TERRE HAUTE —
Vigo County Commissioners on Tuesday unanimously voted to publish an amendment to the county’s clear indoor air ordinance that matches a 2011 Terre Haute city ordinance that bans smoking in most places, including taverns and bars, effective July 1.
The amendment is to be published twice. A public hearing would then be scheduled prior to a vote on the amendment from commissioners.
County Attorney Michael Wright said he compared the county and city ordinances “to try to bring those two ordinances so that they are consistent.”
Wright prepared an amendment “making it clear” that the exceptions to smoking areas in a county ordinance would include private residences, except when used as a licensed day care, adult day care or health care facility; hotel and motel rooms rented to guests as smoking rooms, provided it is not more than 20 percent of the rooms; retail tobacco stores, provided smoke does infiltrate into areas where smoking is prohibited; and outdoor areas of employment.
“The city’s ordinance prohibits smoking in all other areas and the proposed amendment would make the county’s ordinance entirely consistent with the city’s,” Wright said.
“Our ordinance would be amended to bring in some of the areas that were originally exempted such as civic organizations, service clubs, patriotic organizations or similar private club organizations,” Wright said.
“The city’s ordinance prohibits smoking in those areas. I tried to make the two entirely consistent so there is no competitive advantage between city establishments and county establishments,” Wright said.
Some tavern owners and leaders of patriotic organizations voiced an objection to prohibiting smoking in their establishments, saying a new statewide smoking law allows smoking in their facilities as an exception.
However, the state law does allow counties and municipalities to establish ordinances that are more restrictive than the state.
“If we can get the [Terre Haute] City Council to go along with the state law, will you go along? That is what we want to do,” Bruce Adelman, owner of Bohannon’s East tavern, told commissioners.
Adelman said he thinks the intent of the county ordinance, with a July 1, 2012, expiration on a smoking exemption for taverns and bars, was just made as a time to revisit the issue.
“I don’t care how it is worded, it was an agreement that they [commissioners] would not even address this issue, not even revisit it until July 1, 2012,” Adelman said. “Not that this would go into effect. I don’t care what that ordinance says. That was not the agreement and I was against the agreement,” he said.
Adelman said the odds of his business “surviving [with smoking banned in taverns] is less than 50/50.”
Cliff Stephens, commander of the Vigo County Veterans Council, said the city and amended county ordinances would “kill our sons of legion programs, our junior programs and our activities that we have for our veterans,” specifically with a reduction in income from bingo.
“We fought for the right. If we want to walk in there and have a cigarette and a drink, that should be our right to do so,” Stephens said.
Mike Davis, senior vice commandant of the Marine Corps League agreed, adding its bingo revenue would be harmed, along with its ability to donate to local organizations. “We should have the same consideration as all of the casinos in the state,” he said, where smoking is permitted.
Andrew Brandt of the Speak Easy Tavern also “likes the state ordinance and the county ordinance as it is” without an amendment. A date and time for a public hearing is expected to be scheduled by commissioners within a week.
Reporter Howard Greninger can be reached at (812) 231-4204 or howard.greninger@tribstar.com
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Vigo County moving toward mirroring Terre Haute smoking ordinance
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