Nevada County Picayune and Gurdon Times Newspaper Archive

Council passes buck on smoking issue

Prescott's City Council passed the butt on the no-smoking ordinance.

At its regularly monthly meeting, Monday, Aug. 18, the council opted to have the Prescott-Nevada County Chamber of Commerce do a survey of businesses in the area to get their take on a smoke-free workplace ordinance.

The ordinance had been proposed by Janet McAdams at the July council meeting, with no action taken. City Attorney Glenn Vasser voiced his concerns about the legality of such an ordinance and the possibility of Prescott being a "test case" by being sued by those in the tobacco industry.

Dr. David Bourne, a Little Rock physician, said he had been to Fayetteville, Texarkana and Bryant, three communities considering smoke-free workplace ordinances.

According to Bourne, tobacco giant Phillip Morris has agreed smoking is bad, and such ordinances have a big impact on economics in the industry.

"People smoke less," he said, "if they have to smoke outside. Five states are smoke free in the work place and there has been no adverse economic impact on restaurants and bars."

Bourne said what makes it difficult for cities to pass smoke free ordinances is the tobacco industry's lobby is powerful at the federal and state level.

For smoke free ordinances to be effective, he continued, they must begin at the local level, and if the issue is put before the people in an election, the process takes longer. An election, Bourne said, would see the tobacco industry pour money into a campaign to allow smoking in the workplace.

"No one has a complete ban on smoking in the workplace in Arkansas," he said, "though several are considering it."

He pointed out Fayetteville is working on an ordinance to ban all smoking in the workplace, but will have exemptions for bars.

Dr. Alan Fox told the council he's had patients who were intravenous drug users and said it was harder for them to quit smoking than get off drugs.

Prescott Mayor Howard Taylor said everyone knows smoking is a health hazard, but added there had been phone calls to City Hall about how such an ordinance would affect local business.

Jay Witter, with Rip Griffin, said the city of New Braunsfield, Texas passed a smoke free ordinance and the Rip Griffin restaurant dropped 43 percent in the first year, after it had been growing at 18 percent a year before the ordinance.

Witter said the business has been slowly rebuilding back where it was, with the growth rate at 6 percent annually.

The building in New Braunsfield, he said, was annexed into the city and the ban enforced. Those who were caught smoking were issued citations.

Because of this, he continued, the company developed a new concept and has separated the smoking and no-smoking sections by 60 feet, and uses smoke eaters in the smoking sections. Employees can choose whether or not they want to work in the smoking sections.

"We're happy with what we have in Prescott," Witter said. "If truckers know they can't smoke somewhere, they'll go where they can. Our restaurant in California isn't making a dime because drivers go to Arizona where they can smoke. This is the economics we're looking at."

Witter added the company policy leans toward the non-smoker in the offices, and if one person objects to smoking, it isn't allowed.

Randy Grimes, owner of Exit 44 Truck Stop, echoed Witter's statements about truckers bypassing his establishment and going elsewhere if not allowed to smoke.

"It would cut our heart out," he said. "The city gets money from cigarette sales, and a ban would kill us."

Bourne said individuals tell their stories, and they are powerful, but when the tax revenues are examined no adverse economic impact is seen.

However, it must be pointed out the communities Bourne talked about have populations in excess of 100,000 for the most part. He did not discuss the possible economic impact on a small town such as Prescott.

Alene Spencer, a local resident, voiced support for a smoking ban as she has asthma. Smoke, she said, makes it hard for her to breathe in public places.

"People say they want a smoke free ordinance," said McAdams. "We've needed it for a long time."

Sheila Cannon told the council she has allergies and there are places she can't enter without having an attack because of cigarette smoke. "I don't frequent these businesses, but I would if people didn't smoke there."

Grimes asked if there weren't provisions in the proposed resolution to exempt the Tobacco Shop, and was told there is no resolution, only one being considered.

Larry Baker, a member of the council and owner of Baker's Best Stop, said he sells cigarettes but doesn't smoke himself. He questioned why one business would be allowed to sell tobacco products and another not.

James Cornelius suggested the council get a list of businesses in Prescott and see how the owners feel about the issue. "People built these businesses with the laws as they are now," he said. "I know they can be grandfathered in, with certain businesses exempted."

Vasser said the ordinance must be set up uniformly or the city could be sued for discrimination.

He said the council could adopt an ordinance or put it on the ballot. But, if it goes to an election, the city has to pick up the tab and it would take at least 60 days. Vasser suggested using the ordinance process and making sure it can stand legal tests.

Bourne said the trend is for the law to be self enforcing and businesses would need only to put signs up showing smoking was prohibited.

In the end, though, the council passed the buck to the Chamber, with Mary Godwin, executive director, to conduct the survey, having it ready by the September meeting.