Cabell County Update
DEVELOPING: Legislation May Disrupt Smoking Bans
Feb. 18th, 2010
By Tony Rutherford, Huntingtonnews.net Reporter
?
Charleston, WV (HNN) – Don’t put down those cigarettes yet, the WV legislature may provide an opportunity to “appeal” health department regulations to respective county commissions.
?
Numerous Cabell County opponents of the smoking ban in nightclubs and lottery establishments objected to the Health Department appointees enacting the ban. The residents felt the decision should be made by elected officials or put on the ballot. One has stated he will organize opposition to the Cabell Health Department levy on the May ballot.
?
While the legislature itself has been rumored to be contemplating smoking issues both pro and con (including one that exempted only the State Capitol complex from smoking bans) , Del. Doug Reynolds (D- Cabell) has joined with Del. Kelli Sobonya (R-Cabell) and Carol Miller (R-Cabell) and six other legislators in the introduction of a bill that would allow dissatisfied individuals to take their case to individual county commissions.
?
Based on a prior WV Supreme Court case regarding smoking, the Court stated that legislative intervention would be the proper procedure for altering the current regulatory scheme.
?
To view a copy of the bill, click: Here
?
Under the proposal, an applicant could request a hearing of adverse decisions by a health department before the County Commission. The introductory language allows 36 months for a request to be filed.?
?
ARTICLE 2. LOCAL BOARDS OF HEALTH.
?
?16-2-11a. Appeals; procedure.
?
Charleston, WV (HNN) – Don’t put down those cigarettes yet, the WV legislature may provide an opportunity to “appeal” health department regulations to respective county commissions.
?
Numerous Cabell County opponents of the smoking ban in nightclubs and lottery establishments objected to the Health Department appointees enacting the ban. The residents felt the decision should be made by elected officials or put on the ballot. One has stated he will organize opposition to the Cabell Health Department levy on the May ballot.
?
While the legislature itself has been rumored to be contemplating smoking issues both pro and con (including one that exempted only the State Capitol complex from smoking bans) , Del. Doug Reynolds (D- Cabell) has joined with Del. Kelli Sobonya (R-Cabell) and Carol Miller (R-Cabell) and six other legislators in the introduction of a bill that would allow dissatisfied individuals to take their case to individual county commissions.
?
Based on a prior WV Supreme Court case regarding smoking, the Court stated that legislative intervention would be the proper procedure for altering the current regulatory scheme.
?
To view a copy of the bill, click: Here
?
Under the proposal, an applicant could request a hearing of adverse decisions by a health department before the County Commission. The introductory language allows 36 months for a request to be filed.?
?
ARTICLE 2. LOCAL BOARDS OF HEALTH.
?
?16-2-11a. Appeals; procedure.
(a) Any adverse decision or action taken by a local board of health or a local health officer against a person or business entity may appeal the adverse decision or action to the county commission. This section shall apply prospectively and retroactively: Provided, That any previous adverse decisions or actions shall only be appealable for the previous thirty-six months prior to the effective date of this section.
?
(b) The applicant may make a written request for a hearing before the county commission on or before thirty-six months from the issuance of an adverse decision or action. The county commission shall schedule and conduct the hearing within sixty days of receipt of the request and shall issue a decision, in writing, within fifteen days of the hearing.
?
(b) The applicant may make a written request for a hearing before the county commission on or before thirty-six months from the issuance of an adverse decision or action. The county commission shall schedule and conduct the hearing within sixty days of receipt of the request and shall issue a decision, in writing, within fifteen days of the hearing.
Cabell set to implement smoking ban
February 5, 2010
By Clark Davis
?
The Cabell County Health Department is implementing a ban on smoking in bars but frustration remains high across the state with similar bans.
By Clark Davis
?
The Cabell County Health Department is implementing a ban on smoking in bars but frustration remains high across the state with similar bans.
Cabell County’s ban begins on February 26th. Stacy Wehrle is with the American Legion Post 16 in Huntington, which fought the ban because of its potential economic impact.
?
“Well we’re concerned, we realize it’s going to reduce some people if they can’t come in and smoke while they’re getting a beer they’ll stay away,” Wehrle said. “If it’s a ruling and a law then we have to abide by it, if we don’t they’ll take our license away from us.”
?
Under Cabell’s existing regulation, smoking is banned in all restaurants and workplaces. But establishments where alcohol represents more than 80 percent of sales are exempt from the regulation.
?
“If somebody comes in and complains of smoke they’ll have to write a complaint to the health department and the sanitarian that’s responsible for that establishment such as a bar, will go in and inspect the situation and give a warning,” Elizabeth Ayers, Cabell Huntington Health Department , spokeswoman said.
?
Although the bars complain that the ban will hurt business she says that’s not the health department’s primary concern.
?
“You know that’s, the economics part is not an issue for us and that’s not a worry and a concern, as health department officials we are primarily focused on the safety and the health of our citizens here,” Ayers said.
?
Ayers said she’s sure it’ll be rocky at first.
?
“We just ask that everybody be patient with us this isn’t anything that’s going to be a 100 percent effective on the 26th, a lot of people will still smoke, bar owners that are opposing this are still going to allow people to, that’s just going to be their fight with it, so it is going to take some time,” Ayers said.
?
Nineteen counties in the state ban smoking in all public establishments. Lincoln County was the first in 2001.
?
In Berkeley County and Marion counties the health departments attempted to implement a smoking ban last year but both county commissions voted against it.
?
Beverly Keener, regional tobacco prevention coordinator, said? the county commissions were under pressure from establishments because of the economic loss they thought might occur.
?
“It’s tough for the board members that want to keep to their oath about protecting the health of their counties and things and when they look at the health issues and there is something coming across your desk all the time about the health effects of second hand smoke it gets very frustrating,” Keener said.
?
In Kanawha County a similar ban was passed in 2008. But problems persist there. Recently one Friday an undercover Alcohol Beverage Control Administration employee found patrons smoking at the Blackhawk Saloon and the saloon then had its liquor license suspended.
?
“Well we’re concerned, we realize it’s going to reduce some people if they can’t come in and smoke while they’re getting a beer they’ll stay away,” Wehrle said. “If it’s a ruling and a law then we have to abide by it, if we don’t they’ll take our license away from us.”
?
Under Cabell’s existing regulation, smoking is banned in all restaurants and workplaces. But establishments where alcohol represents more than 80 percent of sales are exempt from the regulation.
?
“If somebody comes in and complains of smoke they’ll have to write a complaint to the health department and the sanitarian that’s responsible for that establishment such as a bar, will go in and inspect the situation and give a warning,” Elizabeth Ayers, Cabell Huntington Health Department , spokeswoman said.
?
Although the bars complain that the ban will hurt business she says that’s not the health department’s primary concern.
?
“You know that’s, the economics part is not an issue for us and that’s not a worry and a concern, as health department officials we are primarily focused on the safety and the health of our citizens here,” Ayers said.
?
Ayers said she’s sure it’ll be rocky at first.
?
“We just ask that everybody be patient with us this isn’t anything that’s going to be a 100 percent effective on the 26th, a lot of people will still smoke, bar owners that are opposing this are still going to allow people to, that’s just going to be their fight with it, so it is going to take some time,” Ayers said.
?
Nineteen counties in the state ban smoking in all public establishments. Lincoln County was the first in 2001.
?
In Berkeley County and Marion counties the health departments attempted to implement a smoking ban last year but both county commissions voted against it.
?
Beverly Keener, regional tobacco prevention coordinator, said? the county commissions were under pressure from establishments because of the economic loss they thought might occur.
?
“It’s tough for the board members that want to keep to their oath about protecting the health of their counties and things and when they look at the health issues and there is something coming across your desk all the time about the health effects of second hand smoke it gets very frustrating,” Keener said.
?
In Kanawha County a similar ban was passed in 2008. But problems persist there. Recently one Friday an undercover Alcohol Beverage Control Administration employee found patrons smoking at the Blackhawk Saloon and the saloon then had its liquor license suspended.
Cabell Smoking Ban Could Be Extended
?
May 11, 2007?
George Gannon
?
HUNTINGTON — Smoking is banned in most public places in Cabell County, but the restriction could expand to even more places.
The ban was enacted in 2004, but excluded bars and bingo halls, but soon county’s board of health could expand to all workplace environments, including bars.
The Cabell Huntington Health Department said they do not have a time line for a possible smoking ban in bars, but plans to talk about a time line in the future.
