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County voters to decide fate of smoking in city, county
(by Kara Krekeler - October 28, 2009)
After several years of on-and-off talk from the St. Louis County Council about passing a countywide smoking ban, voters will make the final decision on Nov. 3 when they weigh in on Proposition N.
Those same county voters will also decide whether or not the city of St. Louis will instate a smoking ban, after an Oct. 23 meeting in which the St. Louis Board of Aldermen passed a smoke-free ordinance that hinges on the county passing similar legislation.
If passed, Prop N would prohibit smoking in enclosed public spaces, including bars, restaurants, concert venues and indoor and outdoor sports facilities. It would also ban smoking on sidewalks and other outdoor spaces within 15 feet of an entrance to a public building.
The ordinance would exempt casino gaming floors; cigar and tobacco stores; hotel and long-term care rooms that have been designated for smokers; designated smoking areas of Lambert St. Louis International Airport; and bars that receive 25 percent or less of their gross sales from food.
Matt McLaughlin, a spokesman for County Councilwoman Barbara Fraser, who introduced Prop N, said that while it’s difficult to predict before passage, he believes that there are fewer than 100 bars in the county that would qualify for the 25 percent exemption. There are approximately 1,000 establishments with liquor licenses in St. Louis County.
“Locally, if you’re open on Sunday, you have to have at least 50 percent of your sales from food,” McLaughlin said.
If passed, Prop N would go into effect on Jan. 2, 2011.
Prop N will go to voters as Kirkwood considers a city-specific ban; that measure, Proposition 1, will also appear on the Nov. 3 ballot.
The countywide proposition also comes on the heels of several other smoking bans that have been passed in the St. Louis area. In 2006, Ballwin became the first city in the county to pass a smoking ban, and was joined earlier this year by Clayton. Washington University also decided this year to instate a smoke-free policy on all of its campuses. Both Clayton and the university’s bans are set to go into effect in July 2010.
Most recently, however, the city of St. Louis Board of Aldermen approved smoke-free legislation in a meeting Oct. 23.
The St. Louis City Smoke Free Air Act of 2009, which was introduced in May by 28th Ward Alderman Lyda Krewson, will prohibit smoking in enclosed public spaces with similar exemptions as those proposed in Prop N; the major difference is that bars with incidental food sales are not exempt, although those smaller than 2,000 square feet have five years to comply with the ordinance.
Krewson said that while she couldn’t think of one in the Central West End (which is within her 28th Ward) there are “a fair number of places” throughout the city that will qualify for the deferral, particularly in Soulard.
The ordinance will only go into effect if and when St. Louis County passes smoke-free legislation, giving more weight to Prop N. That caveat in the bill raised eyebrows from those on both sides of the debate when Krewson first introduced the bill, with representatives of both anti- and pro-smoking ban groups questioning the wisdom of putting city health policies in the hands of the county.
One of those who expressed concerns was Bill Hannegan, a CWE resident and longtime opponent of smoking ban legislation, who also worried that exempting casinos from a ban while disallowing smoking in bars would put bars at an economic disadvantage.
In an open letter to Krewson dated Oct. 9, he asked that Krewson amend the bill with an age restriction, such as allowing smoking in establishments that are off limits to those under 21. Such an amendment did not take place.
Krewson said before the Oct. 23 meeting that she thought the passage of the city bill would help Prop N gain momentum, a sentiment seconded by McLaughlin.
“The more these ordinances are passed, the more we feel comfortable” with smoke-free environments, he said. The passage of the city bill also punches holes in the common anti-smoking ban argument that smoke-free legislation in one jurisdiction would put it at an economic disadvantage when compared to places that allow smoking indoors.
“If we’re all on the same page, that argument becomes weaker,” McLaughlin said.
Local business owner Joe Edwards, who owns several businesses in both St. Louis city and the county, said he paid close attention to the proposition as it worked its way through the county council, and said that as long as a smoking ban was widespread — which he defined as at least city- and countywide — it would be a positive for the region.
“I don’t think that anyone would be at a disadvantage,” he said, noting that he’s received compliments on the fact that the new Moonrise Hotel and its restaurant, Eclipse, opened earlier this year as completely smoke-free establishments. The Moonrise is located within St. Louis city limits.
• Also on the ballot in St. Louis County is Proposition E-911, a measure that, if passed, would create a countywide emergency communications system and upgrade the county’s siren system. The 0.1-cent sales tax is expected to raise $13.6 million a year for the system.
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