Last night, Springfield City Council members heard 15 speakers sound off on an initiative petition that would repeal the smoking ban placed on most businesses in the city.
While business owners weighed in on both sides of the issue, only four members of the public spoke in favor of sending the measure to the polls for the second time in two years. With 53 percent of the vote in April 2011, Springfield citizens approved a smoking ban in enclosed public places for all but hotel workers and cab drivers. In its challenge of the law, Live Free Springfield collected more than 2,000 signatures that were
provided to the city Feb. 9.
Several business owners addressed the smoking ban, with most arguing for a repeal.
Jessica Hutson, co-owner of tobacco shop Just For Him, talked about the ripple effect the ban can have on other businesses. She said more of its out-of-town customers are choosing to frequent her shop less often. “The mall loses out, gas stations lose out," she said.
Will Scruggs, owner of Smoke 51 Outlet, which sells electronic cigarettes in the Battlefield Mall, said his first-quarter revenues in 2012 are down 50 percent compared to the same period last year. Jim Knight, owner of Knightyme Bar & Billiards Inc. at the corner of West Division Street and West Bypass, said his 2011 revenues fell 25 percent compared to 2010, and he attributed the losses at the blue-collar bar to the smoking ban.
Knight said he knew of a number of bars that had closed and he believed the smoking ban was largely to blame. “It’s our livelihood, not yours,” Knight told council.
However, Anne Kim, partner in downtown Springfield establishments Finnegan’s Wake LLC and Ophelia’s, said her revenues are up more than 10 percent at both locations.
“We’ve seen a big increase, and I think it’s because now we are on an even playing field,” Kim said, adding that Ophelia's was smoke-free prior to the ban. She said at Finnegan's Wake, she has noticed a decrease in the number of sick days her employees have taken since the ban has been in place.
Springfield print and copy shop PostNet owner Sonja Shaw, who identified herself as a non-smoker, said she hoped the city could modify the ordinance to increase the 5-foot distance smokers must observe from entrances.
“It’s turned into a small lounge outside,” Shaw said about employees and patrons of a nearby bar. “It can deter potential business.”
City Manager Greg Burris said sales tax receipts in the months following the ban were roughly flat for bars and restaurants.
A disagreement about whether council could pass the repeal by a simple majority of its members also was part of the public hearing.
City Attorney Dan Wichmer sparred with an attorney representing smoke-free educational organization One Air Alliance over what action council could take when the issue receives a second reading on March 24. Joe Easter of Easter Law Firm LLC cited the city charter stating voter-approved initiatives could not be repealed unless council votes unanimously to throw out the ordinance. Wichmer disagreed, saying council is only obligated to take one of two actions under the petition process - pass the ordinance to repeal or send it to voters.
“There is no prohibition in the law to having subsequent initiative petitions,” Wichmer said.
He said since registered voters in the city brought the repeal initiative to council, the governing body could choose to pass the ordinance by a simple majority, just as it had that option with the petition to ban.
Mayor Jim O’Neal asked fellow council members to reserve their opinions on the measure until after the ordinance receives a second reading at the next council meeting.
For more on this story, look to the March 16 digital edition or the March 19 print edition of Springfield Business Journal.[[In-content Ad]]
