A chorus of complaints from restaurant and bar owners has led Lawrence city commissioners to consider a compromise proposal that would lift the city's controversial smoking ban.
At their meeting Tuesday evening, city commissioners heard a proposal from representatives of the city's hospitality industry that would allow smoking to resume in bars, restaurants and other public places but would require those businesses to annually have their air quality levels tested to ensure that nicotine levels do not exceed acceptable air quality standards.
City commissioners agreed to tentatively place the item on their Dec. 14 agenda for discussion.
"You banned smoking because you said it created an unsafe environment for our workers, but I don't think we ever had the opportunity to show that we could create a safe environment," Curt Melzer, an investor in Harbour Lights, 1031 Mass., told commissioners. "This ordinance would give us that chance."
Inspection process
Here's how the ordinance would work under the proposal:
- Any business that wanted to allow smoking would have to apply for a permit and pay a to-be-determined fee.
- As part of the annual permit process, city officials would enter each business and conduct three separate tests of its air quality. City officials, using new high-tech testing equipment, would be determining the nicotine level in the air. Each test would be conducted unannounced and at three different times of day.
- The three test results would be averaged, and that average score would be posted at the entrance of each business. Each business also would be required to have city-approved brochures on hand that explain what the score means.
- Any business that has an air quality score above a to-be-determined level would not be allowed to keep its smoking permit.
6News video: Commissioners to discuss smoking compromise
As cold weather creeps closer, veteran questions smoking ban (11-16-04)Bar and restaurant owners said the likely result of the ordinance would be that businesses that wanted to allow smoking would invest in high-tech ventilation and filtering systems to minimize the effect of secondhand smoke.
Supporters of the compromise said some organizations, like the National Institute on Occupational Safety and Health had determined that small amounts of nicotine in the air were acceptable in the workplace.
Resistance voiced
That idea met with resistance from a leader of the movement to establish the current ban. David Kingsley, who chaired the Mayor's Task Force on Smoking, said he wished the City Commission would not have agreed to consider the compromise.
"You can't really establish any safe level of secondhand smoke," Kingsley said. "I think this is just another ruse on their (the hospitality industry's) part. They're just trying to keep their campaign alive.
"But I can tell you we will be there to oppose this. We intend to fight to keep the ordinance we have."
Smoking ban supporters were not at the meeting to address commissioners. The compromise proposal was not part of the regular agenda, but rather was made during the public comment section of the meeting.
City commissioners agreed to study the proposal but did not indicate whether they thought it ultimately could be adopted. As part of the proposal, commissioners heard from seven business owners or managers who said the ban had negatively affected their businesses.
"I'm not sure I can support what I have in front of me, but I would like to put it on an agenda to discuss," said City Commissioner Boog Highberger. "All I can say is that I deeply regret the negative impact this has had on your businesses."
Phil Bradley, executive director of the Lawrence-based Kansas Licensed Beverage Assn. and a ban opponent, said his group was still considering filing a petition that would force the ban to a public vote, likely during the March 1 city and school primary election. He said he hoped a compromise could be reached that would avert what he thought would be a divisive election.
Some city commissioners, though, said an election might be the wisest way to deal with the issue.
"Democracy is sometimes kind of messy, but maybe the public would be well served to have a thorough airing of the issues and let the voters speak at the ballot box," said City Commissioner David Schauner.
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