Published: August 05, 2008 12:15 pm      

New Albany closer to being smoke free

Ordinance passes 5-4 on first reading

Business owners likely will be placing nonsmoking stickers on the windows of their establishments within three months — just one of the requirements included in the smoke-free act passed by the New Albany City Council Monday.

By a vote of 5-4, the council decided smoking in public institutions will be banned effective 60 days after the ordinance receives a final OK.

The definitive two readings will be taken during the council’s Aug. 21 meeting.

Council members Pat McLaughlin, John Gonder, Bob Caesar, Dan Coffey and Jeff Gahan voted in favor of eliminating the practice, casting their decision after an hour’s worth of testimony from residents, business owners and organization representatives.

Most of the pro-ban side that spoke were members of anti-smoking organizations and health-related occupations, as well as the American Heart Association, or AHA.

Dr. Tom Harris, of the Floyd County Health Department, said the office was “100 percent behind the smoking ban,” citing secondhand smoking’s impact on anyone who inhales it.

Residents and business owners made up the voice of those who wanted smoking to remain legal in public establishments.

“If you pass this ordinance, in the next couple of months, you’re going to see more businesses closed,” said Sam Anderson, owner of the Sam’s Food & Spirits along Charlestown Road.

The impact the smoking ordinance could have on commerce is one of the reasons Councilman Jack Messer cited in voting against the measure.

“I don’t even think this council, personally, should have the right to decide (on public smoking) for the people,” he said.

Messer and fellow councilman Kevin Zurschmiede said either a higher body of government or a referendum should be used to determine whether smoking would remain legal in public establishments.

By state law, a referendum cannot be held on smoking bans.

Trish Meyer, owner of Studio’s Restaurant and Pub, located at 207 E. Main St., handed out material downloaded from the Web site smokersclub.com, which provided statistics from hundreds of businesses around the nation that credited a smoking ban with effectively closing their operation.

“My employees know (Studio’s) is a smoking environment. Some have come over here just because of that,” Meyer said, arguing against the position supported by proponents of the ordinance that workers are the most at risk from secondhand smoke.

AHA spokesman Sam Denton said unbiased statistics proving the correlation between a smoking ban and loss of business don’t exist.

“Smoke-free policies have become a scapegoat for failed businesses,” he said.

Council members who supported the ban pointed to statistics highlighting the dangers of secondhand smoke, including the 2006 U.S. Surgeon General’s report that there is no risk-free level of exposure.

“I think collectively, we need to choose to be healthier and stronger and I think this is the path,” Gahan said.

Councilman Steve Price — who voted against the ban — asked those in favor of the ordinance if they were willing to ride bikes instead of driving cars, citing the area’s high levels of pollution as the reason.

He said people deserve the right to make up their own minds on the issue.

“Society is too politically correct,” Price said. “How far do you want to go with it?”

The ordinance is nine pages in length and it took City Clerk Marcey Wisman nearly 20 minutes to read it aloud to the council.

Messer said upholding the measure would be a difficult and possibly a costly task.

“Enforcement is my biggest question,” Messer said.

City Attorney Shane Gibson — who is a part-time employee — will be charged with enforcing the citations.

A person breaking the ban would face a penalty of up to $50, with businesses looking at citations totaling up to $500 after the second violation.



Highlights of proposed smoking ban

• No smoking in public establishments, including restaurants, bars and nightclubs.

• No smoking in buildings and property owned by the city, including police cars.

• Ashtrays have to be removed from any area where smoking is prohibited.

• Smoking will not be allowed within 20 feet of entrances to nonsmoking facilities.