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Wednesday, January 19, 2011

Bowling Green City Commission Advances Smoking Ban To Second Reading.

Smoking ban advances
However, proposal still must be approved by commissioners on second reading; Joe Denning and Bruce Wilkerson vote against ordinance
By ANDREW ROBINSON

The Bowling Green City Commission passed 3-2 the first reading of an ordinance that would ban smoking in most indoor businesses in the city during Tuesday’s commission meeting.

Commissioners Joe Denning and Bruce Wilkerson voted no.

The second reading will occur during a special meeting called for Monday. If the measure passes, the ban will take effect 90 days following the vote.

The smoking debate, which has continued since 2007, when the commission voted 3-2 against a ban, resumed Tuesday before a standing-room-only, overflow crowd at City Hall.

The lively debate lasted nearly 45 minutes, and for the most part remained civil.

Jim Waters, vice president of policy and communications at the Bluegrass Institute, said he disagreed with the commission’s approach to trying to pass the smoking ban in such a short amount of time.

James Ackzien accused the commission of not asking for businesses’ input on the ban. He was asked to keep his comments free of personal attacks, specifically to the author of the ordinance, Commissioner Brian “Slim” Nash.

“All you’re trying to do is ram this down my throat, Commissioner Nash, and I don’t like it,” Ackzien said.

Nash said during his own comments he was not trying to railroad or ram the ordinance through.

Bob Talley, a vocal opponent during the meeting, walked out of the discussion after interrupting Nash.

“I’m a veteran, put my life on the line for this country ... and now I’m getting my freedoms robbed,” Talley said before leaving the podium.

Kim Lindgren presented the commission with a petition with nearly 1,700 signatures on behalf of the Smoke-Free Communities Coalition.

“While I get the rights of smokers,” Lindgren said, she should have the right to sit in a restaurant and not smell the “overwhelming smell of smoke coming from the smoking section.”

Roger Miller, commander of American Legion Post 23 in Bowling Green, said members typically smoke while they play bingo, an activity the post uses to raise money for operations.

He said he fears the post could shut down if smoking was banned, or that members might go to Simpson County to play bingo.

“I believe smokers have a right to smoke,” said Mayor Elaine Walker, who cast a yes vote. “But I also believe that they don’t have a right to impact the health of others.”

Denning said he had a problem with legislating to business owners that they must put a sign up that says “No smoking.”

Commissioner Bill Waltrip remained firm on his yes vote despite community members trying to sway his stance.

“I think it’s a public health issue and while I respect dissenting opinions, this process is a healthy process for our community,” Waltrip said.

Wilkerson said despite supporting smoke-free facilities, he also supports businesses.

“I have a high threshold for enacting an ordinance regarding the public’s behavior,” Wilkerson said. “That threshold involves regulation only when the public cannot regulate the issue themselves.”

Nash said he understands the freedom of choice.

“This ordinance for me is about regulating where smoking occurs so that those who don’t want to be injured don’t have to be.”

In other business:

# Denning asked that Monday be proclaimed “Mayor Elaine Walker Day” in Bowling Green. Walker is leaving the mayor’s office to be sworn in as Kentucky’s secretary of state on Jan. 29.

# Jeff Lashlee was promoted from Public Works engineer to director.

# Commissioners passed an amendment to the budget, increasing the commission’s travel funds and also increasing the amount allotted for memberships and fees for the city’s membership to national organizations.

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