Smoke free Lewisville on the horizon

Lewisville moved one step closer to implementing its new smoking ordinance during Monday's city council meeting.

The Lewisville City Council had its second reading of an ordinance that will prohibit smoking in "food products establishments, bars, hotel and motel rooms with certain exceptions, bowling centers and within 15 feet of any opening where smoking is prohibited." On July 2, the council voted 3 to 2 in favor of the ordinance. Councilmen R Neil Ferguson, TJ Gilmore and deputy mayor pro tem Leroy Vaughn voted in favor of the ordinance.

"This was a very difficult decision for me because I too believe in property rights, but I also believe that as elected officials we have to do the most good for the most amount of people," Vaughn said. "I found that 95 percent of emails and phone calls I got were in support of the ordinance. The health of everyone trumps what is a business owners property right."

Mayor pro tem Rudy Durham and councilman John Gorena voted against it. Because it did not pass with a four-fifths vote, the ordinance has to be read three times.

"I'm against the proposed ordinance. The comments and emails I've received is that these establishments are losing revenue to surrounding areas," Durham said. "If you don't like the food a restaurant serves don't go to that restaurant. If you don't like that a restaurant allows smoking don't go to that restaurant."

Gorena said that while he hates smoking, and "loathes it tremendously," he exercises his right and doesn't go to a business owner's property where they allow or want their patrons to smoke.

"We are doing some things here that I don't feel a city council should do. As I understand the state and federal constitution, the rights are at a state level, and I would love to see a statewide smoking ban. At least it would be fair to everybody, which is one of my problems with the proposed changes," Gorena said. "Freedom and liberty means sometimes you have to allow people to do legal things that you don't like. It is your right not to go to those places."

The proposed effective date for the nonsmoking ordinance is Oct. 1.

"The issue cuts far and wide. Lewisville residents vastly do not want a continued exception from smoking for bars and restaurants," Gilmore said. "Smoking bans have been enacted in 105 countries, 27 states and over 70 cities in Texas. Flower Mound has one of the strictest ordinances in the nation, and they saw their restaurant revenue double over the increases in Lewisville after their ordinance was in place. Apparently, the eight to one ratio of nonsmokers to smokers counteracts the threats to take business elsewhere."

The ordinance also holds the owner of the establishments responsible for posting no smoking signs, advising someone who is smoking that smoking is not allowed and the ability to request the removal of a person who has been advised that smoking is not allowed yet continues to smoke. Certain places would be exempt from the ordinance including unenclosed outdoor seating areas that serve food as long as smoking is prohibited within five feet of any opening where smoking is prohibited.

The ordinance also deletes certain language from the current ordinance. It states that restaurants with indoor seating for less than 50 patrons and a physically separated bar area of a restaurant are also included in the smoking ordinance. The amendments also state that public places and/or restaurants less than 500 square feet will also be subject to the ordinance. Under the new ordinance, violators would be fined up to $500.

"Smoking causes cancer, heart disease and emphysema. The poisons and carcinogens including formaldehyde, benzene and arsenic linger invisibly in the air long after the smoker exhales. These exhaled poisons and carcinogens become the air others breathe," Ferguson said. "This is fact not assumptions. Safe air is no more an option than safe water. This ordinance regulates what people can do in or very near the doors of an enclosed public space -- this is nothing new."

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