Smoking law wins plaudits, scorn

Opponents predict success in drive to force February vote

A national anti-smoking group is honoring Lawrence for the city’s new ban on smoking in indoor public places, but opponents still are vowing an electoral challenge to the law.

The Lawrence City Commission on Tuesday received an “Award of Excellence” from the Americans for Nonsmokers’ Rights. Kathy Bruner, chairwoman of Clean Air Lawrence, the local group that pressed for the ordinance, presented the award.

Americans for Nonsmokers’ Rights is a national anti-tobacco lobbying organization that says it has promoted “clean-air” ordinances in more than 1,700 cities across the United States.

“This commission looked at the persuasive (scientific health) data and did the right thing,” Bruner said.

But Jerry Neverve, owner of Red Lyon Tavern, 944 Mass., said the ban was hurting business for Lawrence bars and restaurants. He said a survey of 30 businesses showed a 5 to 35 percent drop in revenues since the ban took hold July 1.

“I just did my August numbers — we’re down 11 percent from last year,” Neverve said. “July was down 4 percent.”

Those claims created a muted response from commissioners Tuesday as they received the award.

“I appreciate the thought,” said Commissioner Boog Highberger, who was a pivotal vote in support of the ban. “But I think we should remember there are some people who are experiencing some hardships because of this.”

Bar and restaurant owners say they’ve collected roughly 4,000 signatures of registered voters to force the

matter to an election during the expected City Commission and school board primary election in February. Just 3,764 signatures are needed, but Neverve said signatures would be collected through late November.

City ordinance prohibits smoking “in all enclosed facilities within a place of employment without exception.” Violation is a misdemeanor crime; the penalty would be assessed against the business owner, with a $100 fine for the first violation. Smoking is still allowed on the outdoor patios of businesses.

Two citations have been issued, officials said Tuesday. Stu’s Midtown Tavern, 925 Iowa, has paid $100 for a violation; a charge against Coyote’s, 1003 E. 23rd St., is still pending in Lawrence Municipal Court.

But the citations may be less threatening to bar owners than the perceived loss of business.

“There’s no difference with me, other than the ban,” Neverve said. “For the first six months of 2004, I was up an average of 12 percent a month. July 1 hit, and we’re no longer at that point. We’re below last year’s sales.”

Bruner was skeptical of such claims, suggesting the ban has made businesses more welcoming to nonsmokers.

“We’re very anxious to see what receipts look like for the quarter,” Bruner said. “But it would occur to me I see a lot more people out and about than I did before. It’s fun to go out in Lawrence.”

City officials said Tuesday they did not yet have a method, or enough information, to measure the ban’s effects on sales.

Commission honors 150th birthday planner

The Lawrence City Commission at its meeting Tuesday honored Clenece Hills, president of the Lawrence Sesquicentennial Commission, with a surprise gift in recognition of her years-long effort to organize this weekend’s events honoring the city’s 150th birthday.

Commissioner Sue Hack, left, presents a vase to Clenece Hills during the City Commission meeting. Hills was honored Tuesday for leading the city's Sesquicentennial Commission.

“I’m not so sure Clenece won’t be there in 50 years, helping plan the bicentennial,” Commissioner Sue Hack said, before presenting a vase — inscribed with thanks to Hills — that had been made at Free State Glass.

Everyone then sang “Happy Birthday” to Lawrence; birthday cookies inscribed with the word “Amos” in honor of the city’s namesake, Amos Lawrence, were passed out to people attending the meeting.