Bars, clubs included in Austin smoke ban - ordinance allows tobacco in billiard halls, bingo parlors

Austin American-Statesman ^ | June 6, 2003 | By Stephen Scheibal

[MeekOneGOP]

Bars, clubs included in Austin smoke ban

Final city ordinance allows tobacco in billiard halls and bingo parlors but not in restaurants

An ordinance approved by the Austin City Council on Thursday will: •Ban smoking in bars, restaurants and music venues. •Allow smoking in billiard halls, bingo parlors and meeting halls for fraternal organizations. •Allow smoking within 15 feet of an establishment's door and in open-air patios. •Take effect Sept. 1.

By Stephen Scheibal

AMERICAN-STATESMAN STAFF

Friday, June 6, 2003

Austin Mayor Gus Garcia preserved his 4-3 majority Thursday night to install a strict new smoking ban in the city's restaurants, bars and music venues.

The proposal would still allow smoking in billiard halls, bingo parlors and meeting halls for fraternal organizations.

But Garcia and other supporters of the ordinance narrowly dodged an exception that would allow smoking cigarettes in bars and music clubs. Owners of such establishments had warned that a ban might cut into business at a difficult economic time.

"I think it's very clear there will be an economic impact," Council Member Raul Alvarez said. Referring to clubs that have vanished from Austin's music scene in recent years, he added, "I know we're all very sensitive about not losing any more Liberty Lunches and Electric Lounges."

But health groups discounted the financial fears and said the proposal was needed to protect workers and patrons from secondhand smoke.

"Almost 25 percent of the U.S. population now lives in places that already have ordinances like this in place," said Ken Pfluger, chairman of the Tobacco-Free Austin Coalition, a group of health organizations that has led the charge for a total ban. "All the evidence points to the fact that business does not deteriorate."

The ordinance does not take effect until Sept. 1, meaning a new council might still have time to overturn it. Council Member Will Wynn, who voted against the ordinance, will soon become mayor, replacing Garcia, who steps down next month. Saturday's runoff election to replace Wynn pits Brewster McCracken, who opposes the regulations, against Margot Clarke, who favors them.

Wynn said he expects the next council to take the ordinance up again. The council also formed a task force to report back on the issue in August.

"As we saw late tonight, there's still a lot of definitional confusion," Wynn said.

It was far from certain that the exemption for bars would fail. Council Member Danny Thomas, a member of the 4-3 majority that endorsed the ordinance in two preliminary votes, made it known this week that he would not oppose a measure exempting bars from a ban.

Alvarez proposed the exemption, which would have allowed smoking in establishments that earn more than 51 percent of their quarterly income from alcohol. But Thomas said that might still force diners sitting near a restaurant bar to breathe secondhand smoke.

"I said bars," Thomas said, adding that he couldn't find a way to narrow the definition. "I wanted (tobacco-free) restaurants. I made that very clear."

Garcia originally proposed a total ban to avoid charges that the ordinance would give bars an advantage attracting smokers.

Such arguments re-emerged Thursday night. Bob Cole, a radio talk show host who owns Hill's Café in South Austin, showed up to argue against an ordinance that would target restaurants but not bars.

"It's third reading," Cole said, adopting the council jargon for a final vote. "That's way new."

Another pitfall opened up Thursday when the council received a letter from an Austin lawyer representing the East Sixth Street Community Association, a group of business owners, property owners and residents.

The letter stopped short of threatening a lawsuit. But it said six issues made the ordinance unfair or illegal, including inconsistencies with state law and discriminatory exemptions.

"At issue here is not whether smoking tobacco is 'good' or 'bad.' What is at issue here is the extent to which the city may dictate to its citizens what is good or bad for them," wrote Jennifer Riggs, the association's lawyer. She added, "The issue here is over far more than smoking."

But proponents of a ban rejected the notion that the ordinance could be overturned in court.

"It's been done in so many places before," Pfluger said.

Council members also met a fresh lobbyist in Mike Sheffield, president of the Austin Police Association. He said he told some council members Thursday that the ban would be difficult to enforce and would throw police in the middle of a fight that's left strong feelings on both sides.

"I have an incredible visual," echoed Council Member Jackie Goodman, an opponent of the ordinance. "911, there's a smoker."

sscheibal@statesman.com; 445-3819

[VRWC_minion]

I love the smell of a wood fire. Maybe you guys could get the tobacco companies to change the stench or is the stench a required part of the smoking ambience ?

[headsonpikes]

"I love the smell of a wood fire."

That's fine for you, but if you have children, they should be removed from your abusive care.

The smoke from burning wood is substantially the same as that of burning tobacco.

Of course, you know all this.

You have a great deal of fun on these smoking threads mocking the apparent futility of efforts by smokers to be treated as other than dysfunctional social lepers.

You present the fait accompli of the many successful smoking bans as a sufficient counter-argument to all the carefully thought out defences of property rights, personal liberty, and etc.

IMO, it is the very process of seeing reason scorned and evidence distorted that leads people to realize that there is little overlap between, one the one hand, the interests of the Government and its minions, and on the other, the interests of the people.

Creating exhaustive controls over public smoking is merely one facet of the overweaning perfectionist ambitions of the proto-totalitarians who staff the 'public services'. The triumphalism of these social engineers merely speeds the day of reckoning. ;^)

Without the stumbling-blocks, there would be no material for stepping-stones.

[VRWC_minion]

Don't worry, we have electric heat.

[headsonpikes]

"Don't worry, we have electric heat."

That's quite the response to my post.

[jpsb]

One must go to a mall in Houston if one wants to do any real shopping. It is a no choice situation.

I own a bar in the Houston area, I hope Houston follows Auston. My business will increase greatly as Houston bar hopper flee the city. Watch the increase in business in bars just outside Austons' city limits.

[Proud_texan]

"The champions of the Smoke Ban in Austin are band members and waitstaff."

Hardly conclusive but all the interviews I've seen of workers said they'd rather not see the ban, they're much more concerned about patrons that "refund" on them after popping a dozen dollar jello shots.

Of course it is Austin, the only city (as far as I know) that provides city funded, no questions asked, on the spot abortions. Of course is you exist outside of the womb you're to be protected. Don't ride a bike without a helmet in Austin.

Lesee now. If you're not born yet the city will pay to suck your brains out but if you're born and ride a bike they don't want you to bump your head. Yep, makes perfect sense to me.

And of course, if smoking is really that dangerous they should just make it illegal. I assume that it's illegal to go into a restaurant and spray DDT on workers. If smoke is all that toxic make it illegal and stop restricting what legal activities people can perform on private property.

Of course it's not toxic, some nanny state types don't approve, it's just, well, you know, so common and underclass, so, well, *redneck* and not at all compatible with crystals and Birkenstocks. Pit hair, piercings and tatoos good. Smoking and the Broken Spoke, bad.

Anybody doubts that's what this is really about, well, ya don't know Austin and the mush heads, uh, students at UT get elected every year.

[Hodar]

Anybody doubts that's what this is really about, well, ya don't know Austin and the mush heads, uh, students at UT get elected every year.

Considering one can vote at every HEB, Albertson's and Randalls in town, the malls, AND the normal voting precints; and less than 12% of the population has managed to do so .... we get exactly what we deserve. Actually, we deserve even worse. There's no excuse that <6% of the voting population DETERMINES who wins the election.

[sam_paine]

First Dallas, now Austin.

Austin imported strip malls, then Californians, now smoking bans. Austin has just succeeded in becoming just another Dallas or Houston. Bye bye "weird Austin" forever.

[Destructor]

This was Mayor Gus Garcia's legacy to Austin. Mayor Garcia plans to retire from politics, and move to Mexico!No, I'm not joking. He's said as much himself.

[Hodar]

You can't smoke in theater's, sporting events, concerts, plays, operas, or any other indoor (and some outdoor) public performance, because a majority of the people don't want to breathe SHS. Why would a bar be any different?

You can still smoke; just not there. You can still carry a firearm; just not there. Your rights are not being violated, you are just being prevented from pushing your right to smoke above the majority's right to breathe clean air.

[sam_paine]

I don't smoke, and I hate SHS.

I don't support a smoking ban in bars.

I have yet to find a smoking ban proponent that is not befuddled as to how I could possibly hold those two positions simultaneously.

It doesn't matter what the "majority" wants, Will Wynn and the recent council runoff election has decided that this will be overturned before it goes into effect.

Nice try.

[unixfox]

Just think if electricity had been discovered today. It would be deemed too dangerous, an environmental risk and an outright public hazard.

[unixfox]

I hope your right, this end run around is nothing short of trying to instill THEIR ideology on a public that simply does not want it.

EFFING BASTARDS !!!

[MeekOneGOP]

Uh, haz anybahdy
seed hillary ??

More bump images HERE !

[MeekOneGOP]

Probably so.

[sam_paine]

Yep. Brewster McCracken's Place was the swing vote on the issue, and he just won the runoff.

But next time.......