02/20/2007

GT commissioners to vote on smoking ban

Ordinance would ban smoking in public places

By Brian Mcgillivary

bmcgillivary@record-eagle.com

TRAVERSE CITY — Wayne Schmidt believes a smoker's rights end at his nose, but the Grand Traverse County commissioner doesn't know if he's ready to support a county ordinance to ban smoking in all businesses and public places.

"It's a tough question between public health concerns with second-hand smoke and telling private businesses what to do on their own property,” said Schmidt, a non-smoker.

Schmidt's decision will be key to whether the proposed ordinance passes when the split board meets at 5 p.m. today in the governmental center.

New faces on the county board may allow Commissioner Herb Lemcool to succeed where he's previously failed to garner five anti-smoking votes on the nine-member board.

Lemcool needs Schmidt and new Commissioner Bruce Hooper to join with him and commissioners Christine Maxbauer and Larry Inman.

The proposed ordinance bans smoking in the enclosed areas of any business, sports arena, public building, business vehicle or meeting facility. It allows smoking in homes, tobacco specialty stores, bars and restaurants. Violators face fines from $100 up to $1,000 for a fourth offense that occurs within one year.

Commissioners Addison "Sonny” Wheelock, Dick Thomas and Margaret Underwood in the past opposed similar ordinances. They are joined by new Commissioner Larry Fleis, a non-smoker who allows smoking at his business, Lark's Lawn and Garden.

"I don't think anyone has the right to tell a business owner what they can do in their own building that they pay taxes on,” Fleis said

Fleis said he thinks the county and the nation have far more serious problems than second-hand smoke.

The National Cancer Institute determined second-hand smoke is responsible for the early deaths of 53,000 Americans annually.

"This is a health issue,” Lemcool said. "It's what's best for those who don't smoke, and those of us who don't smoke will be healthier with this ordinance.”

The board also will be asked to support a resolution asking the state legislature to repeal a law that does not let local governments ban smoking in bars or restaurants.

Both Inman and Schmidt said they have reservations about banning smoking in restaurants.

"You have a little more choice when you go to a restaurant,” Schmidt said. "You don't have a choice when you go to work.”