Smoking ban hearing ignites passions on both sides of issue

By JIM BROOKS
Nelson County Gazette

Wednesday, Feb. 3, 7 p.m. -- A vocal and passionate crowd of about 75 people attended a public hearing Tuesday night to speak out on a proposed smoking ban being considered by the Bardstown City Council.

The 2 1/2-hour hearing was in response to a request by Smoke-Free Nelson County for an ordinance that would ban smoking in public places in the city of Bardstown. The group tried without success in 2008 to convince Nelson Fiscal Court to enact a similar countywide smoking ban.

Mayor Dick Heaton told the crowd the purpose of the hearing was to gather facts and input from the community on a possible smoking ban for the city. Those who wished to speak were asked to sign up at the beginning of the meeting.

Pat Whelan, spokesman for Smoke-Free Nelson County, asked those at the hearing to consider the facts about the effects of smoking.

"As I look at this issue, I realize that cigarettes, tobacco and smoking are so ingrained in our culture its hard to look at the proposed ordinance objectively," he said. The group offered figures that showed other cities that have approved smoking bans have not suffered any negative effects.

Snapshots from the Feb. 2 smoking ban public hearing (Please click images to enlarge)
Councilman John Royalty	Crystal Brady of B.J.'s Bar & Grill
Jim Hedrick, MD	Mayor Dick Heaton
Linda Sims, RN	Magistrate Tim Hutchins
Councilmen Royalty and Bobby Simpson	Radcliff Councilman Stan Holmes
Councilman Francis Lydian	Melissa Filiatreau
PLG's Tom Isaac	Councilmen Tommy Reed and Roland Williams

Whelan admitted the ban is an inconvenience to those who smoke. " I think saving lives is worth an inconvenience," he said. "It's not about tobacco or smoking, it's about asking some people to go out of their way to safeguard the health of other people in the city. Its a health issue."

Former councilman Fred Hagan said he was in favor of the ban and asked the council not to be influenced by the great number of emails and phone calls they might receive from the ban's opponents. "(All that) gives you an idea what people think, but it doesn't speak for the majority," he said. "Your responsibility is to do what is in the best interest of the citizens of Bardstown."

County resident Tom Blincoe identified himself as a non-smoker who was against the proposed smoking ban. "It's a legal substance that pays taxes," he said. "It's dangerous and bad for your health, everybody knows that."

Blincoe warned a smoking ban creates a slippery slope that could lead to greater restrictions on people's activities.

"You're opening up Pandora's box if you do this,' he said. "You're on a slippery slope and you have to ask where you're going to stop. It's a never-ending cycle when you try to regulate people's health."

Melissa Filiatreau, the Kentucky Standards' volunteer of the year, is a non-smoker who told the council that the decision to go into a business where others are smoking is a decision best left to the individual.

Crystal Brady, representing B.J.'s Bar & Grill, explained to the council the great lengths -- and expense -- the restaurant had gone to in order to better serve customers who don't wish to be around those who smoke.

When the business moved, the remodeling included creating separate heating and air-conditioning systems; one for the bar and smoking area, and one for the non-smoking area. "These are two separate restaurants that share a single kitchen," she said.

Brady asked Royalty if a proposed ordinance would allow exemptions for existing restaurants. Royalty said he personally opposed allowing any exemptions.

Stan Holmes, a city councilman from Radcliff, spoke about his city's experience with its own smoking ban. "For me, its about health, its not about rights."

The council had a chance to protect citizens and visitors of the city with a smoking ban with no exemptions. "We did it for the better of the city," he said. "Safety and health was our issue."

College student Meredith Saunders, 19, said that she felt fortunate to work in a smoke-free Cracker Barrel restaurant. College-age students trying to work through school may not have a choice to but to work in restaurant that allows smoking. Patrons have the choice to go to a smoking restaurant, but employees don't always have the luxury of finding a job in a smoke-free workplace.

Magistrates Maynard Wimsett, Sam Hutchins, Jerry Hahn and Tim Hutchins attended the hearing, though only Tim Hutchins and Wimsett took the opportunity to speak.

Tim Hutchins, who is also an announced candidate for judge executive, said he was not in favor of a smoking ban. Invoking the danger of the "slippery slope" analogy, Hutchins said he's seen that happen in his 16 years on Nelson Fiscal Court. "I know how regulations start, and they just don't stop," he said. "Anyone in business knows how regulations grows."

Hutchins suggested that instead of trying to regulate a legal activity, the public and government's focus should be focused more on illicit drug use and trafficking. According to statistics from the Kentucky Institute of Health, Nelson County's drug arrest rate is more than twice the national average.

A group of health professionals spoke in favor of the smoking ban.

Linda Sims, the director of the Lincoln Trail District Health Department, told the council that the time is right for a smoking ban. "It's 2010 now, we need to protect our public health," she said. "It's about making a courageous decision to do the right thing."

Drs. Dan Finn, Mark Abram, Matt Stiles and Jim Hedrick spoke on the impact that smoking -- and second-hand smoke -- has had on the patients they see in their offices.

"I stand to lose the most if a smoking ordinance is approved," Hedrick told the council. "We make a lot of money in my office from smoking."

Hedrick agreed with some who said that the ordnance would not protect children who lived in the home of a smoker or rode in the car of someone who smoked. Children who aren't exposed to secondhand smoke at home are still exposed when they visit a business that allows smoking. He supported the ordinance because "this is an opportunity to protect our children."

Hedrick's wife, Jan Lantz, superintendent of Nelson County Schools, told the council that the community has a responsibility to take action in order to protect those who can't protect themselves.

Bardstown businessman Roger Carey said he was concerned with the impact a ban may have on the local business environment. He pointed out the growing number of empty storefronts already in the downtown Bardstown area. He has someone who wants to rent business space from him for a cigar and tobacco shop, but doesn't know if his prospective tenant could legally operate a business in town if the ban is approved.

"It's easy to go after smokers," he said, noting that smokers also have rights. "We need to find a way to meet in the middle."

David Brindle of Bardstown explained that retail stores, businesses and restaurants are not really public places. "

No one has the right to go into a Wal Mart or any other retail business," he said, explaining that customers do have the implied consent of the business owner that they may enter the business. The implied consent can be revoked if the customer violates standards for behavior while in that business, he said. He opposed a smoking ban because it would strip the property or business owner of his rights.

Cancer survivor Allen Brown Sr., opposed a smoking ban and suggested that greater efforts at educating about smoking would be better than imposing a law on what is still a legal activity. He noted that 75 percent of local businesses are already smokefree. "Voluntary is working, leave it be," he said. ""Don't trample other's property rights."

WHAT'S THE NEXT STEP The city council will meet Tuesday, Feb. 9th and consider a vote to proceed with the drafting of a smoking ban ordinance.

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