Left of College Station

Ban Clearing the Air

By Cassie Smith

From the Bryan-College Station Eagle

The College Station City Council on Thursday voted unanimously to ban smoking in bars starting Feb. 1.

About 100 residents, business owners, health care professionals, students and parents attended a public hearing on the issue. Twenty people spoke in favor of enacting tighter restrictions on smoking, and 11 said the change would amount to an attack on private businesses and an individual's right to choose.

The new ordinance, which will go into effect on Super Bowl Sunday, bans smoking in bars, restaurants and workplaces.

Last month, council members reduced the distance from entryways in which smoking was allowed from 20 feet to 10 feet to permit more smoking on business patios and bars, as well as on College Main when the street is blocked to traffic, said Hayden Migl, assistant to the city manager. The Northgate street is closed early in the mornings for the safety of people walking out of the bars that line the area.

Exceptions for smoking by actors or actresses performing in theatrical programs and in tobacco specialty shops were retained.

Council member James Massey, whose mother died from a condition caused by secondhand smoke, said he was disappointed that Bryan's city leaders didn't show up to support the ban. He said the measure was approved in the interest of protecting residents' health and safety, not to infringe on personal rights.

"Rights, as you think about it, cut both ways," he said. "We're sworn to keep those rights and protect them as part of what we do every day." But individual rights are valid only until they affect somebody else, he said.

Critics of the ban said it was a threat to American civil liberties.

"These people will no longer be able to decide what they will and will not allow in their institution," 22-year-old Brooks Macdonald said.

Smoking bans are in place in cities across the nation, and College Station should be no different, supporters of the ordinance said.

Pediatrician Mark Sicilio cited President Barack Obama's inability to smoke in the White House as an example of how the habit is accepted as a threat to public health.

"Many who work in bars might say they like and willingly work there, but some folks are passively exposed ... without really realizing the potentially profound implications," he said, adding that women who visit bars may not know they are pregnant and are unknowingly hurting their unborn children.

Brian Alg, 24, told the council that smoking rules should be left to businesses to decide.

"The thing is, businesses should be allowed to figure out what model works for them," he said.

Erin Fleener, a doctor, compared cigarettes to firearms.

"You're allowed to own a gun, but you're not allowed to walk into a bar and shoot it off," Fleener said. "I think you can smoke, but it doesn't give you the right to walk into a public place and light up."

Daniel Brightwell, the owner of Mad Hatter's, who had offered free beer to customers if the ordinance failed, said the ban would make it more difficult to be a bar owner.

He already has to keep up with Texas Alcoholic Beverage Commission codes, and now he'll be forced to watch for people trying to sneak a smoke, he said.

Council member Dennis Maloney said that he appreciated the public views the issue had generated but that it was misguided to think of smoking as a civil rights issue.

"You can smoke, and I will defend to the end your right to smoke, but do it outside," the former smoker said, adding that society has accepted that cigarette smoke is harmful.

Published Friday, January 23, 2009

8:19pm: Motion carries 6-0.

Tonight the College Station City Council will vote on an amendment to a city ordinance that would ban smoking in bars and restaurants; however the amended ordinance will not affect smoking on bar patios.

Left of College Station will be live blogging during the College Station City Council meeting, and if you are unable to attend the meeting you can watch it online at the College Station Television Station, Channel 19 online.

Background Smoking Bans

Texas is one of sixteen states that have no state-wide smoking bans; there are twenty-four states that have smoking bans in public buildings, restaurants, and bars.

White states have complete smoking bans, while grey states have no smoking bans. Yellow states have banned smoking in workplaces and restaurants, while red states have only banned smoking in restaurants. South Dakota has a ban on smoking only in workplaces.

As previously noted by leftofaggieland, in the state of Texas 59% of all municipalities have some type of smoking ordinance that affects restaurants; only 19% of municipalities in Texas place restaurants under completely smoke free ordinances. However, bars in restaurants fall under some type of smoking ordinance in only 30% of municipalities. In Texas 77% of all municipalities do have a smoking ordinance that affect bars; there are only 23 out of 259 municipalities in Texas that have ordinances requiring bars to be completely smoke free.

Last year Amarillo rejected a smoking ban by 238 votes; according to an article in the Amarillo Globe-News the chairman of a local organization, Breathe Easy Amarillo, has "no plans, at this point, of taking this issue on again in the foreseeable future.”

In September of 2005 Austin banned smoking in bars, and after being struck down as unconstitutionally vague by the United States District Court it was reinstated on appeal by the United States Court of Appeals in March of last year.

Health Effects of Smoking Bans

According to a recent study, a smoking ban in Pueblo, Colorado led to a drop in heart attack hospitalizations within three years.

The southern Colorado city saw a 41 percent drop in heart attack hospitalization rates among city residents in the three years after a smoking ban took effect July 1, 2003, according to the report by the U.S. Centers for Disease Control and Prevention.

Reimplementation Period: January 2002 – June 2003

Phase I: July 2003 – December 2004

Phase II: January 2005 – June 2006

From CDC Reduced Hospitalizations for Acute Myocardial Infarction After Implementation of a Smoke-Free Ordinance Report:

These findings suggest that smoke-free policies can result in reductions in AMI hospitalizations that are sustained over a 3-year period and that these policies are important in preventing morbidity and mortality associated with heart disease. This effect likely is mediated through reduced SHS exposure among nonsmokers and reduced smoking, with the former making the larger contribution.

Smoking Ban Legislation in Texas

House Bill 5, authored by Myra Crownover (R-64), was introduced in the Texas House of Representatives earlier this month; this bill, if signed into law, would ban smoking in all public places and places of employment.

Sec. 169.051. SMOKING PROHIBITED IN PUBLIC PLACES. A person may not smoke in a public place in this state.

Sec. 169.052. SMOKING PROHIBITED IN PLACE OF EMPLOYMENT. A person may not smoke in a place of employment.

Left of College Station will have continuing coverage throughout the College Station City Council Meeting.

Bar to Offer Free Beer if Smoking Ban Fails

By Cassie Smith

From the Bryan-College Station

It's come to this: A Northgate bar will hand out free beer Thursday if the College Station City Council chooses not to ban smoking in nightclubs.

For 37-year-old Daniel Brightwell, who owns Mad Hatter's off University Drive, the issue isn't just smoking.

"You privately own a business, and some governmental body tries to tell you what you can and can't do," he said. "A true free-market economy will dictate whether you need a smoke-free bar or not."

The City Council will decide whether to ban smoking in bars and in restaurants after 10 p.m. after a public hearing at 7 p.m. Thursday in the council chambers at 1101 Texas Ave. Smoking is already banned in restaurants during the day. The change also would eliminate smoking in workplaces. Many businesses already have a no-smoking policy.

Cities across the nation, including Austin and New York City, already have smoking bans in place.

Council members agreed to reduce the no-smoking distance from entryways from 20 to 10 feet after listening to residents at a Dec. 15 meeting, said Hayden Migl, assistant to the city manager. The change allows smoking on patios and porches as well as on College Main when the street is blocked to vehicle traffic, Migl said. The Northgate street is closed early in the mornings for the safety of people who are walking out of the bars that line the area.

Migl said city officials had heard from residents for and against the change.

"A lot of the e-mails have been against it, but the comments at the public meeting were just about split down the middle," Migl said, adding that city officials had tried to involve bar owners in the discussion.

As a social smoker, Zapato's Cantina manager Ashley Edwards says she's not sure whether the proposed change will help or hurt the bar's business.

"I can't speak for everybody here, but it's everybody's right to do what they want," the 27-year-old said. "If you don't want to be around it, you don't have to go to a bar."

Even if the ordinance passes, smoking will still be allowed on bar patios, Edwards said.

Enforcement of the ban will be left up to the discretion of the city manager, Migl said. Fire marshals have been responding to calls, but code enforcement officials or police officers could be called if needed. If the Police Department were called, he said, the response would be a low priority.

Bryan City Council members were a part of a November meeting in which the American Cancer Society lobbied for the ban.

Bryan council members said they would consider discussing the issue at a meeting but didn't plan to do so for several months. The council has yet to include a tougher smoking ban on a meeting agenda.

In 1990, the College Station City Council banned smoking in restaurants with fewer than 50 seats. That ordinance required larger restaurants to have at least half of their seating designated as non-smoking. It also banned smoking at Post Oak Mall, except in designated areas.

Smoking was banned in the city's rest rooms in 1995. And in 2001, the city banned smoking in public places such as offices and retail stores, as well as within 20 feet of the establishments' doors.

Bars were exempted.

Brian Schoppe said the proposal to be considered Thursday could attract more residents to Margarita Rocks for the patio.

The 27-year-old manager says he doesn't smoke and thinks the change would be great for employees who work in the industry.

"I've noticed that a lot of people that had asthma as kids, that work in the industry, tend to get sick more often," Schoppe said.

He said employees don't think the change will hurt business.

"We're hoping our patio will encourage people to come here who won't be able to go to other locations because they can't smoke," he said.

Because council members didn't suggest changes to the ordinance at the Jan. 8 meeting, Migl said, it's likely to pass.

"I'm expecting a sizable amount of people on both sides to attend the meeting," Migl said.

Brightwell said he wasn't surprised that the city's growing list of non-smoking places might soon include bars.

If people object to secondhand smoke, they don't have to work in or patronize bars, Brightwell said.

"We tried to take every step possible to make people aware," he said, describing how employees must sign documents acknowledging that they are aware that they will be working in a smoke-filled environment. "Anybody can go get a job at a restaurant at a smoke-free facility."

In Short

The College Station City Council will vote Thursday on new restrictions on smoking in the city.

* Public hearing: 7 p.m. in the council chambers, 1101 Texas Ave.

* On the Web: Watch a video interview and listen to a podcast of Mayor Ben White discussing the issue at www.cstx.gov.

* Free beer: Northgate bar Mad Hatter's is offering free beer after the meeting if the ordinance fails.

Published Thursday, January 22, 2009

In the state of Texas 59% of all municipalities have some type of smoking ordinance that affects restaurants; only 19% of municipalities in Texas place restaurants under completely smoke free ordinances. However, bars in restaurants fall under some type of smoking ordinance in only 30% of municipalities. In Texas 77% of all municipalities do have a smoking ordinance that affect bars; there are only 23 out of 259 municipalities in Texas that have ordinances requiring bars to be completely smoke free.

There is nationwide public support for smoking bans; a Gallup poll in 2005 showed that 54% favored smoking bans in restaurants and has steadily grown since the first poll in 1987 that showed only 17% of those polled support a smoking ban in restaurants. When asked about smoking in bars 40% of respondents supported separate smoking areas, 29% supported a total ban, and 28% supported no restrictions. In an unscientific internet poll on KBTX.com 62% of the 1,542 respondents supported “harsher smoking regulations.”

During the December 15^th public meeting several residents and business owners commented on the issues; seven people spoke in favor of the ban and ten people spoke out against the ban. Managers and employees of the Dixie Chicken, Mad Hatters, Corner Bar, and The Tap all spoke out against the ban, and many of them suggested that a smoking ban would hurt the bars economically however there were also suggestions of a compromise.

There have been some studies that have examined the economic impact of smoking bans. A study by Scott Adams, University of Wisconsin-Milwaukee, and Chad D. Cotti, University of South Carolina, examined the economic impact of smoking bans.

Using nationwide county-level data, these two studies examine the changes in employment at bars and restaurants after communities adopt smoking bans. Neither study finds significant employment changes at restaurants, on average, but both find statistically significant employment declines at bars, with loss estimates ranging from 4 percent to 16 percent.

However, the same study may suggest that because of College Station’s climate that bars in the city may be less affected than others in the study.

Climate also affected restaurant employment. Restaurants in warm climates fared better than those in cooler climates. The authors suggest that the reason for this might be that restaurants in warmer climates can more easily provide outdoor seating where smoking is not prohibited.

Another study by Michael R. Pakko, On the Economic Analysis of Smoking Bans, provides conclusive evidence that smoking bans may not have the economic impact when looking at broad based community studies and specific case studies.

The consensus of the literature on the economic effects of existing smoking regulations is that no statistically significant impact on overall business in a community can be ascertained. Some communities appear to experience a decline in sales or employment at restaurants and bars, while others appear to experience an increase, at least over time. Some studies find no evidence of consumer-flight to other locations, while others show some effect on bordering communities. However, the statistical significance of these findings is often weak or lacking.

This study finds that many of these studies are conducted with limited data, short sample periods, scare detailed local data, limited degrees of freedom, and omitted-variable bias. Also, consumer theory suggests that when an option is denied to the consumer similar products and services are usually substituted. If there is a disruption in the availability or price of a product it can temporarily skew the data as expenditures are relocated, and those over time leaving the overall consumer spending unchanged.

Although some will argue otherwise, this is not an issue of civil liberties; this is an issue of public health. The amendment to the ordinance that would ban smoking in public restaurants and bars does not infringe on someone’s right to smoke in the same way that not allowing someone to protest in the middle of University Drive does not infringe on someone’s First Amendment rights. There are already regulations in place to protect the public’s health in restaurants and bars, public health codes prevent unsanitary conditions and protect the public; this regulation will extend the protection of the public health to include protection from second hand smoke.

More CS Sites May See Smoking Limits
By Cassie Smith  

From the Bryan-College Station Eagle

It may soon be more difficult to light up in College Station.

The City Council voiced support Thursday for tighter regulations on smoking in public places such as restaurants and bars.

The city's current smoking ordinance allows smoking in bars, and between 10 p.m. and 6 a.m. in smoking sections of some restaurants.

Under a plan finalized Thursday, smoking would not be allowed in bars and restaurants or within 10 feet of bar entryways. Under the new proposal, smoking would still be permitted on areas of patios and porches of bars and on College Main when the road is blocked off to vehicle traffic.

A group of residents originally asked the council to ban smoking in all businesses and public outdoor areas.

Mayor Ben White said the compromise was a good solution and a "big step forward." It was necessary to expand the smoking ordinance, he said, because elected officials are charged with the health, safety and welfare of residents.

The ordinance also would prohibit smoking in workplaces, within 20 feet of entryways for public places other than bars, and at theatrical performances.

The ordinance will come back to the council for a public hearing and a vote at its Jan. 22 meeting.

Also at Thursday's meeting, the City Council agreed to allow staff members to move forward with a beautification program for landscaping in the area around Texas 6 and University Drive.

The major tree-planting project is designed to create a "gateway presence" into the city, said Marco Cisneros, parks and recreation director. Once the initial phase of the project has been completed, the council will consider expanding the program to other intersections along the highway.

The city will seek bids for a construction contract with hopes of beginning the work in the fall.

Published Friday, January 09, 2009