People Ban: TX Lewisville

Council aims for May referendum on smoking ban

October 29, 2007
DAN EAKIN

The Lewisville City Council Monday night directed city staff to prepare documents for a possible non-binding referendum in May that would ask voters to offer their views on possible smoking bans at local restaurants and/or bars.

The council will be presented with an agenda item at a future meeting that would officially call the non-binding referendum for May 13, the date of the next city election, and set the official ballot language.

Non-binding means the city council will not be bound by law to pass the ordinance proposals approved by the majority of the voters on the referendum.

During a workshop in the conference room adjacent to the council chambers prior to the regular meeting, the council deliberated for about a half hour on how the wording should be.

One major concern was the difference between a restaurant with a bar and a bar with a restaurant.

The proposed language for the referendum sets forth two options: Whether the voter supports and ordinance prohibiting smoking in restaurants and whether the voter supports an ordinance prohibiting smoking in bars, bowling centers and billiard halls. A restaurant was defined as an establishment where more than 50 percent of the sales are derived from food, and a bar was defined as an establishment where more than 50 percent of the sales are derived from alcohol.

Council members Lathan Watts and Rudy Durham questioned whether a referendum should take place, standing by their previously-stated views that the final decision should be up to the city council.

If a referendum occurs, the council would vote on a proposed ordinance at some point afterward.

Watts asked if the outcome of the referendum would change the mind of any council member on how to vote on the ordinance.

“I’m not getting any shortage of feedback on this issue now,” he said.

Durham, who said he will vote against calling the referendum, said the people who vote on the smoking ban would not be exactly the same people who elected them to office.

Mayor Gene Carey said he had 19 cards from people, all of whom were opposed to the smoking ban.

“I don’t see that a referendum would do any harm,” he said.

Council member Dean Ueckert said, “A lot of people want to express their opinion on this issue.”

City Manager Claude King said the purpose of the referendum would be “to try to get some solid information on the desires of the voters.”

James Kunke, city communications manager, said there have been at least nine smoking-related elections in eight Texas cities since 1994, but only one non-binding public referendum on a smoking ban. In all nine elections, he said, voters supported the proposed smoking ban.

Abilene had a non-binding referendum that was followed by an ordinance drafted and approved by the city council that banned smoking in all public buildings.

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Council tables decision on smoking election

BY DAN EAKIN, Staff Writer
August 29, 2007

An election to decide whether to ban smoking in restaurants and bars will not be held on Nov. 6 as had been previous proposed.

Following a two-hour discussion on the subject at a called meeting Monday night, the Lewisville City Council voted unanimously to table action on the proposal.

Instead, they plan to have a workshop on the subject on Oct. 15, with the possibility of having either an election or a non-binding referendum in May.

City Secretary Julie Heinze told the council that a decision would have to be made this week if the election were to be held on Nov. 6 when voters will decide on several proposed constitutional amendments.

Mayor Gene Carey and the council agreed that more time was needed to decide exactly how the proposed ordinance should read, and how it should be worded on any ballot.

“If we were to miss something and it goes to the voters, we would really be under the gun,” Carey said. City Attorney Ron Neiman noted that if voters approved an ordinance, then any changes to the ordinance later would have to go back to the voters for their approval again.

Deputy Mayor Pro Tem Dean Ueckert suggested that the council consider a non-binding referendum rather than an election, to provide the council with direction as to what the people of Lewisville want concerning a smoking ordinance.

Discussions were heated at times as different people from the audience came to the podium to express their views and ask questions.

Carey said he was offended by a statement by Dan Jaworski of Carrollton, a former Lewisville area resident, who described the council’s plan to let the voters decide as “political cowardice.”

“Punting this issue to the people is taking the easy way out,” Jaworski told the council.

Carey and some of the council members said they did not believe it would be “political cowardice,” but rather a wise decision to let the people themselves decide rather than the council make the decision.

Ueckert said 10 or 11 people had talked to him about the issue after it was in the newspaper last week. He said some were for banning smoking in restaurants and bars and some were against it, but that all of them were in favor of “taking it to the people” rather than the council making the decision itself.

Ueckert said he had also talked with former mayors of Lewisville who favored calling the election.

Lathan Watts, the only councilman who voted against calling a meeting to plan an election on smoking in restaurants and bars, said, “I realize that sometimes an issue will rise to the level that the government should get involved. I don’t believe this issue has risen to that level.”

Watts asked the city attorney to look into what liability the city might be facing should a business lose money due to a smoking ban. He said restaurants in other cities have reported significant losses due to smoking bans.

Sandra Edwards, owner of the Main Street Caf? at 200 East Main, told the council, “I believe people have a right to choose whether to go to a smoking or a non-smoking restaurant.”

“I have people who have been coming in my place for 13 years who smoke. They come here and smoke. If people don’t want to come to here because we allow smoking, we understand.”

“Where are smokers supposed to go?” she asked. “People don’t need one more right taken away from them.”

Kay Kamm, regional director of government relations for the American Cancer Society, said, “This issue to us is largely the effect it will have on the work place.”

She said the council needs to consider more issues, such as signage requirements and whether smoking should be prohibited in work vehicles such as taxicabs, buses, utility company trucks, etc.

While the American Cancer Society looks at smoking ordinances primarily as a health issue, City Manager Claude King pointed out that the present city smoking ordinance is primarily concerned with smoking as a fire safety issue.

One Lewisville resident pointed out privately that, while smoking in restaurants does not often if ever directly cause fires, that some restaurants in the United States have burned because hot ashtrays have been emptied into trash cans in the restaurants.

Lewisville’s present smoking ordinance allows restaurants to have smoking areas. Restaurants with seating for under 50 people, such as the Main Street Caf?, can allow smoking anywhere in the dining area.

There have been at least nine smoking-related elections conducted in eight Texas cities, starting with a Wichita Falls vote in 1994. Most recently, in May 2007, Baytown voters rejected a repeal of a non-smoking ordinance adopted following a November 2006 election.

Other cities where elections have been held on smoking restrictions include Abilene, Austin, Copperas Cove, Corpus Christi, Vernon and Victoria. The vote in Abilene was a non-binding referendum that was followed by an ordinance drafted and approved by the city council that banned smoking in all public buildings.

Monday night’s meeting featured comments from about eight audience members, including two restaurant/bar owners and representatives of the American Cancer Society and a national anti-smoking group. The speakers were split in their stand on the draft ordinances as well as on the possibility of holding a citywide election. About 25 people were in the audience.

Lewisville council members were presented with two draft ordinances last week after voting to hold the special meeting.

One draft would ban indoor smoking in all restaurants, bars, bowling alleys and pool halls. It would allow smoking in outdoor dining areas, but not within 20 feet of the primary public entrance to any affected business.

The other draft would have similar provisions, but would exclude businesses that make more than 50 percent of their food and beverage revenue from alcohol sales.