Petition to challenge smoking ban

Ordinance's foes hope to force citywide vote

Nancy Hadley wants to sign the petition to overturn the soon-to-be ban on smoking in Lawrence workplaces, but being a Baldwin resident, her name on the petition wouldn’t count.

“I would like to be able to sign the petition, yes, I wish I could,” Hadley said. “I would vote against the smoking ban, even though I am a nonsmoker. But I believe there’s enough people that will be signing the petition that it will come to a referendum.”

The proposed petition to overturn the ban has been approved by Douglas County Counselor Evan Ice, though he recommended the petition be reviewed by another attorney to make sure it is not thrown out on a technicality after organizers gather the necessary signatures.

Once that review has taken place, it will be up to petition supporters to collect at least 3,764 signatures of registered Lawrence voters by August to force a citywide referendum on the issue in November.

When the signatures are collected, they will be checked by the Douglas County Clerk’s Office.

Anyone signing the petition must already be on the rolls as a registered voter in the city of Lawrence.

“Even if it’s the same date as the date they signed the petition we’ll make it a valid signature,” County Clerk Patty Jaimes said. “But you couldn’t sign it today and register tomorrow … no, that would not be a valid signature.”

Getting registered voters to sign shouldn’t be a problem, said patrons of the Red Lyon Tavern, 944 Mass. The tavern’s owner, Jerry Neverve, is among those leading the fight against the no-smoking ordinance.

“I don’t know a lot of people who aren’t registered, but I know a lot of people planning on signing the (petition),” said Craig Byers, a Red Lyon patron and registered Lawrence voter.

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.

The ordinance goes into effect July 1.

Organizers of the effort to repeal a citywide smoking ban hope to gather enough signatures to force a referendum on the ban that takes effect July 1.A kickoff rally is being planned but has not yet been announced.To sign, petitioners must be:¢ A Lawrence resident.¢ Registered to vote in Douglas County.

If the requisite number of signatures on the petition are validated by the county clerk, the petition will be forwarded to the City Commission.

“If they get a successful petition, the City Commission can either adopt the ordinance, which would be a repeal ordinance, or the commission can set it for election,” said Assistant City Manager David Corliss. “If the election favors the repeal ordinance, the city will adopt it. The City Commission has the legal obligation to adopt the ordinance or set an election.”