Tuesday, May 13, 2008

Richardson City Council bans smoking in most businesses, including restaurants

By Andrew Laska of Richardson Echo

RICHARDSON — On Monday, the Richardson City Council passed tighter smoking regulations which will eliminate smoking in many public areas. The decision came after seven public meetings that sometimes created contentious public debates including some tension between council members. Exemptions were added for bars and businesses that primarily exist to sell tobacco.

The new regulations would ban smoking in most restaurants. Exceptions would be made for patio areas that are more than 10 feet away from the main entrance of the building. Businesses which produce 70 percent or more of their income from the sale of alcohol would be exempt. Businesses which produce 50 to 70 percent of their income from alcohol sales could provide a smoking area provided that the smoking area was separated by walls and used a separate ventilation system. Businesses which produce 90% or more of their income from tobacco sales are exempt.

All businesses that are smoke free or allow smoking would be required to post a sign, designed by the city, which informs entering patrons of their smoking status.

The city council opinions appeared to be bouncing around since February. Originally at the end of March it appeared that there would be only a moderate expansion of the city’s smoking ordinance. Then Mayor Steve Mitchell, in a surprise move, in late April suggested a sweeping ordinance which would ban most smoking within the city and this approach was tentatively backed at the May 5 work session. However, Mayor Mitchell surprised the crowd in attendance Monday by suggesting yet a third variation.

All of this discussion produced contentious debate. One grassroots group produced a website aimed at promoting a completely smoke-free Richardson. Other people became concerned with the potential loss of the hookah lounge trend that has popped up in parts of Richardson.

The April change produced claims that there was back-room maneuvering and angered some citizens and council members. At that point, city council meetings and work sessions became somewhat hostile.

Several small business persons, mostly bar owners or hookah lounge owners, spoke at the May 5 city council meeting and expressed their concern that they would possibly go out of business because smoking patrons would go elsewhere. Many made impassioned and emotional pleas discussing six-figure investments in their businesses and said their life savings were put into these businesses.

Several owners or representatives pointed out that they had locations in other cities that lost business permanently when those cities went totally smoke-free. Other speakers speaking in favor of a strong smoke-free ordinance cited statistics stating that business returns to smoke-free cities.

One representative said she was speaking for a proposed sports bar which was possibly going to be placed in the new Brick Row development and run by the Campisi family. She stated that a complete smoking ban would eliminate that possibility and "take it off the table."

One interesting string of speakers on May 5 came from patrons of hookah bars. They argued that Richardson would be eliminating an interesting and vibrant cultural element if it banned smoking. They also argued that these establishments are generally limited to adults who choose to be exposed to smoke.

On the other side, there were many residents that stated that they could not and would not go into many Richardson restaurants and bars because of a “wall of smoke.” Many stated they intentionally went to Plano and Dallas for dining because of their smoke-free ordinances. Others cited it as a public health issue and argued that the city has a duty to protect public health just as it does for restaurant inspections.

The council in its May 5 deliberations adjusted the original proposed time for the ordinance to go into effect from 90 days to January 1, 2009. Exceptions were also made for dining areas on patios.

Mitchell’s suggestions put forth on Monday were adopted with the addition of a 10-foot zone protecting entrances of restaurants which might be near patios as suggested by council member Gary Slagel and council member Dennis Stewart’s attempts to close loopholes for enclosed patios.

Several audience members I spoke to said they wondered why the council simply did not begin discussion with such a compromise weeks ago rather than spending weeks moving around on the issue. Opinions were mixed on the compromise with complete ban supporters expressing some disappointment, some smoking ban opponents saying that hookah bars were still at risk, and the largest group (but perhaps not a majority) saying it was a fair compromise. I think the disappointment and concerns reflects the strong variety of opinions that the issue generated and when listening to some groups discussing the matter I heard the phrase "flip flop" mentioned a few times.

The president of the University of Texas at Dallas student government presented a declaration by the student government council opposing a smoking ban specifically because of the hookah bar issue. He stated that many students attend the hookah bars as a way to relax and to socialize. The declaration was made in part because in previous meetings some proponents of a ban argued that smokers were likely to be less educated. This irritated some professionals who apparently are regular customers at the hookah establishments. With this UTD declaration council member John Murphy declared the idea that all smokers are less educated as "debunked."

Still some audience members still thought the regulations did not protect hookah bars. Some stated that the 90 percent requirement of tobacco sales for exemptions of non alcohol establishments would likely not be met because hookah bars derive their income from food and non alcoholic drinks in addition to tobacco. During deliberations this prompted council member Bob Townsend to ask other council members if they wanted to change the 90 percent requirement. Other council members rejected moving from the 90 percent requirement for tobacco businesses and even Mr. Townsend himself noted that he brought it up because of citizen inquiry and not because he supported such a change.

After this discussion and public comment, which was much less heated than the May 5 council work session, the council voted 7-0 to adopt the new smoking ordinance. It will go into effect on January 1, 2009.

Pegasus News content partner - Richardson Echo

Related stories

• Richardson City Council review — May 12, 2008 (May 15, 2008)

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• Politics and Government > City Government > Richardson

Comments

Pavel Lishin Verified

Oh Jesus here we go again.

3 months, 2 weeks ago ( Link to this comment | Suggest removal )

Rick Yost Verified

Pavel- Oh yes little 'grasshopper'. This thread will now only end when you can snatch the cigarette butt from my hand.

Everything...is only a matter of time.

We pay no attention to what is silently lost. We are too busy placating its loud-mouthed brother to notice.

3 months, 2 weeks ago ( Link to this comment | Suggest removal )