Rob Dowdy, Shelbyville News Staff Writer
Those who had hoped the Shelbyville Common Council would delay approval of a smoking ordinance Tuesday night won’t be lighting any victory cigars after a unanimous decision to enact a public smoking ban by Aug. 1.
The council passed the measure 7-0, banning smoking in public places — with exceptions — while fueling the flames of discontent on both sides of the issue.
The city’s smoking ban will prohibit smoking in all public places — excluding bars, private residences, private vehicles, private clubs, hotel and motel rooms designated as smoking rooms and self-contained bar areas.
City attorney Brett Haacker approached the council before a vote was taken or public comments could be heard to clear up “misconceptions” about the ordinance that appeared in recent letters to the editor published in The Shelbyville News.
“There is no such thing as a smoking room in our ordinance,” Haacker said.
One such letter, written by Franklin resident Dan Morgan, said, “Everyone deserves to work in an environment that will not damage their health. Unfortunately, allowing smoking rooms protects no one.”
Council member Jeff Sponsel said Morgan, a regional program director for the Indiana Tobacco Prevention and Cessation Agency, has “misrepresented” himself as a concerned citizen with his letters to the editor. Sponsel said he is a paid employee of the ITPC and is attempting to rile up controversy to further his agency’s agenda.
Council member Kim Owens said the term “smoking room” as mentioned by Morgan and others likely refers to the self-contained bar area that was added as an exemption before the council’s March 20 meeting.
“(A smoking room) indicates any business can set aside any room with walls and a door and make it a smoking room,” Owens said. “That was never part of the ordinance.”
Sponsel said the self-contained bar area gives local business owners more choice in whether or not they want to become smoke-free. According to the ordinance, in order to have a self-contained bar area, the area must be completely enclosed and separate from the rest of the facility; the smoke within the room must not enter any other part of the facility; alcoholic beverages are served; and no customer, employee or member of the public under the age of 18 can enter.
“These people were essentially making a lot of noise about something that wasn’t a big deal,” Sponsel said.
Sponsel said he doubts local restaurant owners would go to such lengths just to allow smoking in their establishments.
“It’s almost impossible to create this room,” he said.
Much of the public comments during the meeting came from members of local private clubs, concerned about various public events they hold throughout the year. Jim Clapp of the American Legion said that a smoking ban will “very much” hurt the legion on nights when the club allows the public to play bingo in its building.
“We’re not against the smoking ordinance; we’re against the smoking ban in our private club,” Clapp said.
Haacker said private clubs would be exempt from the ordinance as long as they restricted admittance into their clubs to bona fide members. However, guests aren’t defined within the ordinance, but private clubs often allow guests, who are not bona fide members, to join in a variety of events. Owens said the wording of the ordinance in reference to guests and private clubs leaves a gray area that may have to be dealt with in the future.
Sponsel said he believes the ordinance, which he has admitted is a compromise, fits the needs of the “silent majority” in Shelbyville. It provides clean air and choice for businesses and private clubs, he said.
“On a personal level, I would prefer a complete ban, but I don’t sit on the council for myself,” Sponsel said.
Mayor Scott Furgeson said with the smoking ban now enacted, the city must begin the education process, teaching business owners and the general public about the specifics of the ordinance as well as the health risks of smoking, in preparation for the Aug. 1 enforcement date.