Madison County Update
Board clarifies smoking ban
10/4/07
Bryan Marshall, Register News Writer
Bryan Marshall, Register News Writer
The Madison County Board of Health dealt Wednesday with a clarification of one aspect of the recently enacted smoking ban.
Jim Rousey, public health director for the Madison County Health Department, received a letter in August asking for clarification about whether or not the staff residences of Independent Opportunities, a London-based human services company that provides 24-hour staffed group homes to individuals diagnosed with mental retardation and/or developmental disabilities, would be considered a health care facility.
As a health care facility, the homes would be included in the places where smoking is prohibited within the Clean Indoor Air Regulation passed by the board.
If deemed a private residence, the occupants then would be allowed to smoke without violating the regulation.
Ultimately, the board voted nearly unanimously to deem the homes as health care facilities rather than private residences.
“We’re not here to argue against the smoking ban or to ask for an exemption,” said Cory Erdmann, an attorney representing Independent Opportunities. “We just think there is a gray area in what the term health care facility is.”
“It’s our position that our homes are exempt under the smoking ban and are not covered by it,” he said. “It would be similar to a situation where you had a live-in housekeeper at all times.”
Dr. John Johnstone, a board member, said he felt strongly that the homes were a business and were definitely covered by the regulation.
“I don’t see where the difference is between this and a day care center, and I don’t think anyone would question not smoking there,” he said. “I also would be concerned about the mentally handicapped person who doesn’t smoke, but might be in there with smokers.”
Board member Michael Oliver was the only one to vote against classifying the homes as health care facilities.
“If these people are being put in a position where they at least should feel that it’s their home, for us to say that we need to protect them from themselves is more of the Big Brother syndrome, in my mind,” he said. “If I had someone who was mentally retarded, and I was able to put them in a position like that, I would want them to not have any more rules and regulations than I have. We need to be careful about restricting what freedoms they can have.”
Health board passes smoking ban
Regulation to go into effect in 60 days
?
April 12, 2007
Bryan Marshall, Register News Writer
?
Dr. Stuart Tobin, chair of the Madison County Board of Health, called it “in many ways, the health board’s proudest moment.”
?
The health board became the first of its kind in the state Wednesday night to pass a clean indoor air regulation designed to protect public health by prohibiting smoking in public places and places of employment.
?
The regulation, which is scheduled to go into effect in 60 days, will prohibit smoking in bars, restaurants, retail stores, sports arenas and convention halls, health-care facilities and other public places.
?
Places where smoking will not be regulated include: private residences, except when used as a child-care, adult day-care or health-care facility; no more than 25 percent of hotel or motel rooms rented to guests; outdoor areas of places of employment and retail tobacco stores.
?
“I think this action has probably saved more lives in Madison County than any physician could ever hope to on his or her own,” said board member Dr. John Johnstone. “I think we’ve made a tremendous step forward.”
?
After approving a first reading in December, the ban was put on hold in February as the board made several amendments to the regulation during its February meeting taking into account comments made during a public forum.
?
The second and final reading of the regulation Wednesday came with considerably less fanfare than earlier meetings with a discussion and a vote on the issue lasting less than 10 minutes.
?
“I’m of the opinion that this health board should not be passing this regulation nor do we have the right to pass this regulation,” board member Michael Oliver said to open the discussion.
?
“The (state attorney) has determined a legal opinion that the board has the authority under (state law) to enact this regulation,” Jim Rousey, public health director of the Madison County Health Department, said in response. “So, that question (of legality) has been settled.”
?
After the brief comments, the members voted 10-1 to pass the regulation with Oliver casting the only dissenting vote.
?
The health department and the board of health have been dealing with the issue of secondhand smoke for several years.
?
In October 2003, the board adopted a resolution giving support to local governments and businesses to address the issue, and a media campaign followed.
?
A series of public forums on the topic also were organized and the department enlisted several Berea College students to conduct a random telephone survey to gauge the community’s thoughts about possible smoking restrictions.
?
In July 2006, the health department released results of local air-quality readings taken by researchers at the University of Kentucky in September 2005 that were compared with readings taken in similar establishments in other cities where laws or ordinances require them to be smoke-free, including New York and Bloomington, Ind.
?
After the board passed the first reading of the regulation, about 200 people turned out in mid-January to debate the ban with more than 35 people — evenly split between proponents and opponents of the regulation expressing their opinions during a 90-minute forum at Eastern Kentucky University’s Perkins Building.
?
With the passage of the regulation, Tobin acknowledged all the people, from health department employees to the community, who have participated in the lengthy process.
?
“I want to thank everyone on the board who worked so hard and had to take and absorb all sorts of positive, negative and controversial information and speak their conscience,” he said. “I want to thank those who supported (the regulation.) I want to thank anyone who opposed it for having the freedom to come out and speak their mind and know that we want to listen and hear what people have to say.”
?
As of the beginning of January, 13 communities — Ashland, Elizabethtown, Frankfort, Georgetown, Henderson, Lexington, Louisville, Morehead, Paducah, Paintsville, Daviess County, Letcher County and Oldham County have passed smoking ordinances or regulations with about a dozen other cities statewide considering similar action.
?
Bryan Marshall can be reached at bmarshall@richmondregistercom or 624-6691.
Regulation to go into effect in 60 days
?
April 12, 2007
Bryan Marshall, Register News Writer
?
Dr. Stuart Tobin, chair of the Madison County Board of Health, called it “in many ways, the health board’s proudest moment.”
?
The health board became the first of its kind in the state Wednesday night to pass a clean indoor air regulation designed to protect public health by prohibiting smoking in public places and places of employment.
?
The regulation, which is scheduled to go into effect in 60 days, will prohibit smoking in bars, restaurants, retail stores, sports arenas and convention halls, health-care facilities and other public places.
?
Places where smoking will not be regulated include: private residences, except when used as a child-care, adult day-care or health-care facility; no more than 25 percent of hotel or motel rooms rented to guests; outdoor areas of places of employment and retail tobacco stores.
?
“I think this action has probably saved more lives in Madison County than any physician could ever hope to on his or her own,” said board member Dr. John Johnstone. “I think we’ve made a tremendous step forward.”
?
After approving a first reading in December, the ban was put on hold in February as the board made several amendments to the regulation during its February meeting taking into account comments made during a public forum.
?
The second and final reading of the regulation Wednesday came with considerably less fanfare than earlier meetings with a discussion and a vote on the issue lasting less than 10 minutes.
?
“I’m of the opinion that this health board should not be passing this regulation nor do we have the right to pass this regulation,” board member Michael Oliver said to open the discussion.
?
“The (state attorney) has determined a legal opinion that the board has the authority under (state law) to enact this regulation,” Jim Rousey, public health director of the Madison County Health Department, said in response. “So, that question (of legality) has been settled.”
?
After the brief comments, the members voted 10-1 to pass the regulation with Oliver casting the only dissenting vote.
?
The health department and the board of health have been dealing with the issue of secondhand smoke for several years.
?
In October 2003, the board adopted a resolution giving support to local governments and businesses to address the issue, and a media campaign followed.
?
A series of public forums on the topic also were organized and the department enlisted several Berea College students to conduct a random telephone survey to gauge the community’s thoughts about possible smoking restrictions.
?
In July 2006, the health department released results of local air-quality readings taken by researchers at the University of Kentucky in September 2005 that were compared with readings taken in similar establishments in other cities where laws or ordinances require them to be smoke-free, including New York and Bloomington, Ind.
?
After the board passed the first reading of the regulation, about 200 people turned out in mid-January to debate the ban with more than 35 people — evenly split between proponents and opponents of the regulation expressing their opinions during a 90-minute forum at Eastern Kentucky University’s Perkins Building.
?
With the passage of the regulation, Tobin acknowledged all the people, from health department employees to the community, who have participated in the lengthy process.
?
“I want to thank everyone on the board who worked so hard and had to take and absorb all sorts of positive, negative and controversial information and speak their conscience,” he said. “I want to thank those who supported (the regulation.) I want to thank anyone who opposed it for having the freedom to come out and speak their mind and know that we want to listen and hear what people have to say.”
?
As of the beginning of January, 13 communities — Ashland, Elizabethtown, Frankfort, Georgetown, Henderson, Lexington, Louisville, Morehead, Paducah, Paintsville, Daviess County, Letcher County and Oldham County have passed smoking ordinances or regulations with about a dozen other cities statewide considering similar action.
?
Bryan Marshall can be reached at bmarshall@richmondregistercom or 624-6691.
Madison County
http://www.madisoncountyky.us/
Madison County is one of the fastest growing areas in Kentucky. It is rich in heritage and history. The County is unique in that it has two townships, Richmond and Berea. The County sits next to Fayette County with the Kentucky River as its border and is minutes away from Lexington.
Madison County is a blend of urban, suburban and rural environments. It is a rapidly growing county enjoying both residential and industrial growth.
http://www.madisoncountyky.us/
Madison County is one of the fastest growing areas in Kentucky. It is rich in heritage and history. The County is unique in that it has two townships, Richmond and Berea. The County sits next to Fayette County with the Kentucky River as its border and is minutes away from Lexington.
Madison County is a blend of urban, suburban and rural environments. It is a rapidly growing county enjoying both residential and industrial growth.
