Phil Lacy of Seymour smokes at Townhouse Café this morning. Lacy said he sees the passing of the smoking ban in Seymour like the age-old tradition that the majority rules. ‘Being in the minority is really bad because the majority takes rights away from you,’ Lacy said. The city’s smoking ordinance will go into effect July 30. (Tribune photo by Brandy Emily)
Phil Lacy of Seymour smokes at Townhouse Café this morning. Lacy said he sees the passing of the smoking ban in Seymour like the age-old tradition that the majority rules. ‘Being in the minority is really bad because the majority takes rights away from you,’ Lacy said. The city’s smoking ordinance will go into effect July 30. (Tribune photo by Brandy Emily)
By JANUARY WETZEL, Tribune

Beginning July 30, people will no longer be able to light up a cigarette while dining at The Townhouse restaurant or while bowling at Starlite Bowl in Seymour.

In 180 days, employees of local factories will no longer be able to step inside the break room for a quick smoke.

With a 5-2 vote, Seymour Common Council officially passed an ordinance Monday regulating smoking in public places and places of employment.

Councilmen Bob Beatty and Dexter Steele, who have continued to oppose the ordinance, voted against it.

July 30 is the day the ordinance takes effect in public places, including restaurants, retail stores, public transportation, public restrooms and lobbies, theaters, bowling alleys, schools, hospitals, nursing homes and polling places. Smoking will not be regulated in private residences, hotel and motel rooms, private clubs, bars and outdoor areas.

Places of employment, including businesses and factories, have 180 days to comply with the ordinance by providing a smoke-free workplace for all employees.

The ordinance will be enforced by the city’s ordinance administrator, Brent Goben, and those in violation of the law will be fined $50. If, after multiple fines, the ordinance administrator has reason to believe the person or business is still not complying, the city can take any legal means necessary to remedy the problem.
Some people are happy about the change. Others, especially business owners, are not.

Jim Lucas, a small-business owner, has attended nearly every public meeting the council has held to voice his opinion on the issue.

Although a nonsmoker, Lucas said he is against the ordinance.

“I started my own business and grew that business. I’m a law-abiding citizen,” he said. “It disgusts me to think that I will be breaking the law if I want to smoke in my own business.” Lucas proposed that council pass a voluntary ban, which would allow business and restaurant owners to decide for themselves whether to be smoke-free.

“The job of government — your job — is to protect our rights, not eliminate them,” Lucas added.

Councilman Jeff Joray said he did not feel that the council was taking away anyone’s rights.

“This is a public health issue,” he said.

Several people in the audience, including local resident and smoker Shade Shutters, brought up the idea of holding a public vote.

“If the majority of the people want it, then so be it,” he said.

Joray disagreed with the idea of a referendum.

“I’ve talked to our attorney (Jeff Lorenzo) and a referendum is almost impossible to do,” he said. “That being said, if it did go to a public vote, smoking would be banned everywhere.”

To ease some worries, Joray asked if the ordinance could be repealed or changed later if city officials find it is not working or too hard to enforce.

Mayor Jim Bullard informed the board that the ordinance could be changed later but that he didn’t think it would need to be.

“You can amend it, but I don’t think that will be the case here,” he said.

Patrons of Townhouse Café this morning had strong opinions about the smoking ban — both pro and con.

“I think it’s a bunch of bull,” said Alma Liebert of Seymour. “An establishment should have the right to say if people can smoke or not smoke. I think everyone should have their own say on what they do.”

Denny Oakes of Seymour, however, said he likes the idea of banning smoking. He said the lack of smoke was the first thing he noticed when visiting Bloomington a few weeks ago. The smoking ban in Bloomington went into effect in January 2005.

“I love it because now you don’t come out of a place smelling like smoke anymore,” Oakes said.

“It’s fantastic,” said Ken Holt of Seymour. Holt said he has lost several family members to smoking-related illnesses so he feels strongly about the ban. “It definitely had to be done.”
Staff writer Brandy Emily contributed to this story.

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