Monday's Internet Edition, October 06, 2008.
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| Shirley McCaffrey, owner of UpdownLuncheon speaks to councilmembers on her positionagainst the proposed non smoking ordinance during a public hearing on Tuesday. – Photo by ADRIENNE DALE |
News editor -
Personal rights became the hot topic during the first public hearing held on Tuesday to discuss the proposed smoking ordinance.
The ordinance is tentatively set to go to vote before the council on May 18 during regular council meeting.
Residents were allowed to speak five minutes sections on whether they were for or against the ordinance.
Before the hearing started, City Attorney James Thompson went over the ordinance.
In it, a person would 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; if they smoke in an enclosed area of a workplace; or if they smoke 1 feet from an entrance or oper--able window of an enclosed area.
The only places that have exceptions include: residential homes, tobacco stores, private or semi-private nursing home or designated long-term facility designated smoking rooms, an outdoor area of a workplace, a facility operated by a fraternal organization for a charitable or educational function if the premises is controlled by the organization, or hotel or motel rooms designated as smoking rooms.
Also included in the exception list is bingo facility operated under the Bingo Enabling Act. Smoking will only be allowed if the area is enclosed in a non-smoking area and that is mechanically ventilated to prevent smoke from entering the non-smoking area.
Speaking for the ordinance, Danielle Taylor stated that it was a good idea for a person with asthma.
“Rights only go so far until it infringes on my right to breath while I’m there,” Taylor said, “Its about being considerate to others.”
Thomas Nickson stated that in his opinion that 79 percent of the nation does not smoke.
“If 79 percent don’t smoke, then why should the other 21 percent should not be able to inflict upon us non-smokers.” Nickson said.
Jack Widup opened his auction business about 2 years ago. When it first opened, he decided to make it a non-smoking business.
“People told me that I would not be successful because the major buyers were smokers,” Widup said, “Well we have been very successful. It is a health issue, not about rights. Our smokers know to go outside and smoke, when they see a piece that they want to bid on, then they come in.”
Charles Duren noted that cities like Arlington, Austin, El Paso, and Lubbock have moved to non-smoking ordinances.
Throughout the portion where people spoke for the ordinance, most noted that Lil-Tex Restaurant ha d a really good ventilation system and that there, they were not bothered by smokers.
While a total of five citizens spoke up for the ordinance, 10 came to speak against the ordinance.
“It’s about the right to freedom of expression,” Kenneth Porter said, “By eliminating smoking, you are taking away my rights.”
Shawn Camp noted that while he doesn’t smoke in his office, he does smoke in the back area of his office.
“If you’re going to really look at this, then just be brave and be brazen and outlaw tobacco products altogether.” Camp said, “If you don’t do that, then you are hypocritical, because you are willing to accept the sales tax from tobacco sales, but then you want to tell us where we can and can’t smoke.”
Camp also noted that it would not be right to make exceptions for some businesses and not others. He proposed that council leave it up to the businesses to choose on what they want.
“When you quote those cities that have the non-smoking bans and say how the businesses are doing good, well where are the reports that tell us which ones went out of business or which ones had to raise their prices to make up for lost customers.”
Shirley McCaffrey of Uptown Luncheon spoke to councilmembers stating that she is a smoker and a business owner that caters to a diner that consists of about 90 percent smokers.
“It is my business, my bills, my money,” McCaffrey said, “it’s not right to tell me how to run my business, and to take my rights away.”
McCaffrey also noted that her grandmother, who smoked a cigar everyday, lived to be 102.
“My husband is fighting for his rights, for our rights,” McCaffrey said, “by passing this, City Council is attacking those rights. Last I checked this was not a communist country.”
McCaffrey also stated that even her employees were smokers, and were not able to attend the hearing because they had elected her and had to work.
“If you want to attack people, then go for obesity, attack McDonalds,” McCaffrey said, “No one tells them that they can’t order 12 burgers. It’s their choice. I know smoking is unhealthy, but I have the right to choose to smoke.”
City Council first heard the first drafts of the ordinance during an April 6 workshop. The presentation was delivered by Councilman Fred Harris. Harris stated that this was a health issue not a rights issue.
If passed, council has thought of not enforcing the ordinance right away, but instead allow time for businesses to comply.