Another Ban Failed: TX Galveston
Council votes to keep ban changes
By Ian White, The Daily News
Smoking Ban Gets Semi-Vaporized In Galveston
By Richard Connelly
Sep. 24 2010
Smokers can enjoy a rare victory in the Banning Wars thanks to Galveston.
Galveston City Council Revises Smoking Ban
Smoking Now Permitted in Businesses that Meet Adult Venue Requirements
September 23, 2010
By Galveston.com
After considerable public comment and discussion the Galveston City Council amended the Island’s existing smoking ordinance tonight. The measure passed with Council members Puccetti, Gonzales, Greenberg, and Legg voting in favor and Council member Beeton, Mayor Pro-Tem Colbert, and Mayor Jaworski casting dissenting votes.
Business owners now have the option to meet the City’s “adult venue” definition and allow smoking within their establishments. The revised ordinance will take effect 10 days from the date of posting.
Amendments to Chapter 11.5 of Galveston’s code, “Clean Air: Smoking in Public Places”:
• Smoking is now allowed in bars that meet adult venue requirements. Signage must be posted prohibiting persons under the age of 18 from entering the establishment.
• Smoking is now allowed in private clubs, fraternal organizations, and outdoor seating areas.
• On-premise alcohol consumption is now allowed in retail tobacco shops.
• Smoking is now prohibited within five (5) feet of a doorway or window (in proximity to an establishment where smoking is prohibited).
Galveston’s smoking ban was originally passed in July of 2009 and took effect on January 1st
of this year. The ordinance previously prohibited smoking in bars, restaurants, private clubs,
and outdoor seating areas, as well as areas within 15 feet of a doorway or window (in
proximity to an establishment where smoking is prohibited). In December 2009 the ordinance
was amended to allow smoking in retail tobacco shops on the condition that on-premise
alcohol consumption is prohibited and persons under the age of 18 are barred from entering
the establishment.
Galveston considers a Smoking Ban Point of view
Laura Elder
GALVESTON – After 11 months of discussion, petitions and passionate rhetoric, the Galveston City Council rejected an ordinance that would have banned smoking in restaurants, bars and most other public places.
Hospitality interests fought a total ban proposal
By KEVIN MORAN
The Daily News
February 23, 2006
Council favors strict smoking ban
Daily News – Galveston County – TX,USA
GALVESTON — The Galveston City Council again appears to be poised to ban smoking in bars, restaurants and other indoor, public spaces. …
By Herber Taylor
It’s an idea that Mayor Lyda Ann Thomas has floated. And it’s a good one.
The council, which will meet on Tuesday because of the holiday, has talked about adopting a stronger ordinance.
The seven council members could do that.
But a public vote would give the ordinance more legitimacy.
That legitimacy comes in a couple of ways.
If the council enacted a smoking ban, it might be challenged in court. A public vote, rather than a council vote, might discourage such a challenge.
Far more importantly, this is an attempt to regulate social behavior. Rules made by a majority of residents carry more weight.
If you doubt that, consider how this ordinance is likely to be enforced. Won’t it be by social pressure? Or do you really believe that the city has enough enforcement officers to keep all those tourists from lighting up?
Even if the council declines to put the issue to a public vote, the public might insist on voting anyway. Voters in other cities have.
In Corpus Christi, the city council adopted a smoking ordinance. Voters forced a referendum to repeal it, but most voters supported the ordinance.
Lubbock had a similar experience.
In Austin, the city council adopted an ordinance, but the voters wanted a stricter one. The public got a stronger ordinance by referendum.
In Amarillo, voters initiated a drive for a smoking ordinance. That referendum failed.
Voters in different cities have made different decisions. But in each of these cases, the matter was put to a popular vote.
If the council puts the matter on the ballot in May, the public won’t have to bear the cost of a special election. If the council gets a proposed ordinance out by January, the voters will have time to debate it.
The devil will be in the details of the ordinance.
Some people favor a ban of smoking from all public places. They point out that the council has a duty to protect the public’s health as well as the public’s safety.
Others, including this newspaper, have argued that businesses in Galveston already provide a choice. Some allow smoking, while others don’t. The argument is that businesses are in a better position than the council to decide what their customers want.
That line of this debate asks a voter to weigh his concern for public health against his aversion to interfering with private business.
But what about an ordinance that gave people additional protections and business owners some options?
What about an ordinance that allowed smoking in bars but banned smoking from public dining rooms? And what if it allowed business owners to permit smoking in separate, enclosed dining rooms or outdoors?
Wouldn’t you like to hear the public debate on that?
(11/02/05 – KTRK/GALVESTON, TX) – Galveston residents are speaking out about a possible smoking ordinance in bars and restaurants on the island.
THIS IS NOT A HEALTH ISSUE
comes when you compare it to any other legitimate health issue that is
regulated in such establishments.
and rodents, to name a few. These standards are universal and no one will
disagree with their need.
one would sell pots and pans. But that is exactly what is happening. From
state to state and city to city, anti-smoking special interest groups are
selling an idea that they can”t even show with real world proof causes what
they claim. If passive smoking really kills where is the documented
evidence? Will names, addresses and health records of the dead be made
available? Or are the harms based on mathematical theories that are called
fact but do not take into account real world conditions?
proves the answer is yes is lawsuits. Litigation is not something done for
fun. It is risky and very expensive. Yet lawsuits have been filed from
Washington state to Florida and from Arizona to Massachusetts over
mandatory smoking bans. Millions sometimes are invested in these
businesses and the owners feel they have no other choice. They feel they
should maintain the freedom to do what is best for their own business and
private property.
health at the expense of hard working men and women in this nation. This
political cancer must be stopped!
President and founder
Smokers Fighting Discrimination, Inc.
A not for profit organization
P O Box 5472
Katy, Tx 77491
Phone: Day: 713-977-2456 Eve: 281-347-8780
Email: sfdsmoke@hal-pc.org
Pickrell has been an unpaid activist for the fair treatment of smokers
since 1993 and a crusader against the use of junk science in public policy
matters.
October 28, 2005 By Dave Pickrell
Smoking bans in restaurants and bars are not a health issue.
The Daily News
Published October 17, 2005
When: 6 p.m. Nov. 1.
Where: The gymnasium at the Island Community Center, 4700 Broadway in Galveston.
April 23, 2005
http://galvestondailynews.com/story.lasso?ewcd=ac73904a3841963f
The Daily News
April 15, 2005
http://galvestondailynews.com/story.lasso?ewcd=355dde9383d8603d
