SOUTH BEND -- If St. Joseph County Commissioners vote next week to butt out the County Council's countywide smoking ban, the council could override the veto.
Commissioners vetoed keeping a scheduled Tuesday morning public hearing and vote on the council's ordinance in favor of having an evening meeting Thursday to accommodate public comment opportunities.
Mark Dobson, District 1 commissioner, said Friday, "The ordinance language is fairly poorly done. I'm concerned with the encompassing nature of the ordinance and enforcement language. I would like to see this ordinance tossed out and redone.
"Initially the intention brought to us, and an idea I'm starting to warm up to, was a smoking ban in restaurants. If we could go back to the restaurant issue, and bring the restaurant association into the loop and get technical support, that would be good," Dobson said.
As approved on a 7-2 vote Jan. 17 by the County Council, the countywide smoking ban goes into effect April 10 and prohibits smoking in restaurants, workplaces and many public areas.
Councilman Mark DeVon, District C, said Friday a veto vote by commissioners likely would be overridden by the council "unless something else significant changes."
Commissioner Steve Ross, District 2, said this week's council meeting "came down to two issues, public health and infringement on rights."
"Quite frankly, smoking is a public health issue and I am in support of the ban."
Ross gave analogies, noting seatbelts were opposed by the auto industry but embraced by the insurance industry and liquor, though legally sold, has limited legal use. "You can't drive while intoxicated. We do know smoking is harmful. If people prefer to smoke, that's OK, but don't subject the general public to health endangerment."
Mark Potuck, Tobacco Control in Elkhart County project director, said, "I'd love to see a smoking ban happen in Elkhart County, but I don't see that happening soon. It's possible some municipalities in Elkhart County may want to work on an ordinance."
Countywide ordinances are rare, Potuck said, believing there are only a handful in Indiana. Eight cities throughout the state have smoking bans, including Indianapolis (effective March 1), Bloomington and Fort Wayne.
"We would want to stress a no-smoking ordinance is not just for customers at restaurants, but for employees who are stuck there for 8 to 10 hours a day. That's an important issue, that employees not be subjected to secondhand smoke.
"We fairly regularly get calls from employees of companies who don't want to breathe colleagues' smoke and wonder what we can do to help them," Potuck said.