4/28/2009
By DAVID CLOUSTON, Salina Journal

Commissioners forgo opportunity to repeal ban that takes effect Saturday

Salina city commissioners Monday discussed, but let pass, the opportunity to repeal or delay a comprehensive citywide ban on smoking in public places scheduled to take effect Saturday.

They took no action after commissioner Aaron Peck chastised the leading advocate for repeal for insinuating that voters would be too stupid to figure out their ballots if opponents petitioned for a public vote.

"Let's face it, some voters are more or less likely to be confused, and or less sophisticated than others at the ballot," Gary Swartzendruber, of Salina, told commissioners.

"I am asking for one of you to initiate the motion to repeal the ban. And I'm asking that at least three of you vote for a repeal," he said.

If the ordinance were repealed, Swartzendruber argued, supporters of the ban would have to petition to keep the ordinance in force, "creating a clear choice for the voters -- yes ban, or no ban. That's all I'm asking."

A group of Salinans against the stricter smoking ban already have collected signatures on a petition calling for a public vote on its repeal.

Anti-smoking advocates favor the ordinance set to take effect at the end of this week. It bans smoking in nearly all public places, including bars, bingo parlors, bowling alleys, hotels, motels and restaurants. It would replace the current ordinance, which bans smoking in restaurants except between 9 p.m. and 5 a.m.

One man's opinion?

Peck said Swartzendruber's argument that the new ordinance represented too much government intrusion and restriction on small businesses was not justification but an opinion. And Peck had stronger words for Swartzendruber's comment about "less sophisticated" voters.

"It assumes those against the ordinance or those who happen to have an addiction to nicotine are somehow, in your own words, 'less sophisticated,' or as I read it, less intelligent than the rest of the community," Peck said.

"That assumption is where the rest of your case is made. And I simply don't buy it," Peck said. "I don't think we need to generalize that a particular segment of the community is somehow less sophisticated or not smart enough to figure out how the ballot reads."

Swartzendruber was the leading opponent of the current restaurant smoking ordinance, passed by city commissioners seven years ago.

The opponents, who successfully petitioned for a public vote, also challenged at that time that the wording would be confusing for some voters.

Voters at that time were asked to vote "yes" to repeal the ordinance or "no" to retain the ordinance. The vote was 6,157 "yes" to 8,849 "no" -- meaning the vote to repeal failed 41 percent to 59 percent and the ordinance remained in effect.

If opponents of the new ordinance submit their petitions calling for a vote, wording of the ballot would be similar.

Wording not confusing

A member of the public who spoke at Monday's city commission meeting, Morea Charvat, 2606 Plantation, said she didn't think there was much confusion about the ballot question seven years ago.

"There was a lot of public education prior to that. And I think people understood what they were voting on," she said. "I am for protecting the health of our whole community."

Commissioners let pass a suggestion from commissioner Tom Arpke, who wasn't present but was participating by conference call, to delay implementation of the ordinance until the next general election, when it could be voted upon.

City Manager Jason Gage said it was possible to delay the ordinance that long, but in the meantime, the chances were good that either those for or against the ordinance would submit the necessary petitions to call for a special election.

"This may very well move on its own, regardless of what you, as a commission, choose to do at this time," Gage said.

n Reporter David Clouston can be reached at 822-1403 or by e-mail at dclouston@salina.com.

---

Discuss This Story:

---