As of this afternoon, the ordinance banning smoking in public places in Emporia is in effect.
After nine months and volumes of commentary from both sides of the issue, the ordinance was voted in today by a margin of six votes.
Lyon County clerk Tammy Vopat announced the results of the vote canvass this afternoon at the Lyon County Courthouse. After Tuesday’s election, the results gave ban supporters an 11-vote margin, with 2,336 votes in favor of a ban and 2,325 votes against. After provisional ballots were counted, the final results were 2,369 in favor and 2,363 against.
An earlier Gazette article put the start of the ban at midnight tonight, but city attorney Blaise Plummer said that technically, the ban is in effect as of right now.
“Actually, it’s in effect as soon as (Vopat) certifies the election after the board of canvassers,” Plummer said this afternoon. “ ... There was a little bit of confusion when we were asked about that. ... We’re not saying it was an error on (The Gazette’s) part, we’re saying that when we were asked, we didn’t really know when they were going to make that decision.”
Plummer said the city’s primary efforts right away would be to aim for voluntary compliance from the public and from business owners instead of issuing citations.
“Tonight I’m not sure we’re going to be doing inspections, we’re not going to be doing anything special,” Plummer said. “... I can’t speak for any specific situation, but for the most part we’re going to let people know they need to get their signs up, they need to pick up their ashtrays and that kind of thing.
"We’ve been out ahead of time and talked to business owners and everything," he said, "and business owners might as well just start it in effect because it will be in effect this weekend.”
Steve Corbin, owner of Town Royal and vocal member of ban opponents Emporia Open for Business, said he doesn’t plan to file for a recount, but other members of EOB might.
“Six votes is six votes,” Corbin said at the Lyon County Courthouse after the result was announced. “I want to congratulate Tammy and her crew for doing a great job on the election. I think everything was fair and above board, and I just wish more people would have gotten out and voted.”
From the beginning, the argument has been divided between those who saw the ban as a public health issue and those who saw it as one of a right to choose.
Emporia State University students Deanna Roose and Jenna Hinkley were at the courthouse to hear the results announced. Both said they were in favor of a ban, citing concerns about the health effects of secondhand smoke.
“As a college student and a non-smoker, I don’t think it’s fair for smokers to talk about their rights when their smoking is affecting my health,” Roose said.
Hinkley agreed.
“Everybody’s talking about rights, but why should I suffer even though I choose not to smoke?” Hinkley said.
Jeremy McMannis saw the issue differently.
“I think we’re moving backwards,” McMannis said. “It’s freedom of choice. It goes back to the Constitution. Our rights are being taken away.”
Vopat said anyone wishing to apply for a recount has until noon Monday to file at the Lyon County clerk’s office. Filers will be required to post a $250 bond. If the recount changes the result of the question, the county will absorb the cost; if there is no change, the party calling for the recount will be responsible for the cost.
Ban opponent and EOB member Matt Slater said he also does not plan to challenge the count.
“The people got to choose, the people made the decision,” Slater said. “It came down to the wire. As far as I’m concerned, I’m not going to try and challenge the decision. I think the results are sound, so I don’t think there’s any reason to.”
josiesbar (anonymous) says...
“Actually, it’s in effect as soon as (Vopat) certifies the election after the board of canvassers,” Plummer said this afternoon. “ ... There was a little bit of confusion when we were asked about that. ... We’re not saying it was an error on (The Gazette’s) part, we’re saying that when we were asked, we didn’t really know when they were going to make that decision.”
The City Government is all "messed" up. They've had ten months to plan this out, why can't they get it right?
Matt
April 10, 2009 at 5:13 p.m. ( permalink | suggest removal )
josiesbar (anonymous) says...
I sure hope the city is notifying EVERY SINGLE business in Emporia!
April 10, 2009 at 5:14 p.m. ( permalink | suggest removal )
jmcmannis (anonymous) says...
ditto
April 10, 2009 at 5:22 p.m. ( permalink | suggest removal )
dalelinn (Dale Linn) says...
We've had an ongoing transition from capitalism to socialism. Today we are more socialistic than capitalistic. As a consequence, we are suffering from the economic failure that is part and parcel of socialism. This is just one more right that we, the people have given up. Complacency and apathy allows the do-gooders to have their way replacing freedom with state authority. It's all for the public good, though.
April 10, 2009 at 5:26 p.m. ( permalink | suggest removal )
Free4all (anonymous) says...
Whether it is a win or not for anyone this goes to show that the system is there for everyone to have a voice. For those who were for it and those who were against it, good job for both of you for practicing your right to a freedon of voice. The system worked and the majority did win. It was not a huge thing for me as I dont smoke but was an interesting battle to see both side stand up for what they believe in. Hots off to both sides, time to take off the gloves, shake hands and get on with life and teach or next generation how to stand up for what you believe in.
April 10, 2009 at 5:31 p.m. ( permalink | suggest removal )
Free4all (anonymous) says...
LOL, editing before posting is a good.
It was supposed to be Hats off and our next generation.
April 10, 2009 at 5:34 p.m. ( permalink | suggest removal )
robert (anonymous) says...
Well, look at the ban this way. An imposed ordinace means that smokers will save a lot of money; improve their health; lower their insurance premiums; reduce the number of days they call in sick, saving companies millions of dollars in lost productivity; lower their blood pressure and reduce their risk of coronary heart failure and other cardiovascular diseases (not to mention pre-mature strokes); lower their chances of acquiring lung cancer; lower the chances of impotence; lower the overall health-care costs in Kansas; reduce fires caused by smoking (some in bed); and reduce pollution and the cost to keep cities clean of cigarette butts thrown out of cars. (Check out http://smokeispoisonous.com/ for more information on the perils of second hand smoke)
April 10, 2009 at 5:37 p.m. ( permalink | suggest removal )
FormerEmporian (anonymous) says...
Robert,
I do not see that Emporia banned smoking, so how can you claim any of the "positive" effects you mentioned will occur in Emporia?
April 10, 2009 at 5:44 p.m. ( permalink | suggest removal )
ProudMommy (anonymous) says...
Robert,
Great comment! If people cannot see that this is a positive thing for our community than that is too bad.
April 10, 2009 at 5:50 p.m. ( permalink | suggest removal )
Maximus (anonymous) says...
Robert,
Don't try to make a rational argument based on empirical research. It's been tried. They will deny it, because the research wasn't conducted IN Emporia. Everyone knows, we live in Emporia; in a vacuum where the laws of the universe don't apply.
April 10, 2009 at 5:51 p.m. ( permalink | suggest removal )
custom (anonymous) says...
I wonder if Steve S. saved any of the money he made for advertising for the pro side. Since it was paid for with our tax dollars. Sure like to have mine back.
April 10, 2009 at 6:02 p.m. ( permalink | suggest removal )
tzkmom (anonymous) says...
If you are worried about tax dollars, I would love to get back even a tenth of what goes to health care to take care of smokers. My tax dollars and yours. Thousands of dollars every year. That isn't even something that will stop when an election is over. It just keeps compounding.
April 10, 2009 at 6:15 p.m. ( permalink | suggest removal )
Free4all (anonymous) says...
STOP, Good Grief....It is settled.Sounds like squabbling 2 year olds. The desicion is made like it or not.
April 10, 2009 at 6:18 p.m. ( permalink | suggest removal )
custom (anonymous) says...
Imagine how much healthcare all that advertising would have paid for.
April 10, 2009 at 6:19 p.m. ( permalink | suggest removal )
Maximus (anonymous) says...
At only about $25 for a 30-second radio spot, very little - considering that the average hospital stay costs $17,734.
April 10, 2009 at 6:29 p.m. ( permalink | suggest removal )
smogman (anonymous) says...
So Robert....When should I expect to see all those savings on my insurance premiums..........LOL.... I wont hold my breath. Think I will just hide in my closet and have a smoke.
April 10, 2009 at 6:41 p.m. ( permalink | suggest removal )
GoHornets (anonymous) says...
As an ESU alum, I've lived in several cities across the country that have banned smoking inside... and I've never seen the immaturity and claims of loss of "freedoms." My friend Emporia, this too shall pass... in a matter of months, everyone will enjoy the ability to breathe again.
April 10, 2009 at 6:44 p.m. ( permalink | suggest removal )
generalsn (anonymous) says...
The bars outside of town must be rejoicing.
April 10, 2009 at 6:48 p.m. ( permalink | suggest removal )
kittenslvsu (anonymous) says...
Today the people have taken a step back while government takes a step forward. Wont be long till the government will tell us what time to get up, eat and sleep. Its a sad day in Emporia .
April 10, 2009 at 6:52 p.m. ( permalink | suggest removal )
Maximus (anonymous) says...
Uh oh, I can sense a Hitler quote coming soon..... Ha ha ha!
April 10, 2009 at 6:58 p.m. ( permalink | suggest removal )
bdprotheroe (anonymous) says...
Emporia, congratulations and welcome to the 21st Century! In San Francisco, we love our smoke-free restaurants and bars. BTW, these establishments wouldn't be packed to the rim each night if they did allow smoking. Believe me, you will see the benefit in the long run.
Brian Protheroe
San Francisco, CA
April 10, 2009 at 7:04 p.m. ( permalink | suggest removal )
justthinkin (anonymous) says...
Robert:
I won't hold my breath either, waiting for my health insurance premium to go DOWN? If you believe that will EVER happen, I've got a bridge to sell you. Good grief, how stupid do you think people really are?
I do think this is a sad day for Emporia, and like Mr. Corbin, I'm just sorry more people didn't get out to vote, because I really don't think this was the true opinion of the majority. I guess we can bend over & kiss our next right goodbye.
April 10, 2009 at 7:12 p.m. ( permalink | suggest removal )
smogman (anonymous) says...
Brian, as you might remember, we that have to live here in Kansas are slow to change, we see the fads that come from both coast and usually use our common midwest since to sort the wheat from the chaff, the chaff this time was our rights........I will be glad when the state bans smoking, at least it is a compromise to this nazi move.
April 10, 2009 at 7:21 p.m. ( permalink | suggest removal )
smogman (anonymous) says...
The next ban will be the Andy Griffith Show, for promoting to much common since..........
April 10, 2009 at 8:10 p.m. ( permalink | suggest removal )
dhcc66 (anonymous) says...
geez, next thing ya know they'll ban assault rifles....after all, we do have a right to hunt deer with an AK47 right?
April 10, 2009 at 9:42 p.m. ( permalink | suggest removal )
smogman (anonymous) says...
I dont hunt with a rifle, so I dont know the laws, but I was almost killed by a deer a few years ago, think I will take my chances on the AK47...............lol
April 10, 2009 at 9:48 p.m. ( permalink | suggest removal )
sb257 (anonymous) says...
blah blah blah Do you think this will stop me from lighting up as soon as I walk out of Walmart? Well it won't, you non smokers stress me out when I'm in there. Go America, someone remind me what was that war we fought against England. Russia became a democracy and took a step forward what the hell are we doing wrong. So you dont like to smell my cigarette I dont like to smell your car exaust and I think that is hazardous to my health. Do you think you are better than me because you dont smoke I'm an effen saint for all you know.
April 10, 2009 at 10:07 p.m. ( permalink | suggest removal )
oddball4_life (anonymous) says...
why is it that only people that lived in the city limits had the right to vote on the ban? what about the people in the rest of the county that work and spend their money in emporia? Why didn't we get to have a say on this matter?
April 10, 2009 at 10:14 p.m. ( permalink | suggest removal )
Truth (anonymous) says...
Ahhhh- the air smells better already! Now,if we can just get rid of that eyesore we call the fairgrounds....
April 10, 2009 at 10:28 p.m. ( permalink | suggest removal )
smogman (anonymous) says...
Answer might be OPPRESSION, Cant remember if there are 2 p's or 2 r's in the word, put both in just in case.....lol...........right on sb257..........and you know Obama will take your AK47 next , am watching Risky Business now, before Tom Cruise became a scientology freek, and decided that he knows how I should live, just proves power and money goes to your head.
April 10, 2009 at 10:30 p.m. ( permalink | suggest removal )
FormerEmporian (anonymous) says...
I am surprised that there are any pro-ban voters on here! You should all be out enjoying the restaurants and bars now. Right? That is what you wanted to be able to do, correct?
April 10, 2009 at 10:31 p.m. ( permalink | suggest removal )
smogman (anonymous) says...
good thing your not in Denver, truth, I would take SHS over Denver's fresh air..I do agree w/ you on the fair grounds debacle, what a waste of valuable land!
April 10, 2009 at 10:38 p.m. ( permalink | suggest removal )
sb257 (anonymous) says...
Actually its a yugo m70 but ak-47 is ok I'll let it slide.
April 10, 2009 at 10:40 p.m. ( permalink | suggest removal )
rmbcollege (anonymous) says...
I will now go enjoy Desperado's more often...maybe.
April 10, 2009 at 10:42 p.m. ( permalink | suggest removal )
chuck (anonymous) says...
The comments that indoor smoking "bans" take away freedoms are nonsense. They give 80% of us freedom from secondhand smoke. If you want to smoke indoors why not go to a communist country like Cambodia, Vietnam or Laos? Was smoking in indoor public places like restaurants and bars prohibited in the Soviet Union, East Germany or communist Poland? No, it was permitted. It is the communist way. And it has nothing to do with Nazis either. Cigarette smoking is still legal in Emporia--just not in places where it can harm others so easily. And it doesn't hurt business either. A story tonight on channel 49 had a story on increased beer sales at indoor venues. Their smoking "ban" went into effect last year. And a bowling establishment in Lawrence saw increased business when the Lawrence ordinance was enacted. Emporia has taken an important step forward.
April 10, 2009 at 10:45 p.m. ( permalink | suggest removal )
sb257 (anonymous) says...
You go enjoy desperado's while I step outside and have a smoke and piss on your tire while I'm half drunk blowing smoke rings
April 10, 2009 at 10:48 p.m. ( permalink | suggest removal )
smogman (anonymous) says...
converted to auto? whats the diffffffffff? SB.........just watch out for toxic cowboy breath and that dangerous cattle gas, rmb.......lol
April 10, 2009 at 10:50 p.m. ( permalink | suggest removal )
sb257 (anonymous) says...
No its semi. But its got a sweet gernade sight its a great show piece it came from the yugoslavian civil war
April 10, 2009 at 10:55 p.m. ( permalink | suggest removal )
olddog (anonymous) says...
They are all celebrating. Lets just hope they have designated drivers. I wouldn't want to see anyone hurt because of second hand alcohol or liquor! Normally you don't go to bars to have healthy drinks. I would assume all the "Yes" voters would be having a celebration.
I'm sure Town Royal is having a celebration just knowing if the 6 bar owners that lived outside of the city limits could have voted the ban would have been defeated. Not to mention the thousands more that could have shown an interest in voting for their rights, so yea....
It's sad that 73% of the city didn't care to vote their opinion whether it be yea or nay.
Maybe thats something the Commisioners could work on is getting more people to take part in our so called elections.
Shouldn't the people who voted provisional be contacted to let them know what they need to fix before the next election so people will be more prepared...
E.O.B. you done a great job, all of you!
Roy D. Mercer Rocks!
April 10, 2009 at 11 p.m. ( permalink | suggest removal )
smogman (anonymous) says...
Not my freedoms Chuck, a property owners freedom to determine there own policy on there own PRIVATE property, I may be confused but I think this is a first amenment right. Shall I retype PRIVATE for the slow or those that ride the short bus..........
April 10, 2009 at 11:01 p.m. ( permalink | suggest removal )
olddog (anonymous) says...
LMAO @ Toxic Cowboy Breath!!
OOPs! I farted again! :) am I gonna get taxed for that?
April 10, 2009 at 11:03 p.m. ( permalink | suggest removal )
chuck (anonymous) says...
OK, smogman. Why aren't you protesting that restaurants are required to store food at proper temperatures to keep them safe, that restaurant employees must wash their hands after using the restroom and that insects and rodents must be kept out of food service establishments? Do you really want the places you go out to eat to serve you unsafe food? I have suffered from food poisoning in both Romania and Costa Rica. I sure wish there had been some regulations there or enforced if there were any. We have also seen what happens to coal miners when there are lax regulations. Do you think the coal miners of West Virginia and Kentucky would like to do without safety regulations? No, they want more safeguards and so do their families. And a bar or restaurant is a public place when you open the doors to the public. Your home is a PRIVATE place where you can ignor common sense if you want to. And you can deny access to anyone if you don't like their religion, skin color or gender. Any business owner who permits smoking indoors at their business is not looking out for the welfare of their patrons or employees. And that is a disgrace.
April 10, 2009 at 11:28 p.m. ( permalink | suggest removal )
smogman (anonymous) says...
Your invoice and statement is in the mail dog, just remember the intrest and penalties is what really kills you not the SHS...........LOL
April 10, 2009 at 11:31 p.m. ( permalink | suggest removal )
JFish (anonymous) says...
Old dog, it appears fewer than 5,000 people voted. By your calculations that is 27% of the voters. (If 73% did not vote.)
How many registered voters are in Emporia?
According to the 2000 census, at that time there were over 26,000 people in Emporia. There are likely a few fewer now due to the lay-offs and cut backs.
Over 25% of those were children under 18.
There are likely some people in Emporia who aren't citizens.
There are some who are too ill to vote.
But the real question is, how many registered voters are living in Emporia? And are those numbers up to date? Any dead people still on the voter list? Any people who've moved out of Emporia still on the list?
I'm thinking that saying 73% of eligible voters didn't vote might be a huge overstatement.
But since you brought it up, I'm so curious how many registered voters are in Emporia.
April 10, 2009 at 11:34 p.m. ( permalink | suggest removal )
smogman (anonymous) says...
Hey Chuck, I remember that idiot taking a bath in the food service sink at Burger King, lol, talk about unsafe....I think a business owner can place ''Smoking Permitted" sign by there entrances and even in spanish, if your 18 and still cant read, I would say you have more pressing problems than SHS...........
April 10, 2009 at 11:41 p.m. ( permalink | suggest removal )
smogman (anonymous) says...
Worse case of food poisoning I ever had was here in Emporia, from Burger King here, lol, I have eaten in 3 other countrys, no problem, just dont drink the water.........LOL
April 10, 2009 at 11:45 p.m. ( permalink | suggest removal )
jemporia (anonymous) says...
Some of you people sound ridiculous! And this includes many from the previous article as well. Everyone complains about losing his or her freedoms. But one's freedom only extends so far that it doesn't infringe on another's rights.
It is our right to breathe air that does not risk our health and the health of our children. And if the majority votes to enact such a ban, that decision belongs to the people. It has nothing to do with government control.
April 10, 2009 at 11:46 p.m. ( permalink | suggest removal )
smogman (anonymous) says...
Your answer is 18,185 voters fish, based on 5000 voters, simple algebra
April 10, 2009 at 11:51 p.m. ( permalink | suggest removal )
smogman (anonymous) says...
Tell me this jemporia, is a business private property?
April 10, 2009 at 11:55 p.m. ( permalink | suggest removal )
smogman (anonymous) says...
Is tobacco a leagal product?
April 10, 2009 at 11:59 p.m. ( permalink | suggest removal )
livinglife (anonymous) says...
My hats off to all the smokers in front of the bars tonight..Especially the Town Royal! I loved the one guy wearing his NO sign! I am proud of all of you! Stick that in your hat and smoke it Ms. Walters..Umm and yea Ms. Walters don't you just love driving down the streets of our fine city seeing everyone standing outside smoking..I hope it gives you a warm fuzzy feeling as you breathe in what once was clean air outside..But no the voters made us take it tot he streets so breathe deep and enjoy a smoke with us!!
April 11, 2009 at 12:12 a.m. ( permalink | suggest removal )
disgusted (anonymous) says...
It took how many lives too have freedom and only six votes too take away freedom , only in America, wow
April 11, 2009 at 12:20 a.m. ( permalink | suggest removal )
smogman (anonymous) says...
And if I pay taxes to own my PRIVATE PROPERTY shouldnt I have the the legal right regarding the operation of that property. Or should I say, Yes NO Shirt, Yes NO Shoes and Yes No Smoking.............Whats the difffff its my right to decide. GET IT NOW. Pay my taxes, insurance and operating expenses.....Then YOU can tell me how to operate my business..........
April 11, 2009 at 12:25 a.m. ( permalink | suggest removal )
disgusted (anonymous) says...
See how easy it is too lose the freedom .
April 11, 2009 at 12:29 a.m. ( permalink | suggest removal )
smogman (anonymous) says...
O I forgot that I have no right to refuse your business..........................
April 11, 2009 at 12:31 a.m. ( permalink | suggest removal )
smogman (anonymous) says...
I get more disgusted every day, LOL Disgusted
April 11, 2009 at 12:33 a.m. ( permalink | suggest removal )
smogman (anonymous) says...
I will still take living here before Mass and California any day.
April 11, 2009 at 12:36 a.m. ( permalink | suggest removal )
disgusted (anonymous) says...
people need too wake up and not give freedom away so easily,by the way that count ain't no majority.
April 11, 2009 at 12:37 a.m. ( permalink | suggest removal )
smogman (anonymous) says...
The vote tells me that the people of this town are not sheep, I think another vote that includes the county and no last minute questionable articles by the newspaper, would result in a different outcome....
April 11, 2009 at 12:50 a.m. ( permalink | suggest removal )
allintogether (anonymous) says...
Where were all the pro ban folks that were supposed to fire up the top line of all of these bars? The Friday night crowds looked a bit sparse as compared to what they were. Will Walters replace the income bartenders will lose out of her grant money and Sauder's cheddar? Perhaps out of Obozo's myriad federal spending programs?
Oh right. We don't care about bartenders' well being unless it is long term and not systemic or based on skewed studies that suit our purpose. Forgot. Bail out bartenders and owners with $900 trillion! Its all funny money anyway.
April 11, 2009 at 2:08 a.m. ( permalink | suggest removal )
jmcmannis (anonymous) says...
Hey ya all Club Orleans had steady business all night.
Sure they had to smoke outside but they have a Beer Garden with a fence so you can drink and smoke at the same time. I know of the other bars were a little slow due to the smoking ban, full moon and Good Friday.
I bet T. Walters and Co were not planning on having to walk through 20 some odd smokers to get to her favorite resturant or bar.
Smokers smoke em if you gotta em and lets see that beautiful haze of smoke.
Honk if you love smokers lol
April 11, 2009 at 4:05 a.m. ( permalink | suggest removal )
glarson (anonymous) says...
Moved to a forum:
http://www.emporiagazette.com/forums/...
April 11, 2009 at 6:26 a.m. ( permalink | suggest removal )