The chief sponsor of Cheyenne’s proposed public smoking ban said he originally intended to let voters decide the issue.
But because City Council members have no authority to call a citywide election, Councilman Don Pierson chose to forge ahead with an ordinance.
However, he introduced the proposal in time for opponents to attempt a referendum at the November general election if they decide to do so.
“I certainly didn’t want you the taxpayers to pay for a special election to vote on this issue,” said Pierson, adding that a special election would cost the city between $30,000 and $50,000.
Pierson made his comments during a Wednesday night City Council meeting that featured the first public debate on the issue, and some haggling over ordinance details.
If approved, the ordinance will sharply restrict tobacco smoking in public places, including taverns and restaurants. Supporters say it would protect children and hospitality workers from second-hand smoke.
The original ordinance also banned smoking in private clubs, but Pierson reversed that provision. He also reduced the distance smokers must stand from public entryways from 25 feet to 10 feet.
“The reason for that is there were some really legitimate arguments that for any downtown business, 25 feet would put them in front of another business or in the street,” Pierson said.
City Councilman Peter Laybourn attempted to exclude bars, lounges and taverns from the ban. His motion failed on a 5-4 vote.
Ignoring the ban would be a misdemeanor publishable by a $750 fine and up to six months in jail, or both.
A host of clean-air advocates testified in favor of the ordinance at Wednesday’s meeting, including numerous health care professionals.
“This is not about where your dog can pee or where you can park your motor home,” said Cheyenne dentist Joseph Devine. “This is life and death for people who work in the hospitality industry.”
Cheyenne pediatrician Dr. Carol Schiel pointed out that some hospitality workers — even pregnant women and asthmatics — have no choice but to serve in businesses that allow smoking.
Mark McNulty, a University of Wyoming research scientist, presented data on Laramie’s public smoking ban, which showed growing public support for the year-old ban and no economic impact to the businesses community.
Twelve-year-old Cheyenne resident Kaitlyn Ryel urged the council to be her “voice” in the debate, as she’s not old enough to vote.
“Second-hand smoke is dangerous to kids,” Ryel said.
But smokers and bar owners ripped the proposed ordinance, insisting that it would infringe on their rights and deal a crippling blow to business.
Myron Langhoff, owner of Two Bar Bowl in Cheyenne, said his bowling alley once tried to go smoke-free on Sunday afternoons, but the number of bowlers fell by four-fifths, forcing him to drop the policy.
“It does make a different in the bowling business,” Langhoff told the council.
Debora Bliss of Jake’s Bar said the ordinance would force her majority-smoker clientele outside to light up, exposing them to possible citations for public intoxication.
“They would have to close their doors if this goes into effect,” Bliss said.
Dell Peterson, co-owner of three Smoker Friendly Discount Cigarette Stores, insisted that the dangers of second-hand smoking are a myth, and said that smoking gives small bars and restaurants an “edge” against corporate venues.
“This is small business against big government interference,” Peterson said. “I have the right to decide what goes on in my business.”
He also argued that employees who don’t like to work in a smoky environment have plenty of opportunities to work elsewhere.
“Slavery was outlawed 150 years ago,” Peterson said.
The meeting went on for around two hours Friday night before the council, acting as the “committee of the whole,” voted to support the ordinance 6-3. That vote was a recommendation to the full council, including Mayor Jack Spiker.
The council meets on Monday to consider the ordinance on second reading, and more public comment will be taken. If the ordinance clears that hurdle, the council will accept another round of public comment June 7, followed by a final vote on June 12. The ordinance would go into effect on Aug. 15.
Cheyenne is the third Wyoming city to attempt an indoor smoking ban. Casper voters rejected a similar measure in 2000.
In both previous cases, voters tested city ordinances with referendums. Pierson said a similar scenario is possible in Cheyenne.
“If enough people, registered voters, in the city don’t like the ordinance and sign a petition, it can go to the voters as a referendum,” Pierson said.
The Smoking ban moves forward
Originally written By: Jared Miller
