The voters will decide. Maybe.

The Lawrence City Commission on Tuesday ducked a decision on banning smoking in public places, including bars and restaurants, deciding instead to put the issue directly to a citywide vote.

“I want this community to buy into a decision about a smoking ban or not having a smoking ban,” Commissioner David Schauner said.

The decision means the debate over a smoking ban is likely to get more contentious. Dave Kingsley, a smoking-ban proponent, said more than $150,000 was spent in Salina’s debate over a similar ban there.

“This is going to be a political campaign,” Kingsley said.

But the city faces obstacles to putting the issue on the ballot.

Assistant City Manager David Corliss said Kansas law did not allow the commission to put the issue directly on the ballot. A referendum can be held only if 25 percent of the Lawrence electorate from the last election — 3,764 voters — sign a petition to put the issue on the ballot.

Those signatures would have to be collected by June 10 to qualify for the Aug. 3 primary election. And smoking-ban proponents could put their own competing ordinance on the ballot.

Commissioner Boog Highberger moved to direct city staff to help smoking-ban proponents prepare such a petition.

He was joined by Sue Hack and David Schauner in voting for the measure; Mayor Mike Rundle and Commissioner David Dunfield, supporters of a ban, voted in opposition.

The decision came before an overflow crowd at City Hall, after an emotional debate, interrupted several times by applause from the audience. Both sides presented petitions backing their position.

The proposed ordinance, based on one already in place in El Paso, Texas, 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.

Supporters of a ban said smoking was the leading cause of death in the United States, with secondhand smoke killing more than 30,000 people a year. They introduced Myron Brooks, who lost his voicebox to smoking-related illness and carried an oxygen tank with him Tuesday.

“When I was younger, I was in favor of smoking,” Brooks said. “Now I’m definitely on the other side.”

But opponents called a ban “completely un-American,” saying businesses and their employees should be allowed to make their own choices about whether to risk secondhand smoke.

They said bars and restaurants would lose business as a result of a ban.

“It will hurt my business, and I will have to lay off employees, who are my friends,” said Tom Conroy, owner of Kaspar’s Bar & Grill, 3115 W. Sixth St.

6News video: Commission votes to allow smoking ban vote Take a stand: Task force chair supports smoking ban (04-20-04) Hot topics slated at City Hall (04-17-04) 6News video: City officials closer to snuffing out smoking (04-17-04) Proponents of smoking ban urge supporters to be vocal with City Hall (4-8-04) Public smoking battles ignite (4-14-04) Draft ordinance on the smoking ban 6News video: Community learns about secondhand smoke dangers (4-8-04) Smoking restrictions gain city support (4-07-04) 6News video: Majority of commissioners support smoking ban Ban’s future still up in smoke (4-01-04) 6News video: City commissioners still debating city-wide smoking ban (4-01-04) Bar owners feel under siege (3-7-04) Smoking ban opponents organize (3-3-04) 6News video: Bar, restaurant owners unenthusiastic about smoking ban (3-2-04) Restaurants, bars fear smoke ban would snuff business (2-16-03)