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Nearly two years after a city smoking ban took effect -- and 10 months after an exemption for bars expired -- reports of violations are still coming in to the city.
So, Elkhart Police Department officials said, it was time to crack down.
Police visited 27 restaurants and bars Thursday night, checking to see if the rules of the city's clean air ordinance were being followed. They found 19 violators, issuing tickets to six businesses and 13 individuals.
"Based on the complaints we had received," said EPD spokesman Lt. Ed Windbigler, "we just figured it was time to go out and make sure everyone was in compliance."
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Smoke outside or don't smoke at all. That's the word from the city of Elkhart who sent out 8 police officers to enforce their Clean Air Ordinance, or the smoking ban. Since April 2008, you're not supposed to smoke inside any restaurant or bar within city limits. 6 bartenders and 13 customers were handed citations for violating the smoking ban.
The first violation is a verbal warning and the second is a written warning. The third violation is a one hundred dollar fine. And every fine after that is worth $500. At any time, the judge could also tack on about $115 in court fees.
Even though the ordinance is about two years old and there are fines for violations, last night's sting shows that there are still quite a few holdouts. . . .
Thursday night, city police officers made sure 27 places were in compliance with the smoking ban after getting numerous complaints.
"The biggest complaints come from other restaurants or bar owners who say I'm complying and there are others who are not in compliance with it," said Elkhart Police Department Lt. Ed Windbigler. . . .
Lt. Ed Windbigler says this is the first sting they've done to crack down on violations. But it came at a cost.
"It took 8 people to do this enforcement when they should be fighting crime," said Elkhart Police Department Lt. Ed Windbigler. . . .
Most who disapprove of the ordinance say it should be statewide or not at all. And while some businesses cited Thursday night say they'll continue to allow their patrons to smoke indoors, Braddock says not under her watch.
Police visited 27 bars and restaurants and issued 19 citations.
Both people and businesses were cited, but the word on the streets is when those citations are issued, people are simply shrugging their shoulders.
If you light up inside or less than 50 feet away from an entrance of an Elkhart restaurant or bar, you're in violation of the Clean Air Ordinance.
Mick Slater says, “To me, as I said, this is a farcical law.”
One of six businesses cited Thursday night was Hunters Place, where the topic of conversation was another local bar owner who's already been to court.
Slater says, “The judge allegedly looked at the charges and said this is unenforceable and threw it out. If the judge threw this case out it could set a precedent where by other cases can be dismissed. So, that's taxpayer dollars at work.”
The number of adult smokers in Howard County is below the state average, according to recently released county health rankings done as part of a study by the University of Wisconsin.
The Howard County Tobacco Coalition said the report provides a great opportunity for the county to closely examine the role smoking plays in the health of the community.
The coalition wants to expand the current Kokomo ban to include all businesses and to extend it to the remainder of the county.
"We need to take more concrete steps to implement stronger smoking policies that will lower the county's smoking rate in cities and towns," the coalition said in a press release.
According to the study, Washington County has the highest percentage of adult smokers at an estimated 43 percent.
I was disappointed in the deadlock City Council vote in the effort to tighten the smoking ban in Evansville. I thought the testimonies were excellent and I just couldn't understand the motives of those councilmen who voted no. . . .
I had a conversation with her about this being a health issue but she didn't get it. Emotion was high in the back row. Indeed, during the two-hour proceeding, several people walked out saying they had to "have a smoke."
Someday after I retire from my present position as a St. Mary's health care advocate, I plan to work in a hospice. I will no doubt be taking care of smokers who are going to have to deal with the ravages of lung cancer, heart disease, strokes, and COPD. I do feel sorry for the fact that they are hooked, but I wish they would do what it takes now to quit this dreadful tobacco habit.
There is help out there, even if it is not presently coming from our legislators.
Earlier this week, we took a stand supporting an Evansville smoking ban.
We have received a lot of feedback.
Joe Wallace agreed with our stand and says:
"As the smokers rationalize myths to feed their addictions, four members of the city council used these myths to justify irrational and irresponsible votes on Monday night."
The majority of those who contacted me disagreed. . . .
Here is a list of unedited emails that were sent in response:
I am one of the owner's of Fast Eddy's and was very glad to see that the amendment failed in City Council because it was a very bad law since it had exemptions for some.
The Indiana General Assembly adjourned last week before acting on a proposed statewide smoking ban that would have cost the state untold jobs and tax revenues, said the International Premium Cigar & Pipe Retailers Association.
Our Indiana association members and their customers had a lot to do with effectively defeating this proposed legislation
They contacted their state representatives and senators in opposition to the bill because it was discriminatory, unnecessary and it would have cost jobs and tax revenues. . . .
In response to Brown's claims that smoking bans do not hurt revenue at bars and restaurants, McCalla cited the Federal Reserve Bank in St. Louis regarding the proven negative effects on businesses from legislated smoking bans.
"The Fed has found that, based on impartial data generated by the Bureau of Labor Statistics, significant employment declines result from forced smoking bans, especially in bars and restaurants due to lost revenues," he said.
How is it that six or seven people on a council can tell you where you can and cannot smoke?
Telling people who own a business that they can't allow smoking inside? What's wrong here people?
You just want to sit back and let a few people tell you what to do. Sounds like Big Brother.
How many people are out of work because of this?
They have never proven tobacco causes cancer.
It is time to take the power from these little demigods.
Knowledge Empowering Youth are joining thousands of kids across the country taking part in Kick Butts Day, a youth-led anti-tobacco initiative.
Some Evansville City Council members think they would improve the chances of passing a stricter local smoking ban by eliminating exemptions for Casino Aztar, private clubs and other organizations.
But others don't want to gamble with one of the city's most important revenue sources.
Every year, the casino gives about $11.8 million to the city in both taxes and payments for leasing ground.
Councilman Dan McGinn, R-1st Ward, noted the council has pledged to spend revenue collected from Casino Aztar on the arena going up Downtown.
A tie vote at Monday night's Evansville City Council meeting means an immediate no to a smoking ban at city bars and restaurants, but council member Curt John was missing.
How would he have voted?
John is a restaurant-bar owner.
He co-owns Nick's Pizza and Wings, the Main Gate Sports Bar, and Showme's on the east side.
So, John has a stake in the outcome of any smoking ban vote, and said his vote would have been against it.
Some on City Council think they would improve the chances of passing a stricter local smoking ban by eliminating exemptions for Casino Aztar, private clubs and other organizations.
But others are adverse to gambling with one of the city’s most important sources of revenue.
Councilman Dan McGinn, R-1st Ward, noted the council has pledged to spend revenue collected from Casino Aztar on the arena going up Downtown. Every year, the casino gives about $11.8 million to the city, in both taxes and payments for leasing ground.
McGinn voted in favor Monday of extending Evansville’s smoking ban to bars, restaurants and taverns, but still to exclude Casino Aztar, private clubs, hotel rooms set aside for smoking and other places. Shortly after that proposal hit an impasse in a 4-4 vote, several council members suggested bringing it back without exemptions.
If City Councilman Curt John had been at the council’s meeting Monday, his vote wouldn’t have helped to tighten Evansville’s smoking ban.
John said today he planned to oppose an amendment that would have banned smoking at local bars, restaurants and taverns. John said he wanted to attend the meeting Monday but was prevented because he was in Indianapolis, trying to secure a liquor permit for a Show-Me’s restaurant he wants to open there.
“I’ve not shied away from any controversial issue since I have been on the council,” he said. “I’ve always been there to vote.”
If he had followed through with his stated intention, the final vote Monday would have come out 4-5, enough to defeat the ordinance officially. As it was, the vote was 4-4, which has the same effect as a defeat.
The Illinois smoking ban has been in effect since 2008. Ohio's ban has been in effect since 2006. But after several attempts, Indiana hasn't passed it's own ban.
Indiana's most recent proposal made it through the Indiana House but didn't even get a hearing in the Senate.
Some feel the language in the House version was too lenient, a smoking bill that didn't really ban smoking.
One such group is CHANCES for Indiana Youth, a healthy living organization.
"It came out of the House laden with loopholes that were the size of a Mack Truck,"
The City Council reached a stalemate tonight on a proposal to tighten Evansville’s smoking ban.
But members left open the possibility of eliminating bans for Casino Aztar and private clubs and returning to the issue at a later meeting.
The amendment considered tonight would ban smoking in restaurants, bars and taverns. The council’s vote came out 4-4, not enough either way to pass it or defeat it. Councilman Curt John, D-at large, was not in attendance.
Councilman John Friend, D-5th Ward, was one of the members who voted against the amendment, saying he couldn’t stomach the exemptions it contains for Casino Aztar, private clubs and other organizations.
“It appears to me we are being hypocrites if we think: These people we should exempt and these people we shouldn’t exempt,” he said.
Asked if he would support a measure without exemptions, Friend said he would like to study the likely economic effects of such a strict ban before deciding.