Smoking compromise fizzles

More outside drinking may be allowed to accommodate bar patrons who smoke

Lawrence city commissioners Tuesday night snuffed out any talk of a compromise that would allow smoking inside bars and restaurants.

Four out of the five city commissioners at their weekly meeting were clear that the city’s smoking ban should remain in place, although they said they were open to discussing the possibility of allowing more outside drinking areas to accommodate smokers.

“This is an enormously popular ordinance (ban),” said City Commissioner David Dunfield. “I think five years from now the Lawrence ordinance will be the norm nationwide. We’re just a slight step ahead of some communities.”

Members of the city’s bar and restaurant industry, who asked for a compromise to address concerns over sagging sales since the ban took effect in July, said they would regroup and consider their options.

Jerry Neverve, an owner of the Red Lyon Tavern, 944 Mass., said those options included restarting a petition process that would force the issue to a citywide vote sometime in the future, and organizing to try to elect city commissioners who would be more open to a compromise on the current ban.

“I think we’re going to take a couple of weeks off and enjoy the holidays and concentrate on running our businesses,” Neverve said.

Supporters of the ban said they were proud that commissioners expressed strong support for the current ban, which prohibits indoor smoking in virtually all public places.

“Hundreds of employees will not be exposed to life-threatening toxins,” ban supporter Kathy Bruner told commissioners. “You have done a good thing, more good than you’ll ever know. You will continue to do good long beyond your lifetime, if you keep your resolve.”

City commissioners, though, did direct staff members to discuss with ban opponents several possible changes to the ordinance. They include:

  • Adding a provision that would allow employers to install a separately ventilated break room for employees to smoke in, as long as nonsmoking employees were not required to enter the room as part of their jobs. An official from Hallmark Cards asked commissioners to consider the request.
  • Loosening restrictions on how sidewalk areas can be used to accommodate people who want to drink and smoke outside of an establishment.
  • Reviewing “safe harbor” language that would spell out what efforts business owners could take to ensure that individuals who violated the ordinance were fined rather than the businesses.
  • Creating specific fines for individuals who violate the ordinance.
  • Addressing issues related to uniform and equitable enforcement of the ordinance.

City Manager Mike Wildgen said his staff would meet with members of the bar and restaurant industry to discuss their concerns in January. He said a report would be delivered to the City Commission this spring.