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Politics & Government

Dooley on Smoking Ban: 'We're Going to Review It'

On Tuesday in Clayton, St. Louis County Council members heard public comments from residents who want to end exemptions for certain bars.

For Marty Ginsburg, the St. Louis County smoking ban hasn’t been a boon to business.

Ginsburg—the owner of the —told the St. Louis County Council on Tuesday in Clayton that the nearly seven-month-old ban on smoking inside most public buildings hasn’t produced a “level playing field.” That’s because exemptions allow numerous bars that primarily serve alcohol to escape the ban’s reach.

And even though Ginsburg initially opposed implementing the smoking ban, he was one of five speakers Tuesday who urged council members during a public comment period to remove exemptions.

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“Personally, from a business standpoint, our business is down big-time,” Ginsburg said. “I myself personally, I would have never believed it. And as everybody up there knows, I was totally against this ordinance passing. I never would have believed that my health would have been affected the way it has been. So I don’t have a problem with the ordinance. I have a problem with level.”

“When you’re given the opportunity to go up the street to another place where you walk in there and it’s like a smoking machine blowing into your face and sales are down, they are,” Ginsburg added. “We had a meeting yesterday, there’s a bar in Florissant where their sales are down 40 percent. They said they’ll be lucky to stay open.”

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The smoking ban, which in early January, exempts bars in which 25 percent or less of their sales are food. It also exempts casinos, cigar bars and private clubs. Barbara Fraser, a former County Council member from University City who sponsored the smoking-ban ballot item, told council members that while the ban had some positive attributes, it needed to be extended further.

“It’s time to eliminate the exemptions for small bars,” said Fraser, who lost a close contest for the state Senate against Ladue Republican John Lamping in 2010. “Why should we do this? Because second-hand smoke causes cancer, heart disease and serious lung ailments. Second-hand smoke is a serious health risk. I ask you as decision makers to really work to improve the health of your constituents.”

DOOLEY SAYS EXEMPTIONS UNDER REVIEW

St. Louis County Executive Charlie Dooley said the effect of the smoking ban is being examined. And he added any major changes, such as removing exemptions, will be put off until further study is completed.

“We’re going to review it and we’re going to have council meetings on it and (Committee of the Whole) meetings about it, and we’re going to see what’s best for St. Louis County,” Dooley said. “It’s only been six months. Six months is not a very long time.”

“I’m going to reserve a comment until I get all the information and the data in it,” Dooley added.

Dooley said the will be looking at the types of businesses that received exemptions and whether such exceptions created an unlevel playing field. He also said will not affect what occurs in St. Louis County.

During the debate in 2009, Dooley said he would have preferred a statewide smoking ban similar to that found in Illinois. That way, he said, each county in the state would have the same regulations.

“I would prefer it being a state mandate, that’s my preference,” said Dooley, adding that such a move is unlikely to be enacted anytime soon.   

BURKETT OPPOSES EXPANSION

District 2 Councilwoman Kathleen Kelly Burkett, D-Overland, opposed  the smoking ban in 2009 and said this week she does not want to see it expanded.

“The night that we voted on this ordinance that was passed by the people, I made it very clear that night that that bill was not a level playing field,” Burkett said. “There were exemptions in that bill from day one. Everybody who attended meetings knew that. Now the general public that voted on it probably did not understand that. That would stand to reason.”

Burkett said removing the exemptions could have economic consequences for St. Louis County businesses.

“You have St. Charles County that’s wavering back and forth,” Burkett said. “You have the City of St. Louis, who if we do pass this, their exemption still stands. So they won’t have as strong as a smoking ban as St. Louis County. Again, you’re still not at a level playing field. Then you’ll have people coming back and complaining because their business is going to the City of St. Louis, to St. Charles County.”

OTHER BUSINESS

  • District 4 Councilman Michael O’Mara, D-Florissant, introduced an ordinance that would adopt a redevelopment plan for the Jamestown Mall in Florissant.
  • Another ordinance introduced at the meeting would extend a 1 percent Emergency Telephone Tax. That tax can be used for all expenditures related to emergency telephone services, such as 911.
  • The council provided final approval for an ordinance authorizing more than $6 million for various employment assistance programs. That ordinance will go into effect once Dooley signs it.
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