Hot topics slated at City Hall

Patriot Act, smoking ban may create late night for City Commission

Bring your pajamas.

That’s the advice from officials at City Hall, where the Lawrence City Commission on Tuesday will take on not one, but two of the hottest topics it faces: a resolution condemning the Patriot Act and a proposed ordinance that would end smoking in bars and restaurants.

Both topics have drawn full crowds to previous City Commission meetings. Addressing them both during the same session could result in an overflow crowd — smokers, health advocates, civil libertarians and Patriot Act defenders — ready to comment on the issues until late in the night.

“We hope to have all our customers and friends there,” said Dave Boulter, a smoking ban opponent who owns Henry’s, a combination bar and coffee shop at 11 E. Eighth St. “We expect a big turnout.”

Commissioners are hoping they won’t be too overwhelmed and could set time limits on public comment.

“It’s possible, since we’ve had a study session on the smoking ban and a fairly extended meeting on the Patriot Act, we can at least request people to confine their comments to new material,” Mayor Mike Rundle said.

While both topics have been the subject of much discussion, it’s the proposed smoking ban that likely would have the most immediate effect on life and business in Lawrence.

‘Without exception’

Commissioners won’t take action Tuesday on the smoking proposal, but they will hear public comment and discuss a proposed ordinance modeled on one already in place in El Paso, Texas.

The ordinance would prohibit smoking “in all enclosed facilities within a place of employment without exception.”

Combined with smoking restrictions passed in 1987, the ordinance would ban smoking in nearly every place in Lawrence except private homes, smoke shops, some hotel rooms and open-air places of employment.

“We are delighted to see the City Commission is considering an ordinance that truly clears the air and protects workers’ health,” said Judy Keller, executive director of the American Lung Association of Kansas. “We’re going to work very hard to make sure it’s not diluted but passed as presented.”

That “open air” exception means, for example, that smoking would still be allowed on the front porch of Free State Brewing Co., 636 Mass., and on the back deck on the second floor of Henry’s, Boulter’s establishment.

But Boulter said the proposed ban was misguided and could hurt business for bars and restaurants.

“Our employees are not asking for this ban at all,” he said. “Every bar and restaurant owner is opposed to this.”

Three of the five commissioners — Rundle, David Dunfield and David Schauner — have said they favored some form of smoking restriction. But passage of the ordinance, as written, isn’t certain; Schauner has said he would like to see restrictions be voluntary, perhaps with city-sponsored incentives.

Criticizing the feds

The Patriot Act resolution is more straightforward. The commission has already indicated it would pass a resolution calling for repeal of portions of the federal anti-terror law, as long as the resolution doesn’t direct city employees not to comply with federal agents.

The resolution to be considered Tuesday follows those lines, listing provisions of the federal law that should be repealed — including those that allow the FBI to seek records from libraries and bookstores. The only hint of noncooperation: a directive to the Lawrence Public Library to put up signs warning patrons their checkout records could end up in federal hands.

“The Lawrence City Commission recognizes that protecting our citizens against future terrorist attacks requires the federal government to aggressively pursue potential terrorists,” the resolution states, “but these efforts to combat terrorism should not disproportionately infringe on the essential civil rights and liberties of the people of the U.S.”

Commissioner Sue Hack has been the lone commissioner to express strong skepticism of any resolution on the matter.

“I’m still struggling with the issue of whether the city ought to pass a resolution,” she said Friday.

Library director Bruce Flanders could not be reached for comment Friday.

The commission meets at 6:35 p.m. Tuesday at City Hall, Sixth and Massachusetts streets.

The proposed smoking ordinance contains the following language:”Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles and all other enclosed facilities.”The full text of the proposed ordinance — and the Patriot Act resolution — can be found at the city’s Web site, www.lawrenceks.org.