Monday's Internet Edition, October 13, 2008.
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| Catherine Bowden draws blood from Stella Shutack during a blood drive sponsored by the American Red Cross on Monday. The blood drive was held at the Copperas Cove High School Cafeteria to benefit local hospitals. The next blood drive is set for Aug. 23 from 3 p.m. until 8 p.m. – Photo by ADRIENNE DALE |
News editor - By ADRIENNE DALE
News editor
Covites are one step closer to getting a chance to have their voices heard this week.
With early voting continuing this week at city hall for the run-off election between R. Ray Gatewood and Charlie Youngs, voters can go across the street to Lil’Tex Restaurant to sign a petition asking council to stop the non-smoking ordinance from going into effect.
City Council passed the non-smoking ordinance 5-2 on May 18 and it is set to go into effect on July 1.
It is Diane Steele who is hoping to stop the ordinance from going into effect or at least let the voters decide on if they want the ordinance.
Steele, along with four other committee members, has filed a formal petition with the City of Copperas Cove to stop the ordinance from going into effect and allow voters of Cove to decide if they want a non-smoking ordinance.
In a statement by Mayor Bradi Diaz before the ordinance passed, she told council members and citizens that she had hoped that council could have compromised on how the wording would be in the smoking ordinance.
“I want to say that I am not opposed to a smoking ordinance, but opposed to a non-smoking ordinance,” Diaz said, “I had asked the committee to consider a way to amend the ordinance that would allow each business, mostly the restaurants, to provide separate areas with proper ventilation systems or even enclosed areas for patrons to smoke. That, however, did not happen.”
Diaz went on to say that she saw no reason why there had to be a choice between one group or the other. Diaz also said that she had hoped for a way to compromise with the ordinance.
Steele said that she was upset with the councils’ decision to pass the ordinance even after a plea from the mayor to compromise on the issue.
“When even non-smokers say they don’t have a problem with Lil’ Tex restaurant, that should have clued in the council that compromise would have been a good route to take,” Steele said. “There were so many things that could have been done instead of having it all their way or no way at all.”
In order to have a valid petition, Steele had to form a committee of five registered voters. They then had to file with the city secretary of their intentions to file a petition. The petition then had to be approved by the city secretary.
“They would have to submit a request and have it approved before going out and obtaining signatures,” City Secretary Pamela Russell said.
According to the Copperas Cove Charter, there are two ways to file a petition. There is the power of Initiative or the power of referendum.
Power of initiative allows for voters of Copperas Cove to propose, repeal or reject any ordinance at the polls.
An initiative to the ordinance may be submitted to council by a petition signed by qualified voters of the city equal in number to at least 25 percent of the number of those voting at the last regular municipal election of the city or 300 qualified voters, whichever is greater.
A petition for recall requires 33 percent of the number voting at the last regular municipal election or 500 voters, whichever is greater.
Power of referendum gives voters the power to approve or reject any ordinance enacted by the city council at the polls.
This power is subject to the initiative process under the charter, except for bonds that have been legally awarded to successful a bidder or other legal obligations. The petition for referendum shall require the same number and qualification of signers as required for an initiative petition.
Since city elections were just held, the amount of voters will be the base point for the 25 percent of registered voters needed for the petition.
“The petition will have to have 300 signatures, since that number is greater because of the low turnout from the last election.” Russell said.
Before the ordinance had been passed, council had been presented with an invalid petition containing 1,100 signatures from people in the area not wanting the ordinance, 311 of them were registered voters.
“We will get those signatures and council will have to hear the public,” Steele said.
Of those signatures, 791 resided in Coryell County, and 232 did not. Only 33 signatures were placed more than once.
Now that the petition has been filed, the committee has 45 days to collect the needed signatures.
Then, the city secretary will have 10 days to determine if the petition is signed by a sufficient number of qualified voters. If there are enough voters who sign the petition, the city secretary will present the petition to councilmembers during the next regular city council meeting.
If the petition is considered insufficient, then the city secretary will let the committee know what is lacking, allowing them ten more days to amend the wrong things.
Under the ordinance, a person will commit an offense if they smoke in a public place; in an enclosed area in a building or facility owned, leased or operated by the City; in an enclosed area of a workplace; or at a public entrance or open window of an enclosed area in which smoking is prohibited.
The owner or operator of a public place also commits an offense if the person fails to take necessary steps to prevent or stop another person from smoking in an enclosed area in the public place.
After the ordinance passed, there was some confusion as to what would be exempt from the ordinance. Since private clubs were exempt, many thought that those restaurants that used the uni-card system would also be included since they were considered a private club.
City Attorney Jim Thompson explained that exclusions in the ordinance only pertain to private clubs like clubs for disabled vets, Masonic lodges, and other clubs where it is restricted on who can enter or participate.
“Clubs like Applebee’s are not exempt from the smoking ordinance,” Thompson said, “You have tax exempt under the stated exclusions in the smoking ordinance to qualify. Otherwise, its not the same deal.”
Exceptions that are still provided under the proposed ordinance includes dwelling units that are defined in section 20.7 of the Code of Ordinances that are used for residential use, or a hotel or motel room that has been designated as a smoking room and rented to a person, provided that the hotel or motel complies with section 8.23 (designation of smoking rooms by hotel and motel restricted).
Also included in the exceptions are retail tobacco stores, outdoor areas of a workplace, private or semi-private rooms in a nursing home or long-term care facility that is occupied by individuals who smoke and have requested in writing to be placed in a room where smoking is permitted, or a bingo facility operated under the Bingo Enabling Act if an enclosed non-smoking area is proved and the smoking area is mechanically ventilated to prevent smoke from entering a non-smoking area.
In a highly debated public hearing held during a regular city council meeting May 4, Charles Hix, owner of Lil’ Tex Restaurant, told the council he lost business due to the war in Iraq and was afraid that if the non-smoking ordinance went into effect, then he would lose an additional 20 percent of incoming revenues compared to years past.
“I am already trying to deal with the loss of business,” Hix said. “If it (smoking ordinance) passes, then I will have to operate on 60 percent of last year’s income. That means eight to 12 employees will lose their jobs.”
During the two public hearings that council had to discuss the ordinance, many citizens asked council to allow the decision be left to voters to decide if it should pass.
“I just want to give voters the chance to voice their opinion on if they want a non-smoking ordinance or not,” Steele said. “I will sit across the street at Lil’Tex and let people come in and sign the petition.”
“We will do what we can to make sure that voices are heard.”
Because of the rules of the charter, a committee member must physically witness each signature. This means that the petition cannot be placed at businesses like the first petition was.
Steel said that if it does come down to it, she will go door to door despite recent health problems.
“We have to do whatever it takes to get this done,” Steele said. “There is a certain councilman who says he was elected to be a brothers keeper, but he is not my keeper and many citizens feel the same way.”
“We will get those signatures.”