Voters to decide if to restrict smoking

Smoking may be further prohibited in El Dorado in the future.

The El Dorado City Commission looked at their options for smoking bans in the city during their meeting Monday.

Mayor Tom McKibban asked to have the item put on the agenda for the meeting, but he said he did not ask to have the commission pass an ordinance for this, as stated as one of the suggested motions in the agenda.

“I would like the people of the community to have the opportunity to make a decision on this,” he said.

He said he has had people contact him about this, especially because he is in the medical field. McKibban said he also has heard from a few against it.

McKibban supported putting a question on the ballot to let citizens decide what they want.

The ordinance that was presented was modeled after the city of Manhattan. It prohibited smoking in pretty much every place but a person’s home.

If put on the ballot, the question would simply ask if they should further restrict smoking, not specifying how.

“Really what I have here (for the ballot question) is just a question to the community so you can gauge its feeling of restricting smoking in public places,” said Herb Llewellyn, city manager. “It will just tell you if they want to do it. I chose to suggest that because I think when voters see long things they wonder if they are reading it right or if you are trying to trick them.”

The ballot question would be non-binding. The city commission would still have to pass an ordinance.

The current ordinance restricts smoking in all public places and requires owners to designate a smoking area. One loop hole was that an owner could designate the entire facility a smoking area.
“I guess everyone assumed enforcing it was impossible,” he said.

Commissioner Steve Reynolds asked if this could be similar to the liquor sales issue where citizens would bring a petition to the city asking for a vote.

Llewellyn said they could, but historically the commission has told citizens all they have to do is contact them about an issue, not that they had to have a petition.

He also pointed out it appears the state is going to try to pass a smoking ban, which would take the pressure off of the city from doing anything.

According to the proposed ordinance, the ban would include any organized athletic activities whether indoors or out, businesses, private clubs, fraternal organizations and outdoor arenas, among other places.

“Personally, I don’t know of retailers in town telling me they have a problem with people smoking in their stores,” said Commissioner David Chapin.

He said it was a public health issue with second hand smoke.

“Obviously, we all know it’s not a healthy thing to do,” he said. “I would like for the state of Kansas to take care of it for us.”

He pointed out there are only a couple of restaurants that it would affect in the area, as well as a couple of pubs.

“Those business owners have every right to stop smoking if they think it is going to increase their business,” he said. “I heard more complaining over the weekend that once again we are trying to tell businessmen how to make business decisions.”

Chapin said he knew of a restaurant out east that has a smoking clientele, but added that was their choice.

“I know it’s a health issue, but when we get into the health issue, what’s the biggest health problem?” Chapin asked.

McKibban answered that it was obesity.

Chapin asked if that was next to be regulated then.

He did agree he wouldn’t have a problem with putting it on the ballot to see what the interest was, adding that it would happen sooner or later.

Commissioner Steve Reynolds agreed he thought the state would step in.

“But I think it’s presumptuous of the city commission to restrict or ban smoking,” Reynolds said.
“This should be an individual business decision. Health issues aside, at the same time, people do have choices where they want to go or not go. I think this is a personal business decision.”

Llewellyn pointed out the main issue wasn’t someone going into a restaurant to eat, but the employees who have to work there all day.

McKibban added these are often some of the lowest paid and they don’t have health care.

“It’s the food service who’s going to breath it eight hours a day,” Llewellyn said. “I think that’s more about where the political support for restriction is. I think the community will weigh these values just like you have.”

He also mentioned they regulate things everyday that impacts people’s freedoms.

Commissioner Steve Pershall made a motion to have staff submit the question to voters. Reynolds seconded it and it was approved 5-0.