Voters could have say in smoking ban

Across the Tennessee Valley, smokers are getting this message: Butt out or stay out.

Nonsmoking laws came into effect Oct. 1 in Decatur and Tennessee. In the Shoals, some Florence officials are working to get a nonsmoking referendum on 2008's election ballot. Officials from Muscle Shoals, Tuscumbia and Sheffield say their cities have no nonsmoking ordinances in the works.

The smoke-free issue is more complicated than just extinguishing a cigarette at the front door. Smoke-free supporters say bans are beneficial for public health and business, while opponents say a ban impedes personal freedoms and hurts business.

According to the American Nonsmokers' Rights Foundation, 12 states are smoke-free. In Alabama, 10 cities have banned smoking from workplaces, bars and restaurants, according to the advocacy group. Other cities restrict smoking. Huntsville, for instance, allows only patrons 19 or older to enter businesses that choose to allow smoking.

"This has been framed as a debate between the rights of smokers and the rights of nonsmokers," said Stephen P. Gordon, Alabama state coordinator for The Smoker's Club, a nonprofit smokers' advocacy group. "It's a debate between people that believe in a nanny state, believe that government knows best versus people who own property and businesses and have the right to do - as long as they're not harming anyone else - what they wish to do in their own business."

Others say the debate is not about rights.

"It's a public safety issue; it has nothing to do with rights, it has to do with public safety," said Florence Councilwoman Angie Pickens who has spearheaded nonsmoking efforts in the city. "If you want to smoke, smoke in your own house; don't blow it on other people and get other people sick."

Some smoking-rights advocates say that harm from secondhand smoke is debatable. A 2006 report from U.S. Surgeon General Richard Carmona, however, lambasted secondhand smoke and stated that indoor ventilation systems were inadequate to protect nonsmokers from secondhand smoke, which Carmona described as "a serious health hazard that causes premature death and disease in children and nonsmoking adults."

Several Shoals businesses have already become voluntarily smoke-free. Helen Keller Hospital in Sheffield recently announced its campus would be completely smoke free by 2008 and nearly 100 Shoals smoke-free restaurants have signed up with the Partnership for a Tobacco Free Shoals, giving people in the region plenty of choices for smoke-free dining.

So why a total ban?

"In this area, 25 percent smoke, 75 percent are suffering the damages of secondhand smoke," said Valerie Thigpen, chairwoman for the Partnership for a Tobacco Free Shoals. "We're the majority."

On Oct. 1, Decatur became the 10th city in Alabama to ban smoking in bars, restaurants and outdoor arenas. The ban came from a city council vote and was approved by Decatur Mayor Don Kyle.

State Rep. Bill Dukes, D-Decatur, who was not involved in the smoke-free ordinance, said many in his constituency had complained to him.

"Most people argue it should have been voted rather than a city council issue," Dukes said.

Many in Decatur are fuming over the ordinance.

Rochelle Dunn, a Huddle House waitress on Decatur's Beltline, said her tips fell from $130 to $88 since the smoking ban. She said her customers are driving to Priceville, a small town on Decatur's south side that permits smoking.

At the smoker-friendly Waffle House in Priceville, waitress Lana Turowski said business had increased slightly since the ban. Turowski, a smoker, said, "If you're grown, you can do what you want."

"I go out of my way to come over here to smoke," said Dale Owens, a smoker for 47 years and a Decatur resident. "It'll cost me more gas and more time, but it'll be worth it," he said as he smoked a Winston. "Why is everyone wanting to pick on the smoker all of a sudden?"

Like others, Owens said the Decatur ban should have been put to a vote.

Je Harville, a truck driver from Jackson, Tenn., said, "I already have a mama," about a ban he typified as communism. "It's almost a form of discrimination."

There are some smokers who approve of the ban. Kim, who didn't want to give her last name, said she smokes about a pack a week. "I'm all for it because I hate a place that's smoky."

Three Decatur bars also have become a smokers' oasis after they filed restraining orders and argued the smoking ban should not include bars and lounges.

Decatur smokers can now seek refuge at Frontier Entertainment or Nash's Bar and Grill, at least until Nov. 13 when a hearing is set. The third plaintiff in the case, TK's Bar, has yet to open.

"I hope the judge will see that (the ban) violates our constitutional right," said Jerry Nash, owner of Nash's Bar and Grill and a nonsmoker.

The effects of smoking bans on businesses is still contentious for many: Will going smoke-free draw more customers who want to avoid smoky venues or will it cause smokers to stay home?

Several studies conclude that in communities big and small, smoking bans do not hurt businesses in the long run. It's too soon to tell if that will be true for Decatur.

Larry Long, bar manager at Logan's Roadhouse in Decatur, said sales increased 3 percent within a week of the ban. "People might not want to leave for a smoke because of convenience," Long reasoned. "The longer they sit there, the longer they drink, which is fine with me."

Trevor Stokes can be reached at 740-5728 or trevor.stokes@timesdaily.com.