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Highland Park Update
Highland Park toughens its ordinance
12/20/2007
By Bob Susnjara | Daily Herald Staff
When Illinois lawmakers approved a statewide ban on smoking in indoor public places starting Jan. 1, the idea was to have the same standards for every town.
But officials in one prominent North Shore city don't believe the statewide law related to secondhand smoke goes far enough.
Highland Park has approved an amended local law that bans smoking in outdoor places, such as public golf driving ranges, city-owned lots and Metra commuter rail platforms. The stricter rules also take effect Jan. 1 and will trump state law.
Democratic state Sen. Terry Link of Waukegan said while he won't discourage Highland Park and other towns with home-rule powers from enacting more restrictive smoking laws, caution should be exercised.
"If you make it too much different from what we did, you're going to have that (city-by-city) confusion again," said Link, who sponsored the Smoke Free Illinois Act that bans puffing in bars, restaurants, public buildings and workplaces.
Before the General Assembly's action this year, a hodgepodge of suburbs and counties enacted indoor smoking bans. The uneven landscape prompted concerns about bars and restaurants in areas that prohibited indoor smoking losing business to places with no such laws.
Link said he hasn't heard of another city in Illinois that's made a move similar to Highland Park's since Gov. Rod Blagojevich signed the statewide smoking law in July. Highland Park's stricter smoking ban ordinance was passed by a 7-0 city council vote last week.
Mayor Michael Belsky said Highland Park's local law was beefed up because smoking is a public health issue. The city enacted Lake County's first smoking ban in June 2005.
"We were a leader with respect to passing a smoking ban in Lake County," Belsky said. "We don't mind a leadership position here."
Smoking will be forbidden at all parks, beaches, school property, Metra platforms, public golf driving ranges and Port Clinton Square -- home of summer concerts in downtown Highland Park. Ravinia Festival already prohibits smoking.
Golfers still can puff stogies and cigarettes as they play public courses, but not within 25 feet of the first tee or clubhouse, according to the updated ordinance.
In addition, smoking will be banned in city parking lots, in miniature golf courses and on public sidewalks within 25 feet of an outdoor eating area.
The additions to Highland Park's smoking ban have nothing to do with public health, argues one critic, Garnet Dawn Scheuer of Lake Bluff. She's the Midwest regional director for The Smoker's Club Inc.
"They're trying to lead the charge is what they're trying to do," Scheuer said. "They want to be the most extreme."
Highland Park Assistant City Manager Patrick Brennan said there is strong support from businesses and residents for the enhanced no-smoking ordinance.
Someone smoking in prohibited areas in Highland Park will face fines of $100 to $750 for each violation. The state law calls for $100 to $250 fines.
Link said he considers Illinois' smoking law to be the toughest in the United States. He said indoor secondhand smoke was the primary concern.
Tough to smoke
Highland Park's city smoking ban ordinance is more restrictive than the Smoke Free Illinois Act. Both laws are effective Jan. 1.
Hotel/motel rooms
• Highland Park: No more than 10 percent may be designated for smoking
• State law: 25 percent.
Common residential areas
Highland Park: Smoking prohibited
State law: No such ban.
Entrances to public places
• Highland Park: Smoking prohibited within 25 feet
• State law: Smokers must be 15 feet away from any entrance.
Fines
• Highland Park: $100 to $750 for each violation
• State law: $100 to $250.
Source: City of Highland Park
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Highland Park Bans Most Outdoor Smoking
Dec 19, 2007
North suburban Highland Park has passed a sweeping smoking ban that prohibits anybody from lighting up just about anyplace outside.
On Jan. 1, the Illinois Smoke Free Act, which bans smoking in all public places in the state, goes into effect.
The act bars smoking in all hospitals, restaurants, bars, taverns, retail stores, offices, elevators, indoor theaters, libraries, museums, concert halls, educational facilities, nursing homes, auditoriums, schools, meeting rooms, exhibit halls, convention facilities, private clubs, lobbies, bowling alleys, skating rinks and student dormitories, as well as a 15-foot area surrounding each building. The 15-foot area includes all doors, windows and intake vents located on the buildings.
But that's not enough for Highland Park.
The North Shore suburb passed an ordinance that goes even further than the state's smoking ban.
The Highland Park smoking ban, which was passed on Dec. 10, bans smoking not only in enclosed public areas, but unenclosed areas, as well, including parking lots, golf courses and truck and railroad loading docks and platforms.
According to the ordinance, as of Jan. 1, 2008, no one will be allowed to smoke in outdoor venues, park grounds, school grounds, public golf driving ranges, miniature golf courses, the City Hall and Highland Park Public Library campuses, city-owned parking lots, outdoor eating areas (unless the person is walking through the eating area), beaches, the unenclosed areas of Renaissance Place and gas stations.
Additionally, "no person shall smoke in, or within 25 feet of, an outdoor venue during the time that an outdoor event is taking place in that outdoor venue." So, no smoking in or near Ravinia. And no smoking in any common areas of any condominium, dormitory building, nursing home, longterm care facility or apartment building.
Smoking will also be prohibited in all retail tobacco stores, unless the store has an incidental smoking area which was in existence prior to April 25, 2005.
Fines range from $100 to $750 for a first offense and can be as much as $3,000 for a third offense within a 12-month period.
The purpose of the ordinance, it states, is "to protect the public health, comfort and environment by prohibiting smoking in all enclosed public areas, all places of employment, and in certain unenclosed public areas, in order to ensure that nonsmokers may breathe air free from the hazardous effects of secondhand smoke."
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Smoking not illegal, and not the worst
9/28/2007
In response to Helen Clark's letter concerning consideration of an exception to the smoking ban rule for casinos, I have to first say I am not now a smoker and haven't been one for over 20 years.
I am also one of the minority that seems to feel that it should be the decision of the private owner of an establishment whether to allow smoking there, as it is our right not to enter or work at an establishment where smoking is allowed. Smoking is not an illegal activity.
That being said, I want to share some statistics with Clark. According to the EPA, approximately 3,000 American non-smokers die each year from lung cancer caused by second-hand smoke. That is a very high and avoidable number, I agree.
According to the National Cancer Institute, 15,000 to 22,000 lung cancer deaths each year are related to radon.
I ask Clark and our Illinois legislators, who seem to believe we are too feeble to make discerning, intelligent decisions for ourselves, what do they propose the state do about radon, which seeps in from the ground into most, if not all, our homes and businesses?
I won't bore Clark with the statistics about the damage alcohol can do, even to innocent bystanders who are maimed or killed each by drinkers.
Elisabeth Bitter Highland Park
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From: Garnet Dawn
To: sfaiwell@dailyherald.com ; cityhall@cityhpil.com ; maribarnes@thecustomframercom . ; mrboating@aol.com ; chamber@ehighlandpark.com ; cityclerk@cityofchicago.org
Sent: Friday, June 03, 2005 7:33 PM
Subject: SMOKE BAN BEGINS - Highland Park
From: Garnet Dawn To: ; ; . ; ; ; Sent: Friday, June 03, 2005 7:33 PMSubject: SMOKE BAN BEGINS - Highland Park
Highland Park City Hall
1707 St Johns Ave
Highland Park, IL 60035
Highland Park Chamber of Commerce
508 Central Avenue, Suite 206
Highland Park, IL 60035
Phone 847-432-0284
RE: SMOKE BAN BEGINS - Highland Park http://www.dailyherald.com/search/searchstory.asp?id=56372 Dear Mayor Belsky, Councilman Brenner, Councilwoman Barnes and the Highland Park Chamber of Commerce: cc: Mayor Richard M. Daley, Chicago cityclerk@cityofchicago.org Sahah Fairwell, Staff Reporter, Daily Herald, sfaiwell@dailyherald.com I am a neighbor who resides in Lake Bluff, and I have frequently spent afternoons shopping and meeting friends for lunch in Highland Park. However, now that Highland Park has enacted this smoking ban, I will never again spend a single penny in your city. I will go elsewhere. The majority of restaurants were already non-smoking and this legislation was unwarranted and not necessary. You have allowed yourselves to be influenced by anti-smoking special interest groups, and I doubt if the smoking ban in your city would have been approved so easily if both the Illinois Senate and House had not just passed the Clean Air Act - Home Rule. You are intentionally hurting Highland Park small business owners who are also voters. Even though passive smoke it is now called a health hazard in many circles, not one study has ever been able to supports these claims. Inescapable vehicle emissions or the smog alerts we have to endure every year are the real health hazards. Non-smokers were never forced to ferret out the few places that still allowed smoking in your city. Are any of you aware that the commonly used statistic that second hand smoke kills 53,000 (or more) people in this country every year came from Stanton Glantz, not the CDC or EPA? http://forces.org/research/files/acs.htm "Glantz was the real source behind the widely quoted statistic 53,000 second-hand-smoke-related-deaths per year. The EPA denied it, after the CDC released it to a couple of Florida newspapers. The number was never retracted..." See http://www.illinoissmokersrights.com/stanton_glantz_doctor_of_what.html One last piece of interesting information about Dr. Glantz , the trusted source who initiated all the second hand smoke claims, is that he does not have his Ph.D. in a field even related to health. His title originates from a Ph.D in Mechanical Engineering!
I hope the Highland Park officials who passed this ban will live to regret it and then will repeal it, as so many other municipalities across the country have done.
Sincerely,
Garnet Dawn
Lake Bluff, IL
Smoke ban begins
By Sara Faiwell
Daily Herald Staff Writer
June 02, 2005
Highland Park enacted Lake County's first smoking ban Wednesday, a move local health officials say is something they hope all municipalities will soon consider.
It means all indoor public areas, including restaurants, taxis and places of work, in the city are off limits to smokers. The ordinance was approved by the city council in April.
"The second-hand smoke issue is becoming really big," said Bill Mays, the county health department's director of community health services. "Highland Park's leadership in this regard is an important precedent."
Health department officials say the action is the most sweeping they've seen. That's due, in part, because Highland Park is one of 20 communities in Illinois that can legally enact smoking bans tougher than state standards.
All that is poised to change if Gov. Rod Blagojevich signs off on a plan that would allow individual municipalities to snuff smoking on their own turf. The plan, in the works for more than a decade, was recently approved by the state legislature and awaits approval from the governor.
However, Highland Park's smoking ban is not without opposition.
Richard Holleb, owner of Norton's Restaurant on Sheridan Road, said he had 350 customers sign a petition against the ordinance before it was passed. His restaurants turn into bars at night, where he used to permit smoking once the kitchen closed.
"My guess is that I will lose business," Holleb said.
For local residents like Simon Pestell, who walked through downtown Highland Park Wednesday with a cigarette in hand, the ban foreshadows what's to come over time in most cities.
"Personally, I think it's stupid because restaurants have good ventilation systems now," he said.
At Rosebud restaurant, general manager John Folinazzo said he knows non-smokers will be happy cigarette and cigar fumes won't be coming from the bar area anymore.
"In the summer, people can come and sit on the patio to smoke, but the winter is a whole other story," he said
Highland Park officials were not available for comment.
Mays said he hopes other communities follow Highland Park's example if the governor enables them to do so.
Here we go already!! Now that the Clean Air amendment bills have been passed by the Illinois house and senate, the push for smoking bans has already begun...with Glencoe.
Joel J. Africk, (our Anti friend who attempted to stop the shipment of cigarettes from Skokie to our troops in Iraq a few months ago) of the American Lung Association of Metropolitan Chicago, is already at the forefront of Antis encouraging a statewide smoking ban.______________________________ Garnet Dawn - The Smoker's Club, Inc. - Midwest Regional Director The United Pro Choice Smokers Rights Newsletter - http://www.smokersclubinc.comIllinois Smokers Group - http://groups.yahoo.com/group/illinoissmokers/mailto:garnetdawn@comcast.net - Respect Freedom of Choice!
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Highland Park puts limits on smoking
By Sean D. Hamill
Special to the Tribune
Published April 27, 2005
Highland Park has become the second North Shore town to enact a comprehensive ban on public smoking that covers restaurants, bars and nearly all places of employment.
By a 5-1 vote, the City Council approved the ordinance, effective June 1, which had been debated for nearly a year, including for two hours Monday night.
"It’s not an easy issue," Mayor Michael Belsky said Tuesday. "You certainly don’t want to hurt your local restaurants, which have become a big part of our local economy. But I think the City Council sided with the public health issue."
Opponents of the ban said Monday that all but seven of the city's 80 restaurants already bar smoking, and they argued that the decision should be left to the owners, who have to deal with financial ramifications.
"I really think it's going to be the kiss of death for my late-night business," said Kathy Govas, owner of Metropolitan Cafe, 1791 St. Johns Ave., who allowed late-night smoking only after customers told her they were going to nearby restaurants that allowed them to light up.
The ordinance exempts long-term health-care facilities and hotels that have designated smoking rooms, but bars smoking virtually everywhere else.
Violations will be punishable by fines of $50 to $500 per offense, officials said.
In July, Wilmette approved a similar ban that was touted as the most comprehensive in Illinois. Bars and restaurants are included in the North Shore suburb's ban.
Evanston bars smoking in most workplaces but exempts restaurants and bars. Skokie started the North Shore trend two years ago when it banned smoking in most businesses but not in bars or tobacco shops.
Belsky said the city will ask Gov. Rod Blagojevich to push for a statewide smoking ban that would eliminate many of the concerns restaurants have about losing business to competitors in nearby towns, something Govas also welcomed. http://www.chicagotribune.com/
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Proposal would allow suburbs to ban smoking
BY JOHN P. KELLY
STAFF WRITER
A glass partition to separate smokers - or more accurately their smoke - from nonsmokers is expected to be installed this week at the newly remodeled Northfield Restaurant.
Susan Wesley, a smoker and a waitress for the past nine years at the diner, said a section protected by glass should keep even the most sensitive patron from stuffily waving a hand in front of his face.
Co-worker Rebecca Sniadach disagreed and said glass partition or not, the smoke still saturates clothes and gets into lungs.
"I hate it," said Sniadach, a nonsmoker who worries that breathing in second-hand smoke, shift after shift, will worsen her health.
"I don't want to breathe your smoke either," Betty Bauman, a regular at the diner, told Wesley as she joined the breakfast-hour exchange on Monday over a pending state law that would allow towns like Northfield to outlaw smoking in public places.
The diner's proprietor, Georgia Pappas, would have no problem if her restaurant were forced to go smoke free, she said.
"But it has to be everywhere," Pappas said. "I don't want to lose business to other towns."
Pappas' fear is not so far-fetched under the proposed law.
Separate measures passed by lawmakers in both the Illinois House and Senate this month would let all Illinois towns and cities ban smoking inside local restaurants and bars, a right now reserved for only 20 cities by the 1989 Illinois Clean Air Act, which allowed only municipalities with pre-existing restrictions on smoking to supersede state limits. The bills are being considered in the opposite chambers.
Wilmette, Evanston and Skokie are among the few towns that have restricted the right to light-up in recent years. Wilmette's blanket ban on smoking in public places, including restaurants, bars and private clubs, took effect last year after a successful push by anti-smoking advocates and community activists.
Glencoe need?
Without a smoke-filled bar for residents to belly up to, a villagewide smoking ban in Glencoe may not be necessary for officials to implement. There are few restaurants in Glencoe, and the ones that exist, such as Vernons on Vernon or Boston Blackies, already prohibit smoking in the dining area. Smoking is also banned at Village Hall.
"I have no thought on a (ban)," said incoming Village President Scott Feldman. "I haven't heard anyone talk about it at this point."
One group that helped propel the movement in Wilmette, the American Lung Association of Metropolitan Chicago, may channel more energy to suburban anti-smoking initiatives if the downstate measure passes.
Joel J. Africk, the group's chief executive officer, said "progressive" north suburban towns would be the most likely to put smoking bans on the books.
"There are some towns that will do it," Africk said. "One of the arguments that we've encountered is that so few Illinois communities have the right to go smoke-free, that the communities didn't want to be islands. If this new legislation passes ... that argument goes away."
Legal “quagmire”
State Sen. Wendell Jones, R-27, voted against the bill and said it would create a "quagmire of local laws" that could unfairly make an eatery's location as important a factor to restaurant-goers as the quality of its cuisine.
"And at first, you're going to choose a restaurant in one town and not even know what the law is there," said Jones, a Republican whose district includes commercially built-up towns such as Palatine and Mount Prospect.
Despite staunch opposition from the restaurant and liquor industries, the Senate version of the bill passed 41-13 on April 11, while the House version won approval 64-48 two days later.
Growing trend
Smoking rights have continued to crumble in many parts of the country since California banned smoking in most indoor public places in 1995. Montana, a state whose prairies have made the backdrop for the "Marlboro Man" in many ads, joined the ranks of New York and Massachusetts earlier this month when it became the 10th state to impose a statewide smoking ban.
Africk said the trend will continue to collect momentum and Illinois restaurants and pubs, he predicts, will eventually have no need for ashtrays.
"Once you get a certain critical mass of communities that have gone smoke-free, then typically the restaurant association drops its opposition and says “What the heck, make it statewide," he said.
That would satisfy at least some of the regulars at Northfield Restaurant.
They're back!! Highland Park beat this initiative last year. Here we go again. Colleen McShane, president of the IL Restaurant Association, was also instrumental in fighting the recently defeated smoking ban in Oak Park.
"Colleen McShane... spoke on behalf of seven local restaurant owners who asked her to appear. She said she had asked the city for information about complaints received about smoking and found that none had been filed.
"Is this a solution looking for a problem?" she said.
McShane argued that owners should be permitted to set policies for their customers, especially in a community where about 90 percent of the restaurants have chosen to be smoke-free. To impose the new law will hurt their business."
Council poised to pass smoking ban
April 14, 2005
BY KENNETH L R. PATCHEN
STAFF WRITER
Smoking in all public spaces of Highland Park -- restaurants and office buildings included -- could be banned if the Highland Park City Council approves a proposed ordinance April 25.
Almost two dozen residents testified at Monday night's Highland Park City Council meeting in favor of a ban. A baker's dozen argued against adoption.
"This kind of ban is just too oppressive," said Fred London, of Highland Park, a local resident speaking against smoking prohibition.
Elm Place Middle School students Otis Heyman, Genevra Higginson and Karly Brint testified about the impact cigarette smoke has on their ability to enjoy restaurants or public areas.
Dr. Mark Hill, a surgeon who lives in Highland Park, favors a ban.
"I have seen too many things we can not prevent," Dr. Hill said. He urged the council to protect public health from the impact of cigarette smoke. Disease from smoking is one thing people can choose to prevent, he said.
A proposal for Highland Park to join a small number of Illinois communities that do not allow smoking has been working its way through the city council for many years, said Council Member Steven Mandel. Hearings on the proposal have been held by the Business and Economic Development Commission, which then recommended the city not adopt a ban. The Healthy Highland Park Task Force, however, recommended a ban be adopted.
The city currently bans smoking but allows it in designated areas.
The council listened to testimony from more than 30 people for about 90 minutes Monday and then voted unanimously to consider adoption of a ban at their April 25 council meeting.
"I want a complete smoking ban in public places," said Council member Scott Levenfeld. Jim Kirsch, Michael Brenner, Mayor Michael D. Belsky and Mandel agreed. Only four votes will be needed to pass the ban.
"I'm quite torn on this issue," said Mari Barnes, a business owner and liaison to the Highland Park Chamber of Commerce.
She asked for further consideration to allow late-night smoking in restaurants. Council colleague Larry Silberman also urged consideration of a ban that would permit late night smoking rather than adoption of a total ban that would place businesses in jeopardy.
There was no support for the incremental ban.
"We are the stewards of the community," said Brenner. "Health has to come first."
Resident Paul Rubenstein, a smoker for 27 years who had cancer surgery three years ago, said he could not understand how business owners could argue in favor of smoking given the health risks.
"The fact is, smoking bans increase business," Rubenstein said.
Resident Marliss Levin, who is allergic to smoke, praised Timbers Charhouse Restaurant, 295 Route 41, for becoming smoke-free.
The lingering effect of smoke is dangerous too, said resident Mortimer Gross, even if smoking is allowed only part of the time.
"If you can smell smoke," he said, "you are breathing it."
Kathryn Govas, owner of the Metropolitan Café, 1791 St. Johns Ave., said she had to switch her policies to allow late night smoking in order to compete with other restaurants that allow it.
"Unless this is a state mandate, this is something that should be left to the business owner," she said.
Colleen McShane, president of the Illinois Restaurant Association, spoke on behalf of seven local restaurant owners who asked her to appear. She said she had asked the city for information about complaints received about smoking and found that none had been filed.
"Is this a solution looking for a problem?" she said.
McShane argued that owners should be permitted to set policies for their customers, especially in a community where about 90 percent of the restaurants have chosen to be smoke-free. To impose the new law will hurt their business.
Bluegrass Restaurant owner Jim Lederer said he has a late night clientele who want to smoke.
"We attract people from all over," he said about his Old Deerfield Road location. "There is an opportunity for a late-night menu."
He asked the council not to eliminate the opportunity for some area restaurants to meet the needs of the late-night dining community. http://www.pioneerlocal.com/
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