A group of Emporians who favor leaving smoking policies to the discretion of business owners handed out an alternative proposal for a city ordinance during Wednesday’s study session of the city commission.
The proposal is an alternative to a city-wide smoking ban in any building to which the public has access.
Some owners of taverns, bars, and restaurants have said they want to be able to decide whether or not smoking can be done on their premises.
The proposal was presented by representatives of the group, Sandy Bastin, manager of Bruff’s Bar and Grill; Gary Burgess, owner of Bruff’s; Linda Corbin, owner of Town Royal; and Matt Slater, owner of Josie’s.
“This was just more informal, just a piece of information for them at this point,” Bastin said of the proposal.
The group, which Bastin said is gaining support, will discuss further action at a meeting today.
Copies of the proposal were furnished to the five city commissioners, City Attorney Blaiser Plummer, City Manager Matt Zimmerman and Assistant City Manager Mark McAnarney.
The proposal reads:
“Any establishment that allows smoking on premises, shall post a sign on the entrances notifying potential customers that smoking is allowed. Such sign shall be in letters of at least 1” (one inch) in height and posted in a prominent location at each public entry.
“Each establishment, that allows smoking on premises, shall notify all employees and potential employees that smoking is allowed and have employees sign a statement that acknowledges that they have been so informed.
“Failure to abide by this code, shall, upon conviction for a first offense, be fined a sum not exceeding one hundred dollars ($100.00) and for second and subsequent offenses shall be fined a sum not exceeding five hundred dollars ($500.00).
Bjnemp (anonymous) says...
Maybe I'm just one of those rare people with above average intelligence, a heap of good old-fashioned common sense, and a strong belief in individual rights and freedoms, but this proposal appears far more fair and workable than the restrictive, self-serving, misrepresented ban sought by Ms. Walter's, Ms. Sauders, and their band of social redeemers out to save Emporians from themselves.
September 11, 2008 at 2:04 p.m. ( permalink | suggest removal )
madpoet (anonymous) says...
I agree with Bjnemp. The ordinance was way too restrictive. The proposal the business owners have sounds reasonable and fair to all involved. I like the idea of knowing before I walk into a business if it's smoking or not.
September 11, 2008 at 2:10 p.m. ( permalink | suggest removal )
slvrnblck (anonymous) says...
I may not be in the majority of the pro ban people but I do think that this whole thing should come down to a public vote and it be the only topic on that particular line item. I support the ban but let the people decide.
September 11, 2008 at 4:16 p.m. ( permalink | suggest removal )
create (anonymous) says...
Well said, Bjnemp. The counter-proposal is definitely rational and fair, where the ban is demanding.
September 11, 2008 at 4:41 p.m. ( permalink | suggest removal )
offc_grl76 (anonymous) says...
As a mother of a young child I like the ban to eliminate smoking in public places, I have visited towns where there is a smoking ban and it is nice to be able to go out in public have a nice family outing whether it be dinner or bowling or a movie and not come out smelling like a cigarette. Not to mention know that my daughter's asthma won't act up due to her inhaling second hand smoke.
September 11, 2008 at 5:12 p.m. ( permalink | suggest removal )
hottopics (anonymous) says...
I'd put up a sign, thats no big deal. At least owners have their own choice of whether or not to ban smoking, the way it should be.
September 11, 2008 at 8:54 p.m. ( permalink | suggest removal )
Church_of_doG (anonymous) says...
I'd rather see a tethering law for dogs. Lots of that visible everywhere, out in plain sight. It's always nice compliment to the city when driving by a group of people gawking & celebrating pitbulls mating in the front yard.
September 11, 2008 at 9 p.m. ( permalink | suggest removal )
joetraveler (anonymous) says...
This is in response to off_grl76. Why would you take your young asmatic daughter to a place that allows smoking? You have that choice, you know. Just like the business owners. The "Clean Air" group keeps talking about banning smoking in public places, but their real objective seems to ban smoking in the private sector. But here's what I've observed as the pin-ultimate of hypocrisy: I've seen the "Clean Air" group, a subsidiary of EDA, preach to Emporians about the dangers of drug use, while they sip on coffee and allow their kids to drink soda. Caffeine is a powerfull drug that not only changes the way you feel and act, but is also very addictive. And it too has health risks, just do some research.
September 11, 2008 at 9:50 p.m. ( permalink | suggest removal )
offc_grl76 (anonymous) says...
My response to that is this. I cant take her out to dinner as a family cause there is not one nice family restaurant in this town that is completely smoke free. I want to take her bowling but I cant cause smoking is allowed and even if I did take her on a day where smoking is not allowed it has been allowed before and the smell still lingers there
September 11, 2008 at 10 p.m. ( permalink | suggest removal )
hellfirebluefish (anonymous) says...
I am from a town in Colorado where they did implement such a ban. As far as the bar owners losing business, that did not happen. They simply made an outdoor area for smokers to go. The restaurants are now free of smoke. At first the smokers did not like the idea, but after awhile they had no problem with going outside to light up. I am a smoker myself, and I AGREE with the ban. I don't think a non-smoker should have to breathe the smoke, without choice. I would have no problem waiting until dinner was over, or simply going outside to light up.
September 11, 2008 at 10:15 p.m. ( permalink | suggest removal )
joetraveler (anonymous) says...
hellfirebluefish, I am a non-smoker. I agree that you or I should not have to be breathe second-hand smoke. Nobody should be forced to do so. That is called a "CHOICE". If you don't want to breathe it, then don't go in. I have friends who don't drink...and guess what...they don't go to bars.
September 11, 2008 at 10:35 p.m. ( permalink | suggest removal )
Midwestern_girl (anonymous) says...
Honestly, this is not that big of a deal. I am in favor of it. I really don't see how putting up a sign in an establishment that allows smoking is really going to change things. If they wanted it to be non-smoking, they would've created it to be that way by now. I say all or none. The entire city should abide by this "clean air act" or stay the same (which it will if they are going to be this lenient with the restrictions).
September 11, 2008 at 11:30 p.m. ( permalink | suggest removal )
ratdog (anonymous) says...
I like this proposal!
I walk up to my favorite restaurant and read the sign. I make the PERSONAL CHOICE to open the door and go inside, even though I might be exposed to secondhand smoke. I ask the hostess, “How long’s the wait?”
She says, “About 45 minutes.”
So I make the PERSONAL CHOICE to get back in my car and go to another restaurant where the wait is much shorter. As I walk up to the door I see the sign that says, “No Smoking”. I enter and ask the hostess, “How long’s the wait?”
She says, “About 5 minutes.”
I’m really hungry, so I make the PERSONAL CHOICE to stay.
You see. We make PERSONAL CHOICES all the time, every day. There’s never any reason to enact a law to help us make these choices. We’re Americans. And most importantly, we’re Emporians! Emporians are a product of Midwestern values, a frontier spirit and a strong sense of stubborn self-reliance. We inherently know that we have the capacity to make PERSONAL CHOICES without any guidance.
I honestly believe that this most recent initiative is being led by people that sincerely have the best interest of Emporia at heart. But, it’s obvious that they are misguided. I challenge any of them to name a specific situation that they have been exposed to in the last year where any significant threat of second hand smoke has been present and they couldn’t make the PERSONAL CHOICE to avoid the situation.
I think we all should encourage the proponents of the smoking ban to shift their focus to more pressing issues. Issues that don’t encroach on PERSONAL CHOICE and assume that Emporians are not perfectly capable of thinking for themselves.
September 12, 2008 at 1:02 a.m. ( permalink | suggest removal )
Steve_Corbin (anonymous) says...
Please go to the City of Emporia web site, get the managers and commissioners e-mail adresses and tell them how you feel. I guarantee you that the clean air folks are.
Let them know we are adults and WE can make our own decisions
September 12, 2008 at 7:29 a.m. ( permalink | suggest removal )
Steve_Corbin (anonymous) says...
offc_grl76:
You stated that you can't take your daughter out to a resturant because there are no nice family ones that are smoke free, come on girl, where Do you live? Go to the EDA webb site. There are about 30 non-smoking resturants listed and I am Sure they are all places your kid would love. If on the other hand you want to go out for an adult meal with drinks and such you should hire a baby-sitter and go for it.
September 12, 2008 at 7:38 a.m. ( permalink | suggest removal )
bdk (anonymous) says...
Businesses & individuals should be allowed to continue to make their own choices. This alternative is much less intrusive & markedly superior to me.
September 12, 2008 at 11:52 a.m. ( permalink | suggest removal )
Steve_Corbin (anonymous) says...
The thing for everyone to remember is this ban does not just apply to bars and resturants, it is EVERY BUILDING IN EMPORIA! Public & PRIVATE. What will happen to the FLYING J truck stop when those drivers go on down the road to BETO JUNCTION where thy can smoke? Figure out the lost tax revenue there.
September 13, 2008 at 10:42 a.m. ( permalink | suggest removal )
neighbor (anonymous) says...
I hope ALL business owners of Emporia saw and read the proposed ordinance that was printed on the last page of Thursday's paper. Not only does this ordinance call for the City to make decisions how you will operate your business, it calls for you to spend money on signage and develop policies and procedures to implement and comply with it.
September 13, 2008 at 10:44 a.m. ( permalink | suggest removal )
Bjnemp (anonymous) says...
This "clean air" smoking ban, as proposed by the Country Club Commandos, is absurd to the point of being unbelievable! They are actually suggesting---no, demanding---that citizens, and visitors to our community, be treated as criminals and subject to fines and arrest for engaging in a legal activity! What's more, they propose to have the business owners spend their valuable time and profits enforcing the ridiculous law! If they don't, they risk losing their business! Does this smack more of Socialism, Fascism, or just plain lunacy? This system would be equal to a business owner being closed down because he was robbed too often or had too many gasoline drive-offs.
This attempt to force will upon the masses by a few unhappy social crusaders needing fulfillment in their lives has little to do with "clean air". It has much more to do with inflating egos, seeking recognition, displaying power, and earning kudos at the weekly Country Club women's tea and crumpet brunch.
I am ashamed and appalled that anyone in our normally sane and savvy community, especially our city commissioners, would consider, let alone condone, such a blatant attempt to control and corrupt our individual freedoms. No ban. No vote. Just let our responsible business owners make their own choices just as we all do; or have done until now.
Isn't America the land of the free? And isn't freedom all about choice? If we allow this small band of self-perceived social reformers bully this ban into affect then we will be giving them power & control over our very lives. Is that what you want? If not, call or write our commissioners and express your opposition. Silence is the defense mechanism of the meek and weak. Bullies rely on silence to do their dirty work.
September 13, 2008 at noon ( permalink | suggest removal )
wyse_guy (anonymous) says...
Maybe while all these people are setting around in their favorite place having a drink thinking of all these new bans they want.They should make a new ordinance anybody who drinks in any establishment has to take a breathalizer test before you can leave,if you dont pass you dont drive.
September 13, 2008 at 1:22 p.m. ( permalink | suggest removal )
josiesbar (anonymous) says...
I started a facebook event for the smoking ban townhall meeting on Sept. 29th.
http://www.new.facebook.com/home.php#/ev...
If you are against this smoking ban, and use facebook, pass this on to all your friends and invite them too. In order to combat Saubere Luft Emporia, which has all the grant money, we must have the numbers, and we must force this thing to a vote.
September 13, 2008 at 9:10 p.m. ( permalink | suggest removal )
jayhawker (anonymous) says...
Bjnemp, et. al: You have made excellent points, all well reasoned and persuasive to reasonable people. Of course, the proponents of this ban have become so wrapped up in it that they are no longer reasonable. My question now is how to best defeat this outrageous proposal? What strategy can we use? I suppose that for now, the target audience consists of only 5 people (the City Commissioners) since they have the authority to either adopt it, reject it or submit it to a public vote. I strongly recommend that we all contact our commissioners and make this case. If the commission chooses to put it to a vote, you can bet that the "Clean Air Committee" will be well organized, with money, fully prepared to present a campaign. We are unorganized with no money and not even close to being able to present a campaign. Posting on these blogs is helpful, but reaches only a tiny fraction of the community. Let's hope that by individually contacting the commissioners that we find that they are reasonable people who will put an end to this Big Brother idea; however, if they don't and submit it to a vote, somebody is going to have to take charge of getting our point of view in front of the voters. It is an unfortunate fact that if the "Clean Air Committee" is all that the voters hear from, this will pass. Even though reason is clearly on our side, it will still require a lot of work and money to defeat this insidious, elitist, politically correct proposal. I'm way too old and used up, so it will have to be someone other than me. Is there an ambitious and smart young person out there? Whomever it is, the rest of us need to support him or her with our money and our time. If we don't, Big Brother will be here to stay.
September 14, 2008 at 1:10 p.m. ( permalink | suggest removal )