues rather than the freedom of business.
"There are going to be some winners and some losers," Hindman said.
Debate followed regarding certain language issues about what was banned, and the council decided "lit, burning tobacco products of any form" would be banned. Also, private-member associations to which the public is invited, such as bingo games, are not exempt under the ordinance.
Most importantly, an amendment was passed to exempt patio areas from the ordinance. Hindman questioned this ruling and said that there could be a disadvantage for restaurants without the patio area.
After council members gave their final thoughts regarding the ordinance, they council went to a vote.
"The most important issue is employee health," Third Ward Councilman Bob Hutton said.
Hindman agreed with him, along with Second Ward Councilman Chris Janku and Sixth Ward Councilwoman Barbara Hoppe, who both said public health concerns justified the vote.
In a March news release, the Boone County Libertarians endorsed Janku for re-election to the City Council because of his stance against the ban. Janku could not be reached for comment after the meeting Monday.
Fifth Ward Councilwoman Laura Nauser and First Ward Councilwoman Almeta Crayton voted against the ordinance because of worries regarding the government reaching into people's lives and taking away rights. Fourth Ward Councilman Jim Loveless also voted against the ban after deciding that patrons, and most employees, have a choice of where to eat or work.
After a long night of debate that successfully expressed each side's views on the smoking ban, the ordinance was passed and will await reaction from smokers and business owners alike. Loveless said that despite voting against the ordinance, he is not at all upset with a smoke-free city.
"I'm not disappointed in the ends, just the means," Loveless said.