Smoking petition’s chances hazy

Ban opponents say they'll have no problem collecting signatures; proponents not so sure

How easy is it to collect nearly 4,000 signatures? It depends on whom you ask.

Opponents of the city’s new smoking ban in most public buildings say it should be no problem. They must collect 3,764 signatures from registered Lawrence voters by August to force a citywide referendum on the issue in November.

“It’s not like we’re going to have (to) recruit people,” said Phil Bradley, director of the Kansas Licensed Beverage Assn., who has helped organize ban opposition. “They’re falling all over themselves to come in.”

But “clean air” advocates say there’s a good chance a referendum will never happen.

“We’re not sure they’re going to get the signatures,” said David Kingsley, who was chairman of the city Task Force on Smoking that led to the ban. “There’s not that many smokers.”

The answer should become apparent soon. A draft of the petition that would place the ban repeal on the ballot still was undergoing technical review Thursday by Douglas County Counselor Evan Ice.

“It will probably start circulating next week at the earliest, maybe Tuesday or Wednesday,” Bradley said.

The ordinance, based on one 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 nearly everywhere in Lawrence except private homes, smoke shops, some hotel rooms and open-air patios like those at Replay Lounge, 946 Mass., and Free State Brewing Co., 636 Mass.

Dave Boulter, owner of Henry’s, 11 E. Eighth St., earlier this spring passed around an informal petition to oppose City Commission passage of the ban. He gathered 2,000 signatures.

Organizers of the effort to repeal the smoking ban have received many calls asking where and how individuals can sign a petition to force the matter to a referendum.There is no answer, yet. Plans are still being made.”I believe they’re going to start off with a kickoff rally,” said Phil Bradley, who is helping organize the drive. “We’ll see who shows up there, and give them materials.”

“I don’t think we’ll have a problem at all gathering 3,800 signatures,” Boulter said.

Carrie Pohl, coordinator of the anti-smoking group Clean Air Lawrence, said there were no plans to campaign against the petition drive.

“As far as trying to counter anything the opposition might be doing, as far as collecting signatures for a petition, we won’t counter that,” Pohl said. “We feel, if and when it does go to the ballot, we’ll still end up victorious.”

If petitioners succeed, the ball goes back to the City Commission. Under state law, commissioners either would have to approve the repeal of the ban ordinance within 20 days, or put the issue to a citywide election within 90 days.

Given the 4-1 commission vote this month in favor of the ban, the referendum would be the more likely path.

Kingsley, a statistician who runs GRI Research in Lawrence, said research showed the vast majority of such votes across the country had ended in victories for anti-smoking forces.

“They overwhelmingly lose the recalls,” Kingsley said of ban opponents in other communities.

The smoking ban goes into effect July 1.