Smoking ban opponents ask for enforcement delay

Lawrence city commissioners will be asked tonight to delay implementation of the smoking ban until a citywide referendum can be held on the issue.

The ban, which is expected to receive final approval tonight from the commission, is slated to go into effect July 1. But opponents are trying to force the matter onto the November ballot.

Phil Bradley, executive director of the Kansas Licensed Beverage Assn., sent commissioners an e-mail Tuesday asking them to delay enforcement until after the election.

But Commissioner Boog Highberger said November is too long to wait.

“If I thought there was a high likelihood of the referendum passing, I’d be more disposed to considering an extension,” Highberger said. “I don’t see it.”

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

Earlier Tuesday, opponents of a smoking ban have taken the first step toward forcing a citywide referendum on the issue, preparing a petition that calls for repeal of the recently passed ordinance.

Chuck Magerl, owner of Free State Brewing Co. and a leading ban opponent, said Tuesday morning the petition — which would place the mattor on the ballot — has been submitted to County Counselor Evan Ice for a technical review.

“It’s an attempt to say this was an extreme ban, and it would come back to the (Lawrence) City Commission for alternatives,” Magerl said.

Ice has several days to complete the review. After that, the gathering of 3,764 signatures of registered Lawrence voters could begin. Magerl said he expects anti-ban forces to try to put the issue on the ballot in the November election.

The commission this month passed an 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.” Violation would be a misdemeanor crime.

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 patios like the ones at Replay Lounge, 946 Mass., and Free State Brewing Co., 636 Mass.