Critics of smoking ban outnumber supporters at public hearing
City Council hears arguments on both sides of the issue:
Critics of the April smoking ban outnumbered supporters 3 to 1 on Monday night as speakers tried to sway the City Council to repeal the controversial ordinance or, alternatively, send it back to voters.
The broad ban on indoor smoking was approved by Springfield voters 53 percent to 47 percent after a successful petition drive. A new initiative petition circulated by opponents now seeks to repeal the ban and return to earlier, less restrictive smoking regulations.
Those in favor of repealing the ban said it has hurt local businesses and charitable fundraising and that it violates property owners rights. Opponents defended the ban, saying it has been a boon to their health or benefited their bottom line.
The council will decide in two weeks whether to approve the repeal or send the issue back to voters.
Those favoring the April ban said voters should decide. More speakers Monday lobbied the council to instead approve the repeal as a means of amending the April ban which prohibits smoking in almost any indoor space where employees or customers have access to include exemptions for businesses such as tobacco shops or for charitable organizations.
Big cities with smoking bans have exemptions, said Chris Slater, owner of downtown tobacco shop The Albatross.
He urged the council to fine-tune the bill, which he said was not understood by many voters.
Whether City Council can approve the repeal with less than a unanimous vote was a focus of much of the debate.
Springfields City Charter prohibits the council from changing a voter-approved bill except by unanimous vote.
Supporters of the smoking ban presented a legal opinion from a partner in the Kansas City office of law firm Husch Blackwell arguing that the provision applies.
Any City Council involvement at all must be unanimous, said local attorney Joe Easter, representing smoking ban supporters. Otherwise, he said, the council must let the voters defend their original intent by sending it back to the ballot.
But City Attorney Dan Wichmer said the charter only restricts changes initiated by the council, not citizen petitions like the repeal effort.
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Youre in the initiative process now, he said, arguing council members may either send the repeal to voters or approve it with a simple majority vote.
If the council approves the repeal it could be amended again even changed entirely by other majority votes.
Slater and other speakers suggested that process could be used to fine-tune the April ban.
We would maintain control, noted Mayor Jim ONeal, a staunch supporter of the ban who also has suggested limited exemptions.
Varying views
Comments Monday ranged from philosophical arguments to personal experiences.
Dave Meyers, spokesman for the group that circulated the repeal petition, argued that private property is everyones right, as opposed to the desire to breathe smoke-free air.
Representatives of local American Legion, Elks Lodge and Sertoma organizations said the ban has had a significant negative impact on the amount of money they raise from bingo and other activities that is used to fund charitable efforts.
Will Scruggs said he sold $375,000 worth of electronic cigarettes and supplies at his store in Battlefield Mall in 2011. He said his first quarter sales in 2012 were down 50 percent compared to the same period in 2011, before the ban which treats e-cigarettes like any tobacco product took effect.
Youve effectively eliminated an option for people to quit smoking with the totalitarian language in this law, he said, urging the council to repeal and revise the ordinance to include intelligent exemptions.
But two-time lung cancer survivor Linda Crowder said the smoking ban has allowed her to more comfortably visit businesses in Springfield. Bartender Melissa Lewis said shes been ill less frequently since the smoking ban passed and has seen an increase in business and tips.
Springfield resident Stuart Sisk argued that wouldnt have to change if the smoking ban is repealed.
This has been a great experiment, he said. There may be bars that dont want to go back.
:angryteet.
