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Easing smoking law up in the air
Published 7/4/2009 in Local News
By STEPHANIE FARLEY
Garden City commissioners are firing up discussion again Tuesday on a proposed amendment to the city's smoking ordinance that would exclude some private veterans and fraternal clubs from prohibiting smoking in their establishments.
Commissioner John Doll favors amending the ordinance to exclude veterans organizations, explaining he feels veterans have earned the right through serving and fighting for their country to make the decision themselves of whether they can smoke inside their clubs.
Doll brought up the issue of amending the smoking ordinance to allow for smoking in veterans and fraternal organizations and private clubs, specifically the American Legion and VFW, at the end of the June 16 commission meeting during commissioner comments. Doll asked City Counselor Randy Grisell to explore excluding certain groups or establishments from the smoking ordinance.
If approved, the amendment that will be presented to commissioners Tuesday would remove Class A clubs, which would include the American Legion, VFW, Elks, Eagles and Knights of Columbus, from the ordinance, leaving it up to the individual clubs whether to allow smoking.
Commissioner Reynaldo Mesa is waiting to see what Grisell presents, adding he feels the city set the bar high with the current smoking ordinance, which allows for the ability to change or lower the standards.
Commissioner J.R. Behan has said paying for club membership doesn't necessarily give someone the right to smoke inside, adding he still hears compliments from residents who appreciate establishments being smoke free.
Commissioner David Crase and Mayor Nancy Harness favor leaving the ordinance alone.
The city has a good policy in place with the current ordinance, Harness said, "and we should leave it alone."
The topic of amending the ordinance came up during Tuesday's town hall meeting, with local resident Susan Mapes saying she doesn't want the ordinance revisited.
Before Mapes quit smoking in 1978, she was up to two packs a day. Now, she told the commission, the only smoke she's around is secondhand.
One issue Mapes sees with the city amending the ordinance is that businesses will keep asking for changes to the ordinance if private clubs are excluded.
Mapes spoke on the smoking ordinance the last time the issue came up when businesses were pushing for the commission to amend the 50-foot setback guideline in the ordinance that requires smokers to be 50 feet from the front door or primary entrance when lighting up.
"If you give them an inch, they're gonna want a mile," she said, adding she's curious where the changes to the ordinance would stop.
Legion member Tom Howard attended the town hall meeting earlier this week, saying he feels that in a country that's supposed to be free, the choice to smoke and allow smoking should be up to the citizens and individual businesses.
Resident Don Merideth also attended Tuesday's town hall meeting, saying he believes those who pay the bills for the businesses have the right to make choices for their own establishments. Those who don't pay the bills and use the business' services are patrons, Merideth said, explaining that businesses should have the right to choose whether to allow smoking. And patrons have the power to withhold their business or protest if they disagree, he said.
Commissioners have stated before that the ordinance doesn't take away people's right to smoke, it just tells them to step outside to do so.
Time Out owner Lee Gallegos agreed with commissioners during the town hall meeting that the ordinance doesn't remove the smokers' right — instead, she said, it takes away the businesses' right.
Doll said he wants to give back the right to choose to clubs whose members are those who sacrificed themselves for the country's freedom and citizens own right of choice.
"I know there are a lot of people that disagree with me," Doll said. "And God bless them."
Harness feels the ordinance has been one of the most healthful things the city's done.
People have the right to smoke, she said, just not where it affects her and others' health.
"And so this discussion will continue," she said, telling those at this week's town hall meeting the issue will be on Tuesday's agenda. "We know that it is an important discussion."
Download a copy of Tuesday's meeting materials.
Found 1 comment(s)!
smoking law
Once again to much government telling us what to do or not do. Communist or free country i am confused
Posted by: mike on 7/6/2009
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