WHEATON -- A public forum on a city smoking ban Monday night drew a small audience that touched on some familiar points in the debate, but the council took no action at the end of the 90-minute session.
Wheaton has not settled on how far a smoking ban would extend. Most discussion Monday centered on banning smoking in the 20 Wheaton restaurants that still allow it.
A local physician, a representative from the DuPage County Health Department and the chairman of the city's Environmental Improvement Committee all emphasized the health dangers of secondhand smoke, while several residents and a restaurant manager told the council that a ban would hurt the city economically and infringe on individual rights.
Steven Armbrust, a Wheaton physician, outlined the hazards associated with secondhand smoke and said no ventilation system can adequately remove poisons from smoke.
"A decision here for clean air will be long remembered," Armbrust said.
Jessica Gerdis of the Health Department said smoking is a factor in the top five causes of death in DuPage County. She also said smoking bans in other states and countries have not resulted in revenue losses at bars and restaurants.
Several smoking advocates addressed the council.
"I thought we lived in America, and we shouldn't take away people's rights," resident Sandra Egan said.
Resident Mark Garrison said that if Wheaton banned smoking in restaurants, he and his wife would dine out in adjoining suburbs, as would other smokers. Randall Mueller, a restaurant manager, said opposition to a ban would be an embrace of the conservative economic values for which Wheaton should stand.
Kay McKeen, a member of the city Environmental Improvement Commission, told the council that each day matters and that the city should move quickly. "We're not going to learn next week--`Oh, smoking is safe,'" she said.
Wheaton weighs smoke ban
BY JAMES FULLER, Daily Herald Staff Writer
July 11, 2006
A nearly steady stream of public comments supporting some form of smoking ban in Wheaton may be the spur that sends the Marlboro Man out to pasture.
The Wheaton City Council hosted a public forum Monday night to gauge public opinion on restricting smoking. The statistics from the DuPage County Health Department and American Lung Association weren't surprising. Smoking is bad for you. Smoking around others is bad for everyone.
It doesn't matter how well you ventilate an enclosed area. Nothing short of "tornado-like winds" can eliminate the dangers of secondhand smoke. In other words, the no-smoking section at a restaurant isn't going to do a non-smoker much good.
Public comment began with four people in opposition to a ban, but about a dozen people following them supported it.
Those with concerns about a ban, including Tom Sims of Fox Bowl, spoke about the possible impact on local business having an unfair disadvantage to competition in neighboring communities who allow smoking.
"It's an economic thing for me," Sims said. "I'd rather see a statewide ban or a DuPage County-wide ban."
The idea is if all DuPage communities enact a smoking ban, competition stays on a more level playing field.
A county-wide ban is already in discussion among local leaders involved in the DuPage Mayors and Managers Conference. DuPage County Board Chairman Robert Schillerstrom is also pushing for such a ban.
Wheaton officials will now take the input and stew over it in a planning session. Mayor Jim Carr estimated a decision within 30 to 45 days. Council reaction to the issue from Monday night and the past hints the majority of elected officials may be leaning toward a ban.
Councilmen Howard Levine, Phil Suess and Liz Corry have all openly stated their support for a ban. Carr and Councilmen Alan Bolds, Dave Johnson and Tom Mouhelis have been more guarded about their views.
Carr said the responsibility of the city council is "for the health, safety and welfare" of residents.
"That can be interpreted and debated in many ways," Carr said. "That doesn't mean to be intrusive ... but it does mean to do what is best for our community."
Ban on smoking put before public
June 30, 2006
Clifford Ward
WHEATON -- The city will hold a public hearing July 10 to gauge support for a smoking ban in Wheaton.
A recent survey, conducted by the Wheaton Chamber of Commerce at the city's request, found strong support for a ban among chamber members. Of the 117 members who responded to the e-mail survey, 96 said they would favor Wheaton prohibiting smoking in public places, according to the chamber.
The city's Environmental Improvement Commission has been at the forefront of a smoking ban, though it has not made a formal proposal. Committee leaders are, at the very least, trying to ban smoking in restaurants.
"It's a touchy subject, but it shouldn't be," said Phil Landrum, a commission member who is chairing a subcommittee on smoking.
Landrum said he has visited every Wheaton restaurant-- more than 80--to examine how they handle smoking. Sixty already ban smoking, he said, and there are only about 12 restaurants where he found opposition, he said.
Whether a ban would extend to places like bowling alleys has not been decided. Councilman Phil Suess said Tuesday he would favor that as a public health measure.
On Wednesday, a liquor retailers trade group, the Illinois Licensed Beverage Association, filed a lawsuit seeking to halt implementation of a Sangamon County smoking ban. The association wants the courts to delete parts of the ban that disallow smoking in taverns and bowling alleys.
Since Gov. Rod Blagojevich signed a state law in 2005 granting home-rule communities more flexibility in banning smoking, Chicago and a number of suburbs have adopted stricter prohibitions. In the last three weeks, Lindenhurst, Evansville and Oak Park have adopted smoking bans.
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DuPage Health Department to ban smoking starting June 1
04/09/06
Katie Foutz
WHEATON — Starting June 1, people smoking near the DuPage County Health Department will have to put out their cigarettes before they cross the property line.
No smoking is allowed in Health Department buildings, but the DuPage County Board of Health announced plans last week to expand that ban to all department-owned property — parking lots, lawns, sidewalks and all.
"We have ashtrays right outside the door," said Board of Health President Linda Kurzawa. "So you have the typical running of the gauntlet through all the smoke."
If the board approves the measure in May, the smoking ban will encompass the Health Department's central office and grounds at 111 N. County Farm Road in Wheaton and its community health centers and mental health centers across the county.
One exception will be the department's group homes for mental-health patients, who will be offered smoking-cessation classes.
It's a natural move for a health agency, said Maureen McHugh, interim executive director of the Health Department.
"Secondhand smoke is one of the leading causes of many cancers and illnesses, and we're doing this to protect our clients and employees," she said.
At their annual retreat earlier this year, board members decided to make the Health Department the first county agency to go smoke-free, Kurzawa said. Smoking areas on other parts of the government campus in Wheaton will remain unless the DuPage County Board decides to change them.
"We decided we would lead the way for the campus and hopefully show to the county it can be done," said Kurzawa, who also is a County Board member.
All DuPage government buildings are nonsmoking except for the DuPage Convalescent Center and the DuPage County jail, and have been since 1993.
In 2003, the County Board designated smoking areas at two entrances to the administration building at 421 N. County Farm Road. No other smoking is allowed within 100 feet of the administration building or its parking garage.
The County Board also will consider banning smoking in bars, restaurants and other public places in unincorporated areas of DuPage if the governor signs a bill that gives counties that authority.
DuPage County Board Ponders Smoking Ban Expansion
Apr 9, 2006
(STNG) WHEATON, Ill. Starting June 1, people smoking near the DuPage County Health Department will have to put out their cigarettes before they cross the property line.
No smoking is allowed in Health Department buildings, but the DuPage County Board of Health announced plans last week to expand that ban to all department-owned property - parking lots, lawns, sidewalks and all.
"We have ashtrays right outside the door," said Board of Health President Linda Kurzawa. "So you have the typical running of the gauntlet through all the smoke."
If the board approves the measure in May, the smoking ban will encompass the Health Department's central office and grounds at 111 N. County Farm Road in Wheaton and its community health centers and mental health centers across the county.
One exception will be the department's group homes for mental-health patients, who will be offered smoking-cessation classes.
It's a natural move for a health agency, said Maureen McHugh, interim executive director.
"Secondhand smoke is one of the leading causes of many cancers and illnesses, and we're doing this to protect our clients and employees," she said.
At their annual retreat earlier this year, board members decided to make the Health Department the first county agency to go smoke-free, Kurzawa said.
Smoking areas on other parts of the government campus in Wheaton will remain unless the DuPage County Board decides to change them.
"We decided we would lead the way for the campus and hopefully show to the county it can be done," said Kurzawa, also a County Board member.
All DuPage government buildings are nonsmoking except for the DuPage Convalescent Center and the DuPage County jail, and have been since 1993.
In 2003, the County Board designated smoking areas at two entrances to the administration building at 421 N. County Farm Road.
No other smoking is allowed within 100 feet of the administration building or its parking garage.
The County Board also will consider banning smoking in bars, restaurants and other public places in unincorporated areas of DuPage if the governor signs a bill that gives counties that authority.
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Officials at odds over smoking ban
Schillerstrom wants law; board considers it weak
By Robert Sanchez
Daily Herald Staff Writer
April 05, 2006
DuPage County Board Chairman Robert Schillerstrom is urging the governor to sign legislation that would give counties the authority to ban smoking.
But Schillerstrom’s next battle might be convincing his own board to take advantage of the proposed law.
Gov. Rod Blagojevich hasn’t yet decided whether to sign the bill, which would give counties the power to prohibit lighting up in restaurants, bars and other public places. The measure already has passed the Illinois House and Senate.
“I would hope Governor Blagojevich would quickly sign this important health legislation,” Schillerstrom said in a statement issued on Tuesday.
But several DuPage board members don’t seem to share Schillerstrom’s enthusiasm.
They say the legislation doesn’t go far enough. It would give counties the ability to ban smoking only in unincorporated areas.
“It seems so insubstantial to me that it wouldn’t be worth pursuing (a ban),” board member Don Puchalski said.
Puchalski points to the fact that only 31 of the nearly 3,000 bars and restaurants in DuPage fall under the county's jurisdiction. So a DuPage ban would be far from countywide.
“It should be everybody or nobody,” he said.
Board member Tom Bennington said a smoking ban that only applies to 31 businesses would be unfair.
“I don’t want to take the few businesses that we have in the unincorporated areas and put them at an economic disadvantage against businesses that are just across the street,” he said.
But others say such a move would be a step in the right direction.
“Something is better than nothing,” board member Robert Schroeder said.
Board member Pam Rion said individual communities — not the county — should decide what they need within their boundaries.
So far that hasn’t included smoking bans.
In fact, a Daily Herald informal poll of DuPage communities earlier this year showed little or no interest in taking advantage of enacting local anti-smoking laws. Most are waiting to see if a ban is imposed at the state or county level.
That’s why some DuPage board members have been calling for the county to impose a smoking ban that would apply to all. Such action is needed to overcome the reluctance of individual municipalities to regulate smoking, they argue.
“If we create a level playing field in the county, it will be easier for the businesses to deal with it,” board member Debra Olson said. “They won’t feel like they are going to lose business over it.”
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2400
Introduced 1/18/2006, by Sen. John J. Cullerton
SYNOPSIS AS INTRODUCED:
410 ILCS 80/11 from Ch. 111 1/2, par. 8211
Amends the Illinois Clean Indoor Air Act. Allows all counties and municipalities (now, home rule counties and all municipalities), to regulate smoking in public places in a manner no less restrictive than regulation under the Act. Allows all municipalities and counties to regulate smoking in any enclosed indoor area used by the public or serving as a place of work if the area does not fall within the definition of a "public place" under the Act. Provides for the applicability of county ordinances. Effective immediately.
A BILL FOR
SB2400 LRB094 18680 RCE 54040 b
1 AN ACT concerning health.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Clean Indoor Air Act is amended by
5 changing Section 11 as follows:
6 (410 ILCS 80/11) (from Ch. 111 1/2, par. 8211)
7 Sec. 11. Home rule and other local regulation.
8 (a) Except as provided in subsection (b), any county or
9 municipality, by ordinance, a home rule unit of local
10 government or any municipality in this State may regulate
11 smoking in public places, but that regulation must be no less
12 restrictive than this Act. This subsection (a) is a limitation
13 on the concurrent exercise of home rule power under subsection
14 (i) of Section 6 of Article VII of the Illinois Constitution. A
15 county ordinance adopted under this subsection applies
16 throughout the county, except that the county ordinance does
17 not apply within the boundaries of any municipality (i) that
18 regulates smoking as provided in this subsection by ordinance
19 effective prior to the effective date of the county ordinance
20 or (ii) that, by ordinance, rejects the application of the
21 county ordinance, in which case the municipality need not, but
22 may, adopt an ordinance that regulates smoking as provided in
23 this subsection.
24 (b) Any home rule unit that has passed an ordinance
25 concerning the regulation of smoking prior to October 1, 1989
26 is exempt from the requirements of subsection (a).
27 (c) In addition to any regulation authorized under
28 subsection (a) or (b) or authorized under home rule powers, any
29 county or municipality, by ordinance, may regulate smoking in
30 any enclosed indoor area used by the public or serving as a
31 place of work if the area does not fall within the definition
32 of a "public place" under this Act. A county ordinance adopted
SB2400 - 2 - LRB094 18680 RCE 54040 b
1 under this subsection applies throughout the county, except
2 that the county ordinance does not apply within the boundaries
3 of any municipality (i) that regulates smoking as provided in
4 this subsection by ordinance effective prior to the effective
5 date of the county ordinance or (ii) that, by ordinance,
6 rejects the application of the county ordinance, in which case
7 the municipality need not, but may, adopt an ordinance that
8 regulates smoking as provided in this subsection.
9 (Source: P.A. 94-517, eff. 1-1-06.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.
Center for Governmental Studies, Northern Illinois University
".......Do county voters support home rule? No. Nine counties held a total of eleven referenda between 1972-76 to adopt home rule. All failed by ubstantial margins. In the aggregate, county voters rejected home rule by a margin of 3-1. No county has attempted such a referendum since 1976.....
....At the time of the November 2000 elections, Illinois had 147 cities and villages and one county (Cook) with home rule powers...."
DuPage County board solicits smoking ban power
01/27/06
By Kathy Cichon
SUN STAFF
In an almost unanimous decision, the DuPage County Board on Jan. 23 passed a resolution in support of state legislation that would give the county the authority to regulate smoking in unincorporated areas.
"This is not a ban," said County Board member Linda Kurzawa, who is also president of the county Board of Health. "It does not call for a ban."
What it does, officials said, is ask the state to allow the county the option to pass a smoking ban in unincorporated areas of DuPage only — not within individual municipalities. In addition, the resolution calls for the county's recently created Financial Forecast Committee to "explore the feasibility of a cigarette tax as a potential revenue source to prevent tobacco usage and promote cessation particularly among young people."
"There's going to be plenty of opportunity for people to come in and address the pros and cons," said County Board Vice Chairman John Noel, R-Glen Ellyn. "It's not a done deal that is going to result in some sort of tax."
Anti-smoking advocates praised the action.
"With this bold step, you are helping to protect the health of all DuPage County residents, and in particular our youth," said Kathy Drea, director of public policy for the American Lung Association of Illinois-Iowa.
Studies suggest a 10 percent increase in the cigarette tax will reduce smoking by 12 percent among young people, according to data presented by Kurzawa on Jan. 23.
Should the General Assembly amend state law to allow non-home-rule counties such as DuPage to regulate smoking in public places, it paves the way for DuPage to ban smoking in public establishments in unincorporated areas.
"This is baby steps," said Kurzawa, R-Winfield. "First you have to get the authority, then you educate and build your coalition."
The resolution, which passed 16-2, prompted criticism from some board members, including one who said the matter is not one for government to decide and another who said the request doesn't go far enough.
"I'm disappointed that what did pass is so watered down," said County Board member Brien Sheahan, R-Elmhurst. "It's virtually meaningless."
He did vote for the resolution, however, because he said he believes in the anti-smoking principle.
Sheahan originally asked DuPage to look at implementing a countywide smoking ban in November, along with asking the state to amend the Illinois Indoor Clean Air Act so it could do so. This would eliminate the fear among municipalities of being the first to go smoke-free, he said.
This is headed for the IL state legislature. Of course, an official from the board of health is going to promote any kind of smoking ban! I also notice that she has no qualms about providing outright false statistics for heart attacks...another distortion, resulting from the disproved Helena and Pueblo studies. Now, outright lies are being used about economic effects from smoking bans on the hospitality industry where bans have been enacted.
The resolution mirrors one adopted Jan. 12 by the County Board of Health. Linda Kurzawa of Wheaton, a County Board member and president of the Board of Health, supported adoption of the resolution.
A ban on smoking in bars in restaurants would protect the health of employees, she said in a presentation to the board Tuesday. Those who work where smoking is allowed are subject to a 25 percent to 50 percent higher risk of heart attack than the general population, as well as higher death rates from cancer and cardiovascular disease, she said.
Garnet Dawn
The Smoker's Club, Inc.
Midwest Regional Director
The United Pro Choice Smokers Rights Newsletter -
http://www.smokersclubinc.comIllinois Smokers Rights -
http://www.illinoissmokersrights.com/mailto:garnetdawn@comcast.net - Respect Freedom of Choice!
--------------------------------------
Right to ban smoking urged
DuPage endorses expanding authority of county boards
By Joseph Sjostrom
Tribune staff reporter
Published January 25, 2006
The DuPage County Board on Tuesday called on the state legislature to let counties ban smoking in restaurants, bars and other public places, but some board members on both sides of the issue choked on the action, claiming it went too far or not far enough.
The County Board passed, with two dissenting votes, a resolution urging the Illinois legislature to grant counties the legal authority already enjoyed by home-rule municipalities to ban smoking in most indoor public places. A bill sponsored by state Sen. John J. Cullerton (D-Chicago) and now before the Senate Rules Committee would give that authority to all counties and municipalities in the state.
The county resolution also recommends that the board's Financial Planning Committee explore a cigarette tax as a revenue source for the county and to deter young people from smoking.
The resolution mirrors one adopted Jan. 12 by the County Board of Health. Linda Kurzawa of Wheaton, a County Board member and president of the Board of Health, supported adoption of the resolution.
A ban on smoking in bars in restaurants would protect the health of employees, she said in a presentation to the board Tuesday. Those who work where smoking is allowed are subject to a 25 percent to 50 percent higher risk of heart attack than the general population, as well as higher death rates from cancer and cardiovascular disease, she said.
The experience of other states and cities indicates that restaurants and bars see an increase in business after a smoking ban is imposed, Kurzawa said.
Board member Brien Sheahan (R-Elmhurst) called the resolution a "sham" because the county is seeking authority only over the unincorporated portions of the county where just 31 of the 2,900 bars and restaurants in the county are located.
He said that although a cigarette tax is being discussed as a health enhancement measure, it is political cover for enactment of a tax to generate revenue.
The two board members who voted against the resolution, Kyle Gilgis (R-Downers Grove) and Donald Puchalski (R-Addison), said the county should refrain from telling bar and restaurant owners how to run their businesses.
"This really has to do with us getting involved in peoples' habits. ... I don't like the idea of dictating the way people live their lives," said Gilgis, who said she is an occasional smoker. She said some bars and restaurants allow smoking and some don't, and she said employees can choose whether to work in a smoke-free or a smoking environment.
Sheahan noted that County Board Chairman Robert Schillerstrom introduced the resolution to the full County Board without first submitting it to a committee, depriving board members of an opportunity to discuss it before Tuesday.
He said board members have discussed the issue in two committees--the Intergovernmental Affairs and the Health and Human Services Committees--as a measure applying to all the territory in the county, not just to the unincorporated areas.
Sheahan proposed amending the resolution to request authority to ban smoking countywide, but with an "opt out" provision for individual municipalities.
DuPage panel backs idea of countywide smoking ban
JANUARY 9, 2006
By Kathy Cichon
STAFF WRITER
WHEATON — As communities across the nation and around the globe continue to snuff out smoking in public places, some county officials hope the movement will catch fire in DuPage.
The county's Health and Human Services Committee is considering a resolution in support of amending the Illinois Clean Indoor Air Act to allow counties to regulate smoking in public places.
"It's so clear-cut from a public health perspective," said Linda Kurzawa, R-Winfield, president of the DuPage County Board of Health and a County Board member. "There's no other side of it."
The statistics that detail the detrimental effects of secondhand smoke are irrefutable, she said.
"Getting the message out there will help other governmental bodies that are being asked to make a decision."
No action has been taken by the panel on the resolution, but it will come back to the committee in February for further review. If approved, it would move on to the full County Board.
In November, board member Brien Sheahan, R-Elmhurst, said he would like to see the county consider lobbying for state legislation amending the Illinois Clean Indoor Air Act to allow non-home-rule counties such as DuPage to ban smoking in public places.
In 2003, the Illinois General Assembly passed a bill that allows non-home-rule municipalities to regulate smoking in public places. However, no municipality in DuPage has taken such action since then.
"Individual municipalities are often reluctant to be the first one to jump off the diving board, if you will," Sheahan said.
Sheahan said he has heard from many city council members from throughout the county, and they have expressed such concerns. He said he spoke with Naperville Mayor George Pradel, who has been "very open-minded" about the possibility.
"If there is any community in DuPage County that does go (smoke-free), I think Naperville will be the first," Sheahan said.
The resolution, he said, takes it to "the next step and puts county muscle behind giving us the authority to ban smoking."
Sheahan said studies have shown businesses in communities with smoking bans have not suffered. Kurzawa said smoking is the single largest preventable component to premature death, "which pushes to the side the economic issues."
The Northern Illinois Public Health Consortium — which includes DuPage, Kane, Will, Cook, Lake, McHenry and Winnebago counties — is emphasizing the public health perspective, Kurzawa said.
She said the county board of health is scheduled to address the issue before the County Board on Jan. 24.
The county is just one of many government bodies to look at the issue.
After a highly publicized and controversial debate, the city of Chicago last month approved a ban on smoking in nearly all public places but gave taverns and restaurants until mid-2008 to comply. More than 2,000 municipalities — including New York City, Boston, Dallas and Miami — have laws restricting smoking in public places.
While local officials said they support changing the law to give counties authority to regulate smoking, they would prefer a statewide smoking ban passed by the Illinois General Assembly.
Committee members said they will add a statement to the resolution requesting such a ban first before amending the code.
"I'd like that extra push in there," said County Board member Kyle Gilgis, R-Downers Grove. "If we're going to do it, let's go all the way."
DuPage County Board member seeks smoking ban
11/19/05
By Kathy Cichon
STAFF WRITER
WHEATON — Considering a countywide ban on smoking in public places is important for several reasons, DuPage County Board member Brien Sheahan believes.
"Frankly, creating a safe working environment for restaurant and bar employees is important," said Sheahan, R-Elmhurst. "Creating a safe environment for patrons of bars and restaurants is important, and trying to do something to fight the public cost of a really bad habit."
This week, as the American Cancer Society marked its annual Great American Smokeout, Sheahan said he will ask the County Board to consider pushing for state legislation amending the Illinois Clean Indoor Air Act to allow non-home-rule counties such as DuPage to ban smoking in public places.
"My personal hope is (that) the Health and Human Services Committee of the County Board would consider this as an item on their agenda," Sheahan said.
County Board Chairman Robert Schillerstrom, R-Naperville, recently asked board members for ideas to be addressed by the Legislature.
Those suggestions will be reviewed and discussed with the county's lobbyists to determine whether any would be pursued.
The General Assembly in 2004 passed a bill that allows non-home-rule municipalities to regulate smoking in public places. However, since then, no municipality has taken such action.
"With the city of Chicago considering it, it seems to make sense," Sheahan said. "We could avoid the reluctance of being the first to jump, so to speak.
"There's an enormous body of evidence that (shows) there isn't an economic loss to bars and restaurants from smoking bans."
"If it's a good idea, we'll push it. If it's a publicity stunt, we won't," Schillerstrom said, adding he'd like to see a copy of what Sheahan is proposing.
County Board member Robert Heap, R-Naperville, said he would like to review the proposal. "The more authority we have over health and safety in the county, the better off we are," he said.
