Current News Releases
April 1, 2008
Columbia fired up to curtail smoking / S.C. high court rules cities have right to tighten restrictions
Reprinted with permisson from The State
By BILL ROBINSON brobinson@thestate.com
Columbia City Council, buoyed by a state Supreme Court decision March 31, will press ahead this week on activating a dormant 2006 ordinance that would prohibit smoking in public buildings.
Mayor Bob Coble said he asked the city's attorney to brief the sevenmember panel Wednesday on a ruling that upholds a municipal ordinance that bans smoking in Greenville's restaurants and bars.
The Supreme Court reversed a lower-court decision that initially sided with business owners who claimed the city of Greenville enacted a local law that exceeded the authority of state law.
Winning attorney Ron McKinney said the case is significant because it is the first time the S.C. Supreme Court has had before it the issue of second-hand smoke being a health threat, and no one questioned that assertion.
"Ten years ago, this would not have happened," McKinney said, explaining that in recent years overwhelming scientific evidence has confirmed the threat. Evidence, he said, includes a 2006 report by the U.S. Surgeon General's office saying second-hand smoke is poisonous and can cause cancer.
Until recently, he said, South Carolinians--with their tobaccogrowing traditions--debated the effects.
"When Ireland bans smoking in pubs and the French ban smoking in their cafes, you know something is going on," McKinney said.
"Now, the evidence is irrefutable," said McKinney, who represented the city of Greenville.
Losing attorney Randy Hiller said he might ask the high court to reconsider its ruling.
Greenville is one of 12 local governments in South Carolina to adopt legislation that bans smoking, according to the Smoke Free Action Network. Columbia approved a ban November 2006, but withheld enforcement until the Greenville appeal was resolved.
"I think this was a very important, and a great decision--not only for the health of our citizens, but for local government also," Coble said.
Howard Duvall, director of the Municipal Association of South Carolina, said Monday's ruling ranks on par with home-rule decisions of the mid-1970s.
"Smoking is a very dangerous thing for public health," Duvall said. "It will play very well with (association) members who have been taking a lead in protecting the public from second-hand smoke."
"Local governments will step up and do it," he predicted.
Tom Sponseller, head of the Hospitality Association of South Carolina, said, "The industry and business community are disappointed."
The organization, Sponseller said, opposes local smoking bans because "it drives customers from one city to the next."
The hospitality group, he said, would support a statewide smoking ban in restaurants and bars in the interest of uniformity.
Columbia's ordinance differs from the Greenville version in a significant way; free-standing bars in the capital city that derive 85 percent of their business from alcohol sales would be exempt.
Scott Fleming, the owner of Group Therapy, a Five Points bar, said he was unclear how his business would be affected.
Until told otherwise, "smoking will continue to be allowed as long as it is legal to do so," Fleming said by phone from Louisville, Ky., where smoking is banned in restaurants.
"People here are used to it," he said. "They go outside. People who don't (smoke) stay inside. It doesn't seem to cause an issue."
Dianne Light, a restaurateur in Columbia for 40 years, decided in mid-2007 to convert her Devine Street business to a smoke-free enterprise.
"We needed to do this for the restaurant. Our outdoor patio is where they can smoke."
Light believes business improved since going smoke-free.
Carl Greb, general manager of Jillian's Billiards Club in the Congaree Vista, said he has worked for Jillian's establishments in other states where smoking is banned or limited.
Smoking rules are "usually not a big determining factor in our business," he said.
About Columbia's smoking ban
Columbia’s new smoking ban, which takes effect July 1, prohibits smoking in public buildings, with some exemptions:
- Bars-- a freestanding establishment where at least 85 percent of gross revenue is derived from alcohol sales
- Private clubs with tax-exempt status, such as fraternal or social clubs
- Theatrical performances that require actors to smoke as part of the performance
- Motel or hotel rooms designated for smoking
- Retail tobacco stores
- Religious ceremonies where smoking is part of a ritual
- Medical facilities where smoking cessation classes are held
- Other restrictions: Smoking outside any indoor area where smoking is prohibited is allowed if the smoker stands at least 10 feet from the entry.
- Punishment: Building owners who violate the law would face fines up to $500 and imprisonment for not more than 30 days, same as with other misdemeanors. Individual violaters would face a civil penalty, not a criminal penalty.
Source: The State newspaper
