The ashtrays outnumber the customers at
Mac’s Lounge on Tuesday night and, of the dozen-or-so
patrons, only a few are smoking. Two of them, Rufus Wallace and Ernie Drake,
agree that smoking is unhealthy, though their opinions diverge on
the question of whether the Springfield City Council should impose
a citywide smoking ban. “They’d probably save ol’
Uncle Ernie’s life if they did that,” Drake says. But banning smoking, Wallace says, would be a
slippery slope to government regulating other personal freedoms:
“Next thing you know they’ll be telling us how many
babies we can make.”
After two hearings on the topic, and lukewarm
public debate, Ward 10 Ald. Bruce Strom finally introduced an
ordinance on Tuesday to prohibit smoking in, and up to 10 feet away
from, all indoor public places and private clubs. Motel and hotel rooms and nursing homes would
have an exemption, as would private homes and cars. Businesses
could also designate patios and other outdoor spaces as non-smoking
as well. To comply with the ordinance, businesses must
remove ashtrays and post “no smoking” signs. If they
fail to do so, owners could face a $100 fine for the first offense
and up to $500 for three, and subsequent, violations in a year.
Customers caught smoking can be also be fined $50 under the
proposed law. The long-awaited ordinance, which, according to
Strom was being tweaked up until Tuesday morning, would become
effective within 60 days of passage. According to its current language, the
primary responsibility of enforcing the law would fall on the
Springfield Office of Public Health. The Building and Zoning
Division and the Springfield Police Department could also monitor
whether businesses are complying with the ban while performing
routine inspections and other duties. Proponents of the ban point to a study
conducted this summer showing that 83 percent of Springfield
residents do not smoke and 65 percent support a total ban. Its
opponents, however, mostly bar and restaurant owners fear their
customers will go to county taverns if a ban is imposed. Ward 2 Ald. Frank McNeil, among the
council’s most vocal critics of the proposed ban, says that
the key issue is the fundamental right of businesses to control
what goes on in their establishments. While he believes the ordinance will pass,
albeit with a fight, Strom says that should the council vote
against his measure, he “would be interested in having a
conversation” with Sangamon County Board chairman Andy Van
Meter about the possibility of a county-wide smoking ban.
This article appears in Nov 3-9, 2005.
