City stays up late to pass smoking ban

The Bloomington City Council voted early today to ban smoking in most bars and restaurants in the city, signaling a major shift in how students, locals and visitors can experience a night out in Bloomington and the working conditions for bar and restaurant employees.\nThe council voted, 8-1, for the ban, after more than six hours of community comments through the night.\nThe ban will not go into effect until January 1, 2005 for private clubs and businesses that currently don't allow minors and have designated smoking areas. Council member Mike Diekhoff offered that amendment Wednesday, and it passed by a slim five-to-four majority. \nBut Bloomington is now legally committed to a smoking ban and some businesses, like restaurants, will implement the law in August.\nCouncil member Anthony Pizzo and supporters advocating for the ban argued against any interim period between adoption of the general ordinance and the law's effect.\n"Any delay is going to expose people unnecessarily," said Pizzo, who sponsored the ordinance.\nMuch of the initial debate at the meeting on Wednesday revolved around an amendment offered by council member Andy Ruff. Ruff wanted to delay implementation of the ordinance for a specific section of 15 local bars for three years to allow them to reformulate their business plans to accommodate the smoking ban. These bars have smoking sections grandfathered in under an earlier ordinance that prohibits smoking in new establishments.\n"I embrace 99 percent of what Pizzo proposes," Ruff said. "However I feel that there is a thin slice of business in the community that will be disproportionally negatively impacted by this ordinance -- long existing bars."\nOpposition was varied, with some of the public angrily speaking against any delay in implementation of a smoking ban and others, like Council member David Sabbaugh, arguing that any amendment that did not address private clubs put for-profit business at a competitive disadvantage. After Ruff's three-year waiting period was rejected, Diekhoff's delay was adopted.\nOther amendments to the ordinance the council passed included one offered by council member Jason Banach that delays the starting time for the entire ordinance until August 1 of this year and one offered by Sabbaugh that would ban smoking in all city vehicles. Another put forward by the mayor's office designates an area at fire stations where smoking is permitted.\nThe latter two amendments came under attack by opposition to the ban who said the council should not prohibit smoking in private businesses if they allow city employees, like firefighters, to have specific smoking areas. \n"How hypocritical can you get? What makes this fireman any different than my employee? Why all the sudden are we finding exceptions?" said Murray Holtz, a local club owner. "If you're going to do it, do it to everybody. If you're giving out exceptions, I want mine."\nThe fire station amendment failed by a vote of nine to zero.\nSponsored by retiring councilman and local doctor Pizzo, the smoking ban has generated much controversy since he presented the proposal. Many opposed maintain the city is overstepping its mandate by interfering in business and individual choice.\nBackers of the ordinance say the smoking ban is long overdue, it will address health risks associated with secondhand smoke and protect nonsmokers. Proponents also dispute the claim the ban will negatively affect local business. \nAt the March 12 council meeting, hundreds of residents debated the pros and cons of the ban late into the evening. The first vote on the ordinance passed five to two, with two abstentions. Wednesday's meeting was smaller but those who attended voiced strong arguments on both sides, with the debate becoming emotionally charged and personally directed at times.