Our apologies for the tiny type on the back page of today’s Gazette, but the ordinance being proposed by Clean Air Emporia is long and complex. We thought Emporians should have a chance to study it in detail while the city commission is still pondering the proposal.
In its specificity, the proposed ordinance seeks to answer all of the questions and issues that have come up in communities that have adopted such ordinances. It makes for a bulky document. The proposal, at 4,861 words, is more than half as long as the Constitution of the United States — from which all of our law flows — and almost four times as long as the Declaration of Independence.
We have no intention or desire to make fun of Clean Air Emporia. That organization is composed of good people who want only to make their community a healthier and safer place for all of its residents. We merely observe that the longer an ordinance is, the more closely it should be studied for pitfalls, loopholes and unintended consequences.
The city commissioners need to look closely at this proposal and take time to study it and seek any advice they think they need. As the Kansas Legislature has learned in recent years, a quick vote on a complex measure can lead to the courts and back to the Statehouse for rethinking and repairs. Clean Air Emporia has put a lot of work into this proposal. The city commission should do the same.
If Emporia is to have a no-smoking ordinance — and it probably is — that ordinance needs to be as clear and concise as possible and to be easily enforceable.
Is this that ordinance? Perhaps.
Study it closely and see what you think.
Steve_Corbin (anonymous) says...
Patrick, I think the counter-proposal submitted by the business owners is a lot shorter and more to the point, while not infringing on any one persons rights. the city commision should consider it instead of the one presented by the Clean Air group.
September 11, 2008 at 5:39 p.m. ( permalink | suggest removal )
create (anonymous) says...
There is no lengthy fine print in the counter proposal, nor does it impinge on the rights of private business people to decide what is best for their own establishments.
September 11, 2008 at 6:31 p.m. ( permalink | suggest removal )