People Ban: MS Amory

Smoking ban sees no action in Amory
September 19, 2007
ROBBY BYRD
AMORY – A proposed smoking ban ordinance will sit on the city of Amory Board of Aldermen’s meeting agenda for at least another two weeks.

Board members again heard public feedback on the ordinance, which initially was discussed in January and then proposed in February, but took no action during the Tuesday night meeting.

A current draft of the ordinance originally was presented at the Sept. 4 meeting, which, according to city attorney John Creekmore, has been revised in light of the most recent federal court ruling on the city of Tupelo’s smoking ban ordinance.

He said the changes have been made to the distances from public buildings where smoking is allowed. According to Creekmore, the current draft is in compliance to all litigation in the matter.

The ordinance, which mirrors the one adopted by the city of Tupelo, would prohibit smoking in all public places in the city of Amory, including restaurants and other retail establishments. The ordinance also would prohibit smoking at all city buildings (and up to 25 feet around all city buildings) and on all city-owned property.

Several Northeast Mississippi communities have tackled the public smoking issue. During the past year Starkville, Tupelo, Oxford, Mantachie, Aberdeen and Nettleton have prohibited smoking in public places. The Corinth Board of Aldermen also is considering a ban in Corinth.

Board members heard from various residents during the meeting as to why the ordinance should not be adopted.

“The EPA’s study on secondhand smoke is a gigantic lie,” said Amory resident Kevan Rye. “I’m a respiratory therapist, and I’ve found research that states secondhand smoke is not dangerous.”

Rye said passing such an ordinance would impose upon his and other smokers’ rights to smoke in public places in the city.

“I know smoking is not good for you, but should we impose our thoughts on the society as a whole?” Rye asked board members.

Rye was asked by board members to submit his research materials to support his claim for their review before the next board meeting on Oct. 2.

Restaurant owner reaction
Among the others in attendance expressing opposition to the ordinance were J.B. and Susan Monaghan, owners of the Amory Cafe.

“There are 30-something restaurants in Amory where there is no smoking,” J.B. Monaghan said. “We have elderly people who want to come in our restaurant and have a cup of coffee and smoke a cigarette or cigar, and I don’t see anything wrong with that. If a person doesn’t want to smoke, then they can go to another restaurant.”

Monaghan said his restaurant doesn’t make a profit and most months he pays bills out of his pocket to keep the caf? open and provide a comfortable place for his elderly patrons.

“They’re (customers) not hurting anybody if they smoke in there,” he added. “If they don’t smoke here they can go somewhere else and smoke.”

Susan Monaghan asked the board to consider, letting each establishment chose whether to allow smoking on the premises.

“We would be willing to put up any sign outside the window if you let us do that,” she said, referring to a question from Alderman Tony Poss, asking if she would be willing to post a sign that says entering the premiss would be a health hazard.

Alderman Dan Rogers said the rights of those residents who do not want to breathe in secondhand smoke should be considered as well as those wanting to smoke.

“I don’t think its fair that we as tax payers have to spend large sums of money each year on Medicare and Medicaid for those affected by secondhand smoke,” Rogers said.

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City nearly ready to enact smoking ban

1/10/2007
CHRIS WILSON
Amory city officials are still on track to enact a smoking ban in the coming months.

At last Tuesday night’s meeting of the mayor and aldermen, attorney John Creekmore updated the board on what was happening regarding court challenges to Tupelo’s recently enacted smoking ban.

Creekmore said federal judge Mike Mills had earlier ruled Tupelo’s smoking ban valid and had recommended a couple minor changes to the ordinance. However, there is a court motion for a re-hearing on the ban that was filed and not yet resolved, Creekmore said.

Amory officials plan to let Tupelo’s smoking ban ordinance lead the way and to then mirror it. “We’ve tailored our ordinance to include Judge Mills’ recommended changes,” Creekmore said.

As soon as the court action is resolved regarding Tupelo’s smoking ordinance, Amory officials will take up the issue of passing their ordinance which will ban all smoking in public places.