Wednesday, December 21, 2005

Proposed Smoking Ban in Springfield IL-TABLED!

For now there will not be a smoking ban in Springfield but I am sure one is on the way. I'll keep fighting aganist this nonsense as well. My alderman, Frank Edwards, voted against the smoking ban. Some restraunts have choosen to go completely non-smoking which they have a right to do so. However, it is not governments role to tell private business to go non-smoking. I'm not a smoker but I will keep fighting for businesses rights!

Smoking ban tabled
Davlin: See what state, county do

By CHRIS WETTERICH
STAFF WRITER

Published Wednesday, December 07, 2005

Mayor Tim Davlin got to do something he loves at Tuesday's Springfield City Council meeting: present a proclamation honoring the Sacred Heart-Griffin High School football team for its recent state championship.Web Extra: Read our "play-by-play" blog from the council meeting

Then, he and the rest of the council had to confront an issue that has vexed the city since May: whether to ban smoking in almost all indoor workplaces.

Davlin's answer? Punt it to the Illinois General Assembly and Sangamon County.

An evenly divided city council, with Davlin casting the deciding sixth vote, first declined to strip more than half a dozen exceptions that a committee had attached Monday to Ward 10 Ald. Bruce Strom's smoking-ban ordinance.

Then, on a 6-4 vote, the aldermen agreed to Strom's motion to table the watered-down ordinance.

For the first time Tuesday night, Davlin committed himself to voting for Strom's comprehensive smoking ban, but only if the legislature allows Sangamon County to do the same.

"Sure would. Plain and simple," Davlin told reporters after the council meeting when asked if he'd vote for a comprehensive ban if the county could also ban workplace smoking in unincorporated areas. "I probably wouldn't even have to vote for that. It wouldn't even come down to the mayor's vote. I think we lead the charge on this."

Davlin said the city must explain to state lawmakers how it cannot ban smoking without putting taverns and restaurants within city limits at an economic disadvantage compared to those in unincorporated areas.

"I think the Illinois legislature has put municipalities in a terrible situation," Davlin told the council. "You haven't heard the end of this. Tell them what happens when they're pitting us against our neighbors across the street."

Sangamon County Board Chairman Andy Van Meter has said he would push for a comprehensive smoking ban if the legislature allows non-home-rule governments to do it.

After Davlin voted against stripping the amendments - providing exceptions for bars, bar areas of restaurants and bowling alleys, banquet rooms, private clubs, stage productions, non-health-care home businesses and tobacco retail stores - from Strom's ordinance, Strom moved to table the matter.

Strom's original ordinance would have barred smoking in most indoor workplaces, including bars, restaurants and bowling alleys. Exceptions would have been made for hotel rooms, private nursing home rooms and non-health-care, home based businesses. The ordinance would also bar smoking within 10 feet of building entrances.

Strom said the exemptions added by Ward 9 Ald. Tom Selinger, Ward 1 Ald. Frank Edwards and Ward 4 Ald. Chuck Redpath during Monday's public affairs committee meeting rendered the ordinance essentially useless.

"It would be very little change from what exists today," Strom told the council. "A poor ordinance is worse than no ordinance."

He predicted that if the watered-down ordinance passed, the council would pat itself on the back, say it did something and not revisit the issue.

Tabling the ordinance effectively kills it unless both sides can come to a consensus. Eight aldermen or seven aldermen plus the mayor have to agree in order for it to be brought back up.

Selinger, who offered the amendments, agreed to table the ordinance in order to leave open the possibility of future negotiations.

"There could be something decided at that Capitol building," Selinger said.

Ward 2 Ald. Frank McNeil, who along with Edwards, Ward 3 Ald. Frank Kunz and Redpath voted against the tabling, said some restrictions are better than none.

"Until tobacco is made illegal, I don't see how we can ban smoking without a compromise," McNeil told Strom. "The point of it is, you said we want to do something about health. We're limiting smoking, not to the degree that you want. Now, you want to table this ordinance and do nothing. That's astounding.

"We've all been here long enough to know you don't get everything you want out of this deliberative body."

Opponents again decried a comprehensive smoking ban's possible effect on city bars and taverns.

Mike Walton with American Legion Post 32 said that while he wasn't making a threat, his group might leave downtown Springfield if a comprehensive ban were passed.

"The veterans fought for what's going on in this room," Walton said. "We've been looking at building a new facility. A lot of our members said they would keep their membership but wouldn't be coming into our facility" if smoking is banned.

Strom said he expects that the issue will continue to be discussed. He said he would look at trying to put it on the ballot for a referendum this spring but declined to say what - if anything - he would be willing to compromise on.

"We were looking very hard at some of the things that were being offered," Strom said. "I'm certainly not in a position to say what those things were. We put health as No. 1. If someone else chooses to smoke and hurt their health, that's their business, ... but when people blow smoke around and other people are affected by it, that's the concern."

Before Tuesday's votes, Edwards lit into Strom in a continuing feud over what the fellow Republicans promised each other regarding Strom's original ordinance.

Edwards said he promised Strom only that he would not personally amend the ordinance, not that he wouldn't vote for other amendments.

"I've been called a liar, backstabber. I've been attacked personally. My family's been attacked personally. And quite frankly, how that got started was out of you, Bruce," Edwards said.

Strom ignored the admonitions, after saying Monday that Edwards promised to allow an up-or-down vote on the original ordinance.

Council coordinator Joe Davis, speaking to reporters after Tuesday's votes, confirmed he was at the meeting where Edwards and Strom discussed the smoking ban.

Davis said there was "an agreement that Bruce would proceed with his ordinance as is. And Frank (Edwards), if he wanted to do anything, would have an alternate ordinance."

"My recollection was that Alderman Edwards ... would offer a new, freestanding ordinance," Davis said.

Edwards' ideas for amendments were circulated among the alderman, including Selinger, long before any meeting occurred with Strom, Davis added.

Asked if Edwards promised to shepherd the ordinance to a straight up-or-down vote, Davis said Edwards did not make such a promise.

For their part, supporters of a complete smoking ban, which a poll has said has the support of 65 percent of the public, told the aldermen they would remember Tuesday's vote for years to come.

"We will remember your votes," Dr. John Holland vowed. "We will respect you for them, but we will remember them. A 'no' vote really ignores the wishes of a majority."

Chris Wetterich can be reached at 788-1523 or chris.wetterich@sj-r.com.

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