Both sides cheer vote on smoking ban

A vote to send a proposal for a stronger smoking ban back to a City-County Council committee Monday night drew cheers from opponents and supporters, who both saw the move as a sign their side could prevail in the months-long fight.

Foes celebrated that, at least for now, people can still light up in Indianapolis bars, bowling alleys, private clubs and other establishments where smoking would be prohibited under the proposal.

Proponents rejoiced that the ban is still alive and has time to gain more council supporters before it goes back to the full council, most likely in the next few months.

The council’s 20-7 vote to send the measure back to committee came at the urging of its sponsors, who said it was senseless to extend the vacillation that has occurred on the issue since the ordinance was introduced Oct. 5.

The stronger ban initially received an indecisive vote and then was tabled before the council decided last month to bring it back at Monday’s meeting.

Supporters had known for days they did not have enough votes to pass the measure, and Democrat Angela Mansfield, a key sponsor of the ordinance, had to miss Monday’s meeting unexpectedly.

Ben Hunter, a Republican sponsor who made the motion to send the ordinance back to the Community Affairs Committee, said the move would provide a chance to renew discussion with fewer political fireworks and allow council members to craft a compromise.

“We’re not going to get anything done on the full council floor,” Hunter said. “We’re getting nowhere, and all it’s done is create ancillary arguments that are not advancing the debate on public policy.”

Libertarian Ed Coleman, an opponent of the ordinance, urged the council to vote against sending it back to committee and to get the issue resolved Monday.

Dozens of supporters and opponents packed the Public Assembly Room of the City-County Building anticipating the council vote. Supporters wore green shirts with the logo of the group Smoke Free Indy; opponents donned red shirts that said, “Stop the Farce.”

Instead, the debate will progress, and both sides say they’ll be lobbying to keep the issue in the public eye.

Bill Smythe, who represents Marion County for the Indiana Licensed Beverage Association, said he sees a move back to committee as the ban’s kiss of death. He said the proposal lacks enough council support to pass, and getting an endorsement from Mayor Greg Ballard, who has said he would veto the ban in its current form, will be a challenge.

“I don’t think they get it,” Smythe said of the applause from ban supporters. “They think it’s going back to committee to come back changed. It’s going to committee to die.”

But Tim Filler, a spokesman for Smoke Free Indy, said he’s optimistic about gaining the support of Ballard and a few key council Democrats whose endorsement could tip the vote in the ban’s favor.

Earlier Monday, he and other smoke-free advocates delivered a box of more than 500 letters from constituents in support of the ban to Ballard’s office. In coming months, he said, the group will continue similar efforts to engage the public and make citizens’ opinions known to city leaders.

“This is obviously a marathon and not a sprint,” Filler said. “(Monday’s vote) is not a defeat for sure. It’s a blip on the screen in terms of the big picture.”

While supporters continue their efforts, Smythe and other opponents will work to counter them. Save Indianapolis Bars, which typically disbands between fights over the smoking ban issue, will continue operating and will bring on a paid staff member.

Council members also will try to come up with a solution that’s more broadly supported.

Hunter said that likely will include amendments such as exempting retail tobacco stores and private clubs and softening the provision prohibiting smoking within 25 feet of doorways.

By Francesca Jarosz
December 1, 2009

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