Smoking ban back on the table
6/1/2009
By DAVID CLOUSTON, Salina Journal
By a 3-2 vote Monday, Salina city commissioners agreed to reopen the
issue of a public smoking ban in Salina by having hearings so business
operators can appeal for exemptions.
Commissioners Tom Arpke, Samantha Angell and Mayor Luci Larson were
in favor of bringing the issue back before the commission, while
commissioners Aaron Peck and Norman Jennings were against it. The
decision was reached at a commission study session.
No date for the hearings was set Monday.
The city's smoking ban, which applies to virtually all public buildings, took effect May 2.
Arpke, who made it clear in his race for the commission that he
opposed the smoking ban, made it clearer still Monday that he wants to
make antismoking forces responsible for keeping the ban on the books.
"I'll make it real easy," Arpke told fellow commissioners during a
discussion preceding Monday's commission meeting. "I think my goal,
when it's all said and done, is to repeal the existing ordinance."
His comment drew applause and cheers from a large group of ordinance opponents who filled the commission's conference room.
Opponents have until Aug. 12 -- 180 days after the first signature
was collected -- to turn in a petition challenging the ordinance that
took effect May 2.
They have not yet done so, sticking firmly to their conviction that
voters would have a clearer choice if commissioners repealed the
ordinance.
That's because if the antismoking advocates challenged the
commission's action with their own petition, voters in a special
election would be voting 'yes' to retain the ordinance, rather than
'yes' to repeal it.
"We want a 'yes ban' or 'no ban.' It's very simple," said ordinance
opponent Gary Swartzendruber. "We want to give the present governing
body ample opportunity to, hopefully, repeal (the ordinance)."
Though they didn't get that far Monday, ordinance opponents did
succeed in getting a majority of the commissioners to agree to allow
for public comment and discussion about possible exemptions.
In voting to allow more comment, Angell cited what she termed
inconsistencies in the ordinance. For example, someone living in an
apartment in an apartment complex may smoke, but someone living in an
apartment in an assisted-living or longterm care facility may not.
"The primary difference there is the employment aspect," City
Manager Jason Gage said. Staff caring for a resident in the latter
circumstance would be exposed to second-hand smoke when they went into
that person's residence to care for them, he said.
Angell also cited exemptions to the federal employment discrimination law applied to businesses with fewer than four employees.
Those businesses could discriminate against someone based on their
age, race or disabilities -- choices that those discriminated against
have no control over -- but the same employer couldn't allow smoking in
their establishment, she said.
Jennings said it was important that the commission's future
discussion on the issue remain concise. He asked that business owners
who feel harmed by the ordinance be asked to submit their comments and
sales figures as proof, in writing, ahead of the discussion.
Though he ultimately supports a repeal, Arpke offered up a list of exemptions he thought should be added to the ordinance.
He suggested giving establishments that previously allowed smoking
the authority to continue. If the establishment chose to remain
smoke-free, the smoking ban would be permanent.
Arpke said he also supports an exemption for private clubs with air filtration systems.
Bowling alleys should not be exempt, though, Arpke said, because children are sometimes present in those facilities.
Larson said she was open to revisiting the issue and considering
exemptions, as a compromise, until the Legislature implements a
statewide smoking ban.
The move to bring the ordinance back for more discussion and
possible exemptions or repeal caused Peck to question the time and
energy that commissioners and the public would be spending on the
proposal.
"Quick question. If we have three commissioners here who want to
repeal it, why are we going through all this effort for?" Peck asked.
"Just do it."
The audience applauded again at that remark, but Larson did not respond and commissioners moved on to other matters.
n Reporter David Clouston can be reached at 822-1403 or by e-mail at dclouston@salina.com.
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Michelle says....
TO BLAHBLAH!Then quit crying cry baby,and smoke away like there is no tomorrow,sounds good to me,..for you.You keep hanging out in the dumps honey,maybe thats the solution because I won't be there anyway,so you can suck smoke all you want,I don't believe you are a medical wonder,just another addict justifing their addiction.All the best to you,and try not to be so angry and thin skinned.(maybe its the smoking)
6/10/2009
Herr Kommissar says....
http://www.davehitt.com/facts/badforbiz/
6/10/2009
salina smoker says....
I am tired of going to a rest. and having to listen to a table of DRUNKS, my kids can't understand why the DRUNKS are allowed to make so much noise and my kids can't. I think we should go after alcohol in the rest. next. Then we can target pop, fast food places and so on on on. That is what this world is coming to!
6/9/2009
says....
no one is smoking in public places. You complain about smelling like a dirty ass tray ...please...I hate going to a restaurant and have my meal spoiled by an over weighted person that stinks like his or hers lunch. stuffing their faces and clogging their arteries ..umm that's pretty healthy ..you non smokers want to call it like it is...I know I am a smoker and I know I am healthier them most of you non smokers....I have a lung capasity test done every year ...and I am 44yrs old and my lung capacity is that of a 28 year old...so tell me non smokers...and tell my dr..smoking is so bad for you but I will guarantee you my lungs are in better shape then yours..I am a smoker I have great lungs....I do not have a cough ...my dr does not understand why my lungs are so good..my health is good probably great for a women in her 40's..
6/9/2009
BLAHBLAH says....
TO MICHELLE....all right way to go sheila...I can smoke in your bar I will be there ...with 4 packs ..lol...go home non smokerssssssss...and cry in your beer at your house...all you do is cry cry cry cry ....I could cryless if I smoke in public...but after all your crying ...and they say we can smoke in abars ...michelle...stay away from me please ..I will smoke them one after the other like no tomorrow and give you something to complain about oh ya I will be hacking and a coughing ...awh the good life...good time to start smokeN I can't stand a crybaby they get under my skin
6/9/2009
Michelle says....
Sheila:You must run the dumpiest,smokiest,beer joint in town.
6/8/2009
sheila says....
Wonder why the Journal or the Emporia Gazette will not do a story on the plummeting liquor excise revenues collected in bars and taverns? Liquor stores are reporting increased revenue. That's great, BUT, only retailers collect the extra 10%, for the State, at point of sale. That's bars. How embarassing. Neither paper would report valid studies on business losses prior to bans. Funny, the papers will, in the end, be on the losing end too. The grant money for ads will be gone soon. And so will lots of small advertisers.
6/7/2009
Michael J. McFadden says....
Laura, you seem to question what the ban has done to the pubs in Ireland. While I don't have figures on Ireland itself, the pub closure rate in England/UK shot from 3 per week before their ban to FORTY TWO per week after the ban. That's over a 1,000% increase and, anecdotally, it seems to have mainly affected the small, quiet, country style pubs that really represent the backbone of British pub culture. Again, anecdotally, my understanding is that the situation in Ireland has been even worse. Michael J. McFadden Author of "Dissecting Antismokers' Brains"
6/6/2009
whatever says....
To all that have been so inconvenienced by not being able to enter businesses because of the smoking: What businesses are you referring to? Bars? I would think the second hand smoke would be just one of your worries. Pickling your liver has just as many health consequences. Wait...maybe we should ban all alcohol sales in public places...after all, its a public health matter. I mean, people get drunk then make poor decisions that affect other peoples health and safety, right?
6/6/2009
Steve Corbin says....
Bob, in chicago no-one really gives a darn. Here in Kansas we have smoking Nazis who would turn their mother in for smoking. We are not the "WINDY CITY" we are the "LAND OF OZ".
6/5/2009
says....
Keep the smoking ban! This is a public health issue!
6/4/2009
LAURA says....
TO SHEILA"In Ireland centuries old taverns are closing because of bans,I assume smoking bans?You aren't kidding me,the Irish will have taverns forever,there is more to that story girlfriend.Your on the wrong side of this one,however,I respect your wisdom in seeing and admiting the screw up with Obama,things are going to get alot worse with gov't.control.Hold on tight.
6/4/2009
sheila says....
Aprilolaw and Laura, Yes I voted for Obama. Yes I am kicking myself. There is nothing you can say to make me feel any worse about it. Ron Pauls was the only choice to eliminate the control of the lobbyests. Obama did say he would not have them around him. Biggest lie he told. 2nd biggest, would not raise taxes on anyone making under $250,000 oer year. WHOPPER!! And in Ireland, centuries old taverns are folding up all over due to bans. Guess you didn't get to visit any closed taverns, huh?
6/4/2009
LAURA says....
There is a bill waiting for Obamas eager signing,by for one,sen.Chris Dodd,Dem.,if you smokers are democrat and voted obama,blame yourselves,big gov't and democrat philosophy is one and the same,the bill will put more limits on smokers and smoking,and tobacco availability.Quit blowing smoke,and get your head out where the sun shines.SHIELA,if your a democrat,quit complaing and suck it up.
6/3/2009
NON-SMOKER says....
If this commission and mayor can't stand the heat, THEY NEED TO GET OUT OF THE KITCHEN! You aren't going to make one side happy either way you go so--STEP BACK,TAKE A BREATH OF FRESH AIR, AND DO WHAT IS RIGHT FOR THE HEALTH OF THE ENTIRE COMMUNITY AND KEEP THE BAN! WE CAN ALL LIVE WITH IT. THANK YOU.
6/3/2009
Hawk says....
kbf; you could have gone out for a sandwich and gone to the pool for the last several years and not worried about smelling like an ash tray, where you been?? No smoking at the pool or resturants my friend, get a clue!!
6/3/2009
bz_radio.com says....
As an ex smoker when I pass a place where smoking was taking place the smell was really bad. The thing is I have a choice on weather to enter that place. only 30 percent of the population smoke now. the free market will take care of the problem if we only would let it. This is just another example of the government intruding in our lives.
6/3/2009
Kerri says....
it reminds me of the suicidal person,that wants kill others along with himself.Just kill yourself if you want,have the GUTS to leave others alone.
6/3/2009
Informed Individual says....
To those who keep complaining about 2nd smoke toxins..AGAIN..you take in more of the same toxins each day from your vehical exhaust than 2nd hand smoke from tobacco.
6/3/2009
Informed Individual says....
To: Boycott smoking establishments...I hope someone who applied to work at your establishment picked up the comment your wrote here..because according to labor laws you would be in violation to make a decision of whether or not to hire an individual based upon whether they smoke or not. Oh..this could lead to discrimination court cases since it is legal to smoke.
6/3/2009
Xpaperdude says....
I think non-smokers should just sack-up and quit belly aching. Oh, that's right. 'Silly me. That's about all you Salinans can do.
6/3/2009
snowbird says....
All no-smoking laws that are based on lies, half-truths and slanted surveys should be struck down immediatley if not sooner
6/2/2009
Lets ban it all! says....
American, the land of the free, is rapidly becoming American the land of the nanny. Gubberment does not approve of this, gubberment does not approve of that. Sure lets change so that we can be just like Europe. Our forefathers fought a war so that we would not be ruled by a repressive government. Slowly, but surely we are allowing our government to become just as repressive as King George. You little wannabe dictators should be ashamed of yourselves.
6/2/2009
Herr Kommissar says....
Hey no name person who claims you finally got to go into a bar this weekend. Why haven't you been patronizing one of the bars that had voluntarily decided to not allow smoking?
6/2/2009
Michael J. McFadden says....
JustAThought wrote, "As a person whoe loves to some to salina and shop this smoking ban does make an impact on everyone." . - . - . Just, if you don't like smoke then you should be AGAINST the smoking ban. Without a ban you'll have plenty of choices of places to shop and eat with virtually NO exposure to smoke. Once a ban is in place you'll have smokers standing out on the sidewalks and around the entrances to all the smoke-free places that you are trying to go to. You'll have lost the almost totally smoke free experience you had before the ban and now find constant encounters with it. Put smokers back inside the places that allow smoking and everyone will be happy. . - . - . Michael J. McFadden, Author of "Dissecting Antismokers' Brains"
6/2/2009
Anti-Smoker says....
By the way, do any of you smokers wonder why some of your 'old friends' always have an excuse not to go out with you or not to come to your home? Think. Maybe they got tired of your exposing them to your poison.
6/2/2009
Boycott smoking establishments says....
Smoking is a filthy and disgusting habit. We have personally eliminated smokers from our circle of friends and associates. We won't hire smokers because even if they don't smoke IN my business, they spend far more time on 'smoking breaks' than non-smoking employees. It's bad for your health. Smokers smell really bad. It ruins furnishings. It ruins meals of other diners in restaurants. They throw their nasty butts on the ground for someone else to pick up. It is incredibly rude to expect someone else to breathe the poison of a smoker. I won't even play golf with a smoker outdoors because they stink up nature and they leave their filth behind for others to pick up. I could go on and on but none of this is new information. Smokers simply are selfish people who don't care about anyone else but themselves. I don't live in Kansas but know some people in Salina. I live in a non-smoking state and all the bars predicted dire consequences when the non-smoking law went into effect. Know what? No difference in business and it's all healthier air for all to breathe now.
6/2/2009
A thought says....
Its funny to me to think that when so many want one thing or another that the ones who get it is usually the one in power. Should we smoke in front of people who don't smoke? Would it be polite to think of others? I as a young child said a word in front of some one who did not like it and when she told me to PLEASE not use that language in front of her my thought to her was its a free country. She absolutely agreed with me and then reminded me that she also had the same freedoms in this country and she was protected from having to hear it (especially from a young punk like I was.) Courtesy that's what we should practice. Smokers can't wait to smoke out side so I don't have to smell it while I'm eating how is that fair? Just saying.
6/2/2009
Ed's thought says....
Its funny to me to think that when so many want one thing or another that the ones who get it is usally the one in power. Should we smoke in front of people who don't smoke? Would it be polite to think of others? I as a young child said a word in front of some one who did not like it and when she told me to PLEASE not use that language in front of her my thought to her was its a free country. She absoulutly ageed with me and then reminded me that she also had the sme freedoms in this country and she was protected from having to hear it (espically from a young punk like I was.) Certicy thats what we should practice. Smokers can't wait to smoke out side so I don't have to smell it while im eating how is that fair? Just saying.
6/2/2009
sheila says....
WHy should imput from the public be allowed now? The last Council didn't give a rat's patoot about what citizens and business owners had to say. They only cared about the paid lobbyests and a couple of whiners, who cannot seem to figure out how to avoid tobacco smoke. There are plenty of non smoking resturants and drinking establishments. Do you need the government to follow you to the bathroom and check your hand washing techniques, too? Second hand smoke has been shown, according to studies by the EPA and OSHA, to cause NO increase in heart attacks OR cancer. First hand smoke is another story. We are not talking first hand here, we're talking second. The nannies have used "studies" funded by pharma. And you want to know what you get when you PAY for a study. An agenda! Too bad science got tossed out the window. Big money buys loyalty, not truth.
6/2/2009
says....
I have enjoyed the last month of freedom to explore all that Salina has to offer without having to choke on the smoke. Discussion is good, as long as we here both sides. I hope both sides will show up and show their support, if so, I think we will see that the majority want this ban as much as we wanted the last one.
6/2/2009
special election says....
I personally am FOR the ban, but I do see the point of the people who say that the public should decide. HOWEVER, I do not think that using public money to fund the special election is prudent. If the ban opponents would have turned in their petition on time, there wouldn't need to be a special election. The signatures on the petition should be the ones footing the ($20,000) bill for the special election.
6/2/2009
kbf says....
Whine. whine.The ban is now law, let it be. It is nice to now be able to go bowling,to play bingo, play pool without going home smelling like an ashtray with a hugh headache. Just last week we went out for a sandwich and pooland was it ever nice.
6/2/2009
Shocked says....
Shame on you commission! A month of sales figures is not an accruate picture of how a business is effected, that is so short sited and couldn't possibly give you a comparable number. I hope that they are at least requesting three years worth of information for each month they are looking at, then you would be able to see trends, that is provided that someone knows how to read the financials. At least look at copies of filed state sales tax returns, that way no one will have the ability to cook their books.
6/2/2009
Informed Individual says....
Revisiting the smoking ban does not mean that there will be smoking allowed in restraunts..Please become informed about this discussion before you post...at least 3 of you talked about eating establishments..One of you talked about taking your son out to eat in Salina and since restraunts are non-smoking till 9pm...what are you doing taking your son to a bar? For those health advocates...You do realize you take in more of the harmful toxins of vehical exhaust everyday than 2nd smoke. Do you also realize that liquor kills just as many people as 2nd smoke does but you are not pushing for it to be illegal..or restricted further. most of the information I have stated can be found on the CDC's website by the way.
6/2/2009
says....
I'm all for someone having the right to smoke, but when your right affects my health that’s when I stop spending money at the establishment. I went downtown this weekend for the first time in 6 months because I was able to actually walk into a bar and be able to breathe when I left. My 2 cents
6/2/2009
Peggy says....
whether the city of salina advances to this century or not is in the balance,eventually the smokers will lose on this issue,even if it takes another election and more time for Salina to catch up with the leading communities of the nation.
6/2/2009
Aprilolaw says....
We went to Ireland 4 years ago, smoking is banned in public in the entire Country! They are used to it...Salina Commissioners, stick to your guns, the businesses can adapt. WHY drag this out any longer???
6/2/2009
says....
not the 5 of Salina should decide! -- You are 50% correct. The 5 wannabe dictators should not decide, it should be up to the business owner.
6/2/2009
The syko one says....
Graham Keats-- Better check with the businesses that it affected. Some of them have been noticing a drop in revenue.
6/2/2009
Herr Kommissar says....
mourner--I have met a lot of people who are smelly, choking, and noisy and they don't even smoke.
6/2/2009
The syko one says....
Just a thought!!!!!-- Unless you come to Salina to do your shopping in a bar, bowling alley, or bingo parlor, you have not been inconvenienced by smokers for quite a number of years
6/2/2009
Back Peddlers...The almightly 5 Speak! says....
the power of 5... they do not speak for the people! they speak for themselves. WAKE UP SALINA AND SPEAK YOUr MIND!
6/2/2009
Just a thought!!!!! says....
As a person whoe loves to some to salina and shop this smoking ban does make an impact on everyone. I think that the city commis. should think outside the box. I personally love to come and shop and give my tax dollars to the city of salina. I also like the fact that salina has alot to offer. In these two statements, I will rethink coming to salina to shoopping and eating, because of the smoking ban decision. Only because I have a son who always comes with me and if we can not enjoy our day out eating and shoping I don't think that salina will be my choice to shop and eat. So, I am for the smoking ban, because I think EVERYONEs health is at jepordy including mine and my sons!!!
6/2/2009
Keh says....
The Tobaco state just passed a state wide smoking ban and don't we as non-smokers have a god given right to breath smoke free air.
6/2/2009
sheila says....
The zeal of the pro ban folks is only matched by their funding! It's is incredibly refreshing to witness a City Council that serves it's PEOPLE and NOT special interests! There is plenty of room for everyone. If most people do not want to be in a smoking allowed venue, the business owner will accomadate or go out of business. It's called the free market. It is what this Country was founded on. If you want to control a small business and make it non smoking, practice YOUR rights, BUY THE BUSINESS!
6/2/2009
mourner says....
Why? It's like saying maybe it is okay to creat an unhealthy situation for everyone you come in contact with while you smoke. Don't believe it. I think it is great that I can take my family bowling, eating, or any other public activity without worrying about sitting next to a smelly, choking, and noisy person that smokes.
6/2/2009
Graham Keats says....
For goodness sake City Commission let the smoking ban remain as is. It is a collossal waste of your time & taxpayer's money to let people come & whine about an exemption. This is not a rights issue, it ia Public Health issue. The ban is in effect and the world has not come to an end! Let it be. Graham Keats
6/1/2009
says....
Nebraska just passed a state ban, and you want to backtrack?
6/1/2009
primitivepete says....
My family and I enjoy not having to wait for a "non-smoking" seat to become available as well as not having to "wade thorugh" smoke at the entrance to restaurants. We actually quit dining at one of our favorite restaurants because they would close the non-smoking section and make the smoking section non-smoking before 9pm. It makes the food taste nasty having to eat in that smell. Please respect our preference for clean air to breathe.
6/1/2009
not the 5 of Salina should decide! says....
once again.. 5 should not decide. The people of Salina SHOULD DECIDE!
6/1/2009
Bob says....
Here in Chicago, the ban is ignored in many small neighborhood bars. No one is complaining.
6/1/2009
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