By Gary Pethe, Truth Staff
SOUTH BEND -- In a 2 to 1 vote, St. Joseph County Board of Commissioners Thursday night nixed a countywide no-smoking ordinance passed last week by County Council members.
The vote came after the commissioners had a public hearing on the issue at the County City Building in South Bend.
Commissioners Mark Dobson and Cynthia Bodle voted against the measure, both expressing displeasure that not all segments of the community had been involved in crafting the legislation.
"Mom and pop restaurants and other small businesses did not have a voice in writing it," Dobson said. "I don't like voting against it, but I just don't like the ordinance as it is written."
Likewise, Cynthia Bodle, commission president, expressed concern that numerous individuals and groups were not consulted as the county council drafted the document. "The council must now carefully examine the ordinance as they rework it and make sure it is fair to all parties involved," she said.
After the vote, the sole supporting commission member said the board did a disservice to public health, as well as the legislative process, in turning down the measure.
"We're ignoring the health and welfare of the people of this community and acting on the opinions of a vocal minority," said commission vice president Steven Ross.
Anti-ordinance speakers cited a variety other reasons for opposing the ban. Frank Agostino, a South Bend attorney representing a local beverage association, questioned the constitutionality of the ban.
Other speakers claimed the ordinance would be a violation of personal rights, and would have a negative impact on the county economy.
"And I also think it would be a budgetary problem for the county," said ordinance opponent Kelly Havens of Granger. "Enforcement is going to require additional staff. And that's going to be difficult because of current financial problems the county is experiencing."
Many ordinance supporters who spoke at the Jan. 17 county council meeting echoed their arguments at Thursday night's commission meeting.
Jill Sabo, a tobacco treatment specialist at Saint Joseph Regional Medical Center, noted that local hospitals have led the way in alerting the public to the dangers of smoking, and especially second-hand smoke.
"These institutions have been smoke-free inside for many years. And beginning in 2004, all area hospitals banned smoking anywhere on their properties," she noted.