News
Joe Camel claimed victory Wednesday night as the second central Kenai Peninsula city in as many weeks failed to introduce its own proposed ban on smoking cigarettes in all public places including saloons. 031309 NEWS 1 Peninsula Clarion Joe Camel claimed victory Wednesday night as the second central Kenai Peninsula city in as many weeks failed to introduce its own proposed ban on smoking cigarettes in all public places including saloons.

Photo By M. Scott Moon

Dan Dwight, lighting a cigarette at the Maverick Saloon on Wednesday night, is against any proposal that would ban smoking in bars. "I am against it, not because I'm a smoker, but because I don't think we need to lose any more rights," he said. "I think it'll lead to more infringements of our rights if it does go through."

Friday, March 13, 2009

Story last updated at 3/13/2009 - 2:19 pm

Smoking ban dead -- for now: Lack of second kills Soldotna ordinance

Joe Camel claimed victory Wednesday night as the second central Kenai Peninsula city in as many weeks failed to introduce its own proposed ban on smoking cigarettes in all public places including saloons.

Almost as if scripted, Soldotna City Council members -- including Shane Horan, who initiated the proposal -- sat mute after the ordinance was moved for introduction by Councilman Scott McLane. Failing to be seconded by any council member, the ordinance died.

Mayor Peter Micciche later told about 40 residents who came to testify for and against the ordinance that under Robert's Rules of Order, parliamentary procedure dictates that an ordinance fails if it is introduced and does not receive a second.

The proposal would have expanded Soldotna's ban on smoking in restaurants to include all workplaces and all public places, including saloons and bars in private clubs.

A week ago, the Kenai City Council failed to introduce a similar ordinance.

Clean air advocates in favor of the proposal and business owners opposed to the smoking ban in attendance at Wednesday's meeting in Soldotna expressed their opposing views on the ordinance even though it died without action.

Referring to comments made in Kenai by some Teens Against Tobacco Use, Cindy Stonecypher said she is against the ban, but teens who said they were told to keep quiet about the issue should not remain silent.

"Shout it from the top of your lungs," Stonecypher said, adding she hoped no teenagers would take up the cigarette smoking habit.

"I don't believe bar patrons need to be educated," she said. "Teens need to be educated."

Representing the Veterans of Foreign Wars post in Soldotna, Commander Pat Hawkins and Jim Fassler reported the large amounts of sales tax paid by the private club to the city and borough, and said a ban on smoking in the club's bar room would be a financial disaster to the post.

Hawkins said the Crossing Restaurant in Soldotna closed because the establishment did not allow smoking.

Despite the failure of the proposed ban, Jenny Olendorff, project coordinator of the Peninsula Smoke-free Partnership, said, "I am willing to continue working with our community and elected officials for the health of our community."

Olendorff quoted from the U.S. Surgeon General report saying, "There is no safe level of secondhand smoke."

A number of those testifying in favor of the smoking ban reported being impacted by secondhand smoke from establishments in the building shared by their businesses, such as pull tab parlors and bingo halls.

Marquitta Andrus said her business shares a building with a pull tab business.

"The smoke comes through the outlets and the vents," she said. "The building owner has tried different (ventilation) machines and it doesn't work."

Horan asked Andrus if she had considered moving her business.

"It has been considered," she said.

Olendorff said the smoke-free partnership office also shares a building with a pull tab business.

"We're under the umbrella of Bridges (Community Resources Network), and I operate on such a teeny budget, I can't move," Olendorff said.

One opponent to the ban cited protection under the First Amendment of the U. S. Constitution.

Identifying himself as the worldwide spiritual leader and founder of the Church of the Eternal Father in Heaven, Gene Boblett said, "The oldest peace symbol in the United States is tobacco," referencing its use by Native Americans in peace pipes.

"When I go to have a meal, first I say grace," Boblett said. "What I do first is make my vapors before I say grace.

"The ordinance you already have on the books says if I go to a restaurant, I have to go outside in 35 (degrees) below weather because of my religious beliefs, and you're going to fine me $500," Boblett said.

"It's unconstitutional," he said. "I will fight this in a court of law as far as ...." he said, not completing his sentence.

Originally, the ordinance was on the city council agenda for introduction on Wednesday and setting of a public hearing March 25.

Micciche responded to a question about the smoking issue's future.

"Right now there's nothing on the 25th," he said. "It could go before the Committee of the Whole."

On Thursday, Micciche said, "It seems to me it's not completely a dead issue."

Following the public comments Wednesday, Olendorff said, "I'm going to keep educating the community (and) keep working with the teens to get people to quit smoking."

Phil Hermanek can be reached at phillip.hermanek@peninsulaclarion.com.




THE REC GUIDE

WINTER ACTIVITIES

If you think the Kenai Peninsula is beautiful in the summer, you should see it when cloaked under a thick blanket of white with the aurora borealis rippling through the celestial canopy above.

BERRIES OF THE KENAI PENINSULA

Whether intentionally seeking berries for jellies and jams or just out for a casual hike, residents and visitors will find the 50-some varieties of wild berries in Alaska hard to resist.

COMMON SENSE SURVIVAL

There’s adventure and beauty in the wild country, but also an element of risk.





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