Council to vote on smoking ban

FLORENCE - The city council will vote today on a resolution calling for state legislators to include a smoking ban question on the Aug. 26 municipal election ballot.

The resolution was spearheaded by Councilwoman Angie Pickens. She said she doesn't expect the council to vote in favor of the proposal that would ban smoking from enclosed public places, places of employment and outdoor seating areas.

"It's a shame that this council is not going to allow the people not have a vote," Pickens said.

Pickens said smoking is a public health issue, one that was taken up when the 1993 council voted to ban smoking from city vehicles. Councilman Sam Pendleton, who was on the council at the time, abstained from voting on the issue. Pendleton has spoken out against the proposed referendum several times.

Council President Leland Howard said he planned to vote against the proposal.

"We thought it was something the state legislators should address," said Howard, who is not seeking re-election.

On Dec. 6, 2006, the council passed a resolution to send letters to state legislators in support of a statewide smoking ban. Council members Pickens and Scott Carrier voted against the resolution, presumably wanting to address the issue at the local level.

The letter in part states, "in discussions with the local restaurant association leaders, there is a feeling that if only one city passes an ordinance in favor of no smoking, then the restaurants in other cities have a competitive advantage."

A statewide proposed bill to ban smoking from public places has passed out of Senate committee, said Alabama Sen. Vivian Figures, D-Mobile, who has led the state smoking ban effort for several years.

"It was more palatable to let the bill come as a statute rather than a referendum," said Figures. "Legislators would have the ability to amend it."

Mayor Bobby Irons, who is seeking re-election, said voters should have a voice.

"A referendum to let the people vote is something appropriate for the smoking ban," he said.

Pickens said giving people smoke-free environments is needed to maintain public health.

Pickens said some of the hesitation in approving the ban may stem from the fact that this is an election year.

"So many people are concerned about re-election, they are casting votes to seek re-election," said Pickens who is not seeking re-election.

Other council members have said that the council already voted in support of a state ban on smoking, something Pickens called "passing the buck."

Councilman Hermon Graham, who will seek re-election, said Monday that he planned to vote against the resolution.

"It's a forced vote, and I'm not going to be backed into a corner on this," Graham said.

He also expressed concerns that "when we pass that thing ourselves, we're totally liable to enforce it."

Many smokers say the smoking issue is about rights, both for the businesses and smokers.

Darel Wagner Jr., who started smoking at age 12, started a petition recently that states "we have the same rights by the same constitution as well as nonsmokers."

Wagner, 69, said he and a group of friends pass time at a local restaurant smoking and talking for hours a day.

"If you make that (place) nonsmoking, we'll have no place to go," the retired steel worker said.

Councilman James Barnhart said Monday he will vote for the proposed resolution. He said he made a commitment to a friend, Johnny Wilson, that if the people were allowed to vote on a smoking ban, he would support it.

Barnhart, who said he will run for re-election, said he's heard little outcry from residents in his district who are against the proposed smoking ban.

"I would prefer to let the state handle it," Barnhart said.

Several attempts to contact councilmen Sam Pendleton and Scott Carrier were unsuccessful Monday. Pendleton is seeking re-election, while Carrier is seeking the mayor's position.

"If it gets voted down, I've tried for three years and I've failed," said Pickens.

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