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Commissioner takes aim at smoking law
Published 6/24/2009 in Local News
By STEPHANIE FARLEY
The city's smoking ordinance is up for discussion again among city commissioners, and at least one commissioner would like the restrictions eased.
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Stephanie Farley/Telegram — Harry Bristol, right, smokes Tuesday with Chuck Weston while standing outside the American Legion, 125 W. Pine St. Garden City commissioners could consider an amendment to the smoking ordinance to exclude the Legion and other Class A clubs, possibly allowing the establishments to have smoking inside.
The smoking ordinance came up at the end of the June 16 City Commission meeting during commissioner comments in which Commissioner John Doll asked City Counselor Randy Grisell to explore excluding certain groups or establishments — specifically the American Legion and VFW — from the smoking ordinance.
The issue hasn't come back before the commission. Grisell said he plans to have an amended ordinance ready by the July 7 City Commission meeting if the commission chooses to take up the issue then.
Doll requested Grisell make the exclusion of certain groups as narrow as possible while being able to allow veterans groups — the American Legion and VFW — to choose whether the clubs allow smoking inside the establishments. Grisell said he's drafting the amendment to state all Class A clubs could be excluded from the smoking ordinance if the commission approves the amendment.
Class A clubs includes nonprofit social, fraternal or war veterans clubs. According to City Clerk Stacey Frizzell, Class A liquor licenses permitted in the city include American Legion, VFW, Knights of Columbus, Eagles and Elks.
Grisell said the amendment could be limited further if the commission chose to exclude only certain groups or organizations from the ordinance.
Self-determination
The citywide smoking ban took effect in January 2007 and has been brought up periodically for proposed amendments or discussion.
Grisell said the original discussion included whether to exclude the clubs from the ordinance.
For Doll, reviving the issue of the smoking ordinance comes down to wanting to allow the veterans organizations that once allowed smoking in their clubs to determine for themselves if they will allow smoking.
Doll said 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 said that if the commission approved the amendment and allowed the American Legion and VFW to be excluded, "they'd never hear another word from me." If not, he said, he'll continue to periodically bring up the issue.
A right
American Legion Commander Don Nevin would like to see the City Commission consider excluding the clubs from the ordinance, leaving the decision to smoke inside up to the individual clubs.
Nevin sees the ordinance as stealing the right from individual business owners to have a choice. If government can tell business and club owners and others what they can and can't do, "sooner or later we'll be in trouble. ... It's just one more step toward socialism."
"We're adults. We're veterans. We've paid for these rights," Nevin said, of coming to the Legion, enjoying some camaraderie and having a cigarette if desired.
Phillip Burgess, exalted ruler with the Elks, feels the Elks, as a club with private membership that isn't open to the public aside from occasional patio parties and bingo, should have the choice to make it smoking or nonsmoking.
Burgess doesn't smoke in his home, so it's not much of an inconvenience to not smoke in the lodge. He just wants a choice for a club whose members pay to be a part of the Elks.
Nevin said the Legion's members do everything they can to abide by the ordinance and as long as it's the law, they'll live with it.
"But we don't have to like it," he said.
The commission
Commissioner David Crase said the commission had talked when the ordinance was first discussed about excluding some of the clubs but that he and others felt it would've been unfair to other establishments that were included.
"I'm in favor of just leaving it the way it is," Crase said.
Mayor Nancy Harness said she also wouldn't be in favor of amending the ordinance, explaining she feels the city has a good policy in place, "and we should leave it alone." The city didn't take people's right to smoke away, she said, the ordinance says you have to take it outside.
Commissioner Reynaldo Mesa said he'd initially talked about fraternal and veterans organizations being exempt from the ordinance, "but the votes weren't there for me to get that done." So he voted in favor of the ordinance even though the clubs weren't exempt.
Mesa said he's 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 later.
Commissioner J.R. Behan said paying for membership doesn't necessarily give someone the right to smoke inside. Behan said he still hears compliments from residents who appreciate establishments being smoke free.
What do you think? Should smoking be allowed inside group establishments like the American Legion and the VFW? Elsewhere? Talk about it at SWKTalk.com.
Found 1 comment(s)!
smoking alowed
Those vets fought for all of our rights. ANY business owner should have the right to allow their customers to use a legal product on their private property.
Posted by: Steve Corbin owner Town Royal Club on 6/29/2009