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SMOKING BAN SUBJECT OF LIBERTARIAN MEETING

By:  Terry Gray

Last Thursday evening the local Libertarian Party focused its monthly meeting on Constitutional rights amidst the Smoking ban controversy.  In attendance were Kentucky Senator Dan Seum, Louisville Metro Councilman Doug Hawkins, and John Riley of Stop-the-Vet.

Senator Dan Seum

The focus of the meeting was the proposed Smoking ordinance which bans smoking from all public buildings.  The ordinance was introduced to the Metro Council by Doug Hawkins last week in hopes of a swift defeat of the proposal. 

Major opposition to the ban is underway from several organizations including, Louisville Freedom Coalition, Metro Louisville Hospitality Coalition, and smoking and non-smoking private citizens.  A petition drive is currently underway, and a rally is scheduled for Tuesday, September 16 at 5:00 PM on the steps of the Metro Courthouse at 6^th and Jefferson.  A Metro Council hearing will follow at 6:00 PM at the council chambers.  A second Metro Council hearing will be held at 6:00 PM at the council chambers on September 24.

Councilman Hawkins is urging the citizens of Louisville to get involved with this issue and write to the Board of Health at boh@loukymetro.org and tell them they oppose the ban.  ALSO VERY IMPORTANT is the Joe Elliot show on 84 WHAS on Monday night (tonight) from 9:00 PM until 12 midnight.  Tina Ward-Pugh will be a guest and supports the ban.  “We need to let Councilwoman Pugh know that we disagree with this legislation,” said Councilman Hawkins.  The number for Joe Elliot’s show is 571-8484.

Anti-smoking factions, Smoke Free Louisville, a group which publishes lists of non-smoking restaurants in Jefferson County and The Jefferson County Board of Health are opposing the introduction of the ordinance at this time, saying that Councilman Hawkins is attempting to, “…undermine the democratic process.”  Councilman Hawkins said that, “…the ordinance that I submitted to the council was identical to the one submitted to me by the Board of Health,” and maintains that the proposed ordinance will undermine the Constitutional rights of private property owners in Jefferson County.  He anticipates a vote on the proposal within 3 weeks.

Councilman Doug Hawkins

One issue is the right of private property owners to decide how to run their businesses.  There are currently over 300 non-smoking restaurants in Jefferson County whose owners have voluntarily chosen to be smoke free, providing ample opportunity for non-smokers to eat in a smoke-free environment, while leaving non-smokers and smokers alike free to choose where they prefer to eat.

Another issue is the use of $88,000 of tobacco settlement money by the Board of Health to lobby local government and fund their lobbying campaign for this proposed legislation.  Councilman Hawkins said he opposes the use of tobacco settlement money by a government organization to lobby government.  An initial financial records audit of The Board of Health has been conducted with a follow-up expected soon.   Senator Seum said that he will open an investigation at the state level of the use of the $88,000.  “I need that on paper.  If I take that to committee in Frankfort, they’ll have a fit.”

Louisville Metro Health Department acting Director Kraig E. Humbaugh, in response to a memo from Councilman Hawkins’s office, said that of the $88,000 budgeted for Health Department Funding and Programs for Tobacco Control, $38,500 had been used as of August 13 of this year.  An additional $3,500, pulled directly from the General Fund, has been used for legal fees in regard to the proposed ordinance.  The City Attorney would have handled the legal aspect for free.

Importance was placed on the economic impact on Louisville and Jefferson County should a smoking ban be successful.  Proponents of the ban say that there has been no evidence of a negative economic impact in other areas of the country that have legislated anti-smoking ordinances.  Until recently, there were no data concerning how smoking bans had affected restaurants and bars.

I gathered some information from various sources such as the New York Post, the Arizona Republic – Tempe Arizona, KYW-TV3 – Philadelphia, Grand Junction Daily Sentinel – Colorado, Argus Leader – South Dakota, Dallas Morning News – Dallas, Associated Press – Delaware, New York, Wisconsin and Montana, Globe – Massachusetts, Register Guard – Eugene Oregon, Lexington Herald Leader – Lexington Kentucky, among others.

Where some of the stories are quotes from restaurant and bar owners attesting to the decline of their business due to smoking bans, other stories are supported by government revenue records, confirming the statements of those in the hospitality business.

State officials in Delaware estimate a $15 million loss to the general fund this fiscal year and $20 million next year.

A New York Post survey in New York recorded declines in the hospitality business between 10 and 50% since the smoking ban.

In Rochester Minnesota, the American Vets have moved their annual convention in 2005 to Kansas City because of the smoking ban in Rochester.

In Tempe Arizona, after a record 14 straight months of declining sales taxes, blamed partially on the city’s indoor smoking ban, Tempe said Friday that it plans to cut 100 municipal jobs to make up a projected $8.2 million budget shortfall.  (note:  this article is from September 2002.  I contacted the Arizona Republic newspaper to follow up on the firings but my calls weren’t returned.)

The consensus is widespread among bar and restaurant owners and those suppliers that deal with the hospitality industry that smoking bans are killing local businesses and hurting tax revenues for government.  Some state and local government officials reluctantly agree.

Jeff Klusmeier of the Metro Louisville Hospitality Coalition is adamant about not only stopping this anti-smoking ordinance but waging an offensive effort to stop any further anti-smoking measures.  “We are building this Coalition for the long haul,” he said.

Senator Dan Seum said that he had begun legislation in Frankfort to remove control of tobacco issues from local governments. “I really don’t like where I’m at as far as having to do that because I do believe in local control; I don’t believe in big government, but I don’t know what to do with these people who constantly want to criminalize everything that comes down the road.  I’m floored that we create criminals.  Jefferson County at any one time has 15,000 outstanding criminal warrants.  We don’t have time to lock up the bad guys or anywhere to put them, but yet we think that we think we have to have the smoke police out there.”

Concerning rights and in context with the smoking issue, Senator Seum also noted that alcohol and food are next.  “The fat police are concerned about McDonald’s.  I wonder if the grocery stores have figured out that probably half of everything they have on their shelves has the same content of fat that McDonald’s has.  That when they get done with them, you’re next.”

Donna Mancini, Doug Hawkins, and Dan Seum

Donna Mancini, Chairperson of the Libertarian Party in Louisville, pointed out that the smoking ban concerns privately owned buildings and not public, government buildings.  By state law, local governments may not impose smoking bans on government buildings.  Councilman Hawkins agreed that Department of Health employees would, by state law, be able to smoke in the Department of Health building.

All Jefferson County residents who are concerned with their property rights and their rights in general should contact their Councilperson, their Congressman and Senator, sign petitions, and attend the hearings and rallies.  Non-smokers and owners of non-smoking restaurants, grocery store owners, liquor store owners, fast food restaurants, and smoke shops need to take into consideration that if this ban becomes effective, it is a major blow to all property owners and retail stores.

Personally, I would suggest than in the event a smoking ban becomes an ordinance in Louisville that you remember that this is the doing of the Liberal Democrats’ influence on government.  The fact that government entertains the ideas of these groups should put the fear in you.  I would suggest that you first show how you feel by getting behind the groups and candidates that are fighting for your freedom to choose.  Then show your true feelings when you go to the polls. There is no better way to speak to government than showing them numbers of people in disagreement with their decision.  Your dissatisfaction and your point really become clear when you finalize the conversation by voting them out of office.

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