Putnam reverses smoking ban
August 22, 2007
By Alison Knezevich, Staff writer
WINFIELD — The Putnam County Health Board is bringing smoking back.
In a stunning departure from state and national trends, county health board members on Tuesday reversed their previous decision to ban smoking in nearly all indoor public places.
During a lively and frequently disorderly meeting at the old county courthouse, health board members voted 3-2 to revert to a 1996 county ordinance that lets people light up in bars and designated sections of restaurants. Business owners who allow smoking must post warning signs telling patrons that people smoke in their establishments.
The ordinance still bans smoking in some places, including stores, schools and government buildings.
Board members Jimmy Dillon, Brac Brown and Dave Carter voted for the policy. President Jeanne Bailey and board member Joe Haynes voted against it.
About 75 people attended the meeting, all but a dozen or so opposed to the smoking ban. Some people shouted and interrupted board members and other speakers, often making it hard to hear the board’s actions.
After the vote, cheers erupted from the crowd, which included many Putnam business owners. Health advocates and some county citizens said they were outraged.
“They just set back clean indoor air a hundred years,” said James Vance, a member of the citizens group Putnam on Wellness. “How is this fair for anybody?”
Last September, the health board voted 2-1 to ban smoking in almost every indoor public place, including bars and clubs. At that meeting, Dillon was absent and Bailey did not vote.
In July, county officials said they realized that vote was legally invalid.
To pass an ordinance, the health board needed a simple majority of board members present. Because only two of the four board members at the meeting voted for the ban, it should not have passed.
Bailey thought she could not vote because she was president. “I was told that from the very, very beginning,” she said at the beginning of Tuesday’s meeting.
Since no one realized the technicality, the ban had been in effect since January. This spring, many county bar and nightclub started speaking out against the rule at county commission and health board meetings.
Haynes, who is also president of the County Commission, made a motion Tuesday to re-pass the 2006 ordinance but exempt private clubs and retail tobacco stores. The motion died for lack of a second.
After the meeting, Haynes said he was “stunned” by the vote: “I think this is a huge backwards step for Putnam County.”
Dillon said it wasn’t fair to exempt some businesses but not others, and that the regulation passed in September did not have enough enforcement built into it.
None of the board members said when the new policy would go into effect or who would provide the warning signs for business owners.
Most restaurants will probably not allow smoking again, county medical director Dr. Sam Henson said. About 80 percent had voluntarily banned it before 2006.
Bar owners Dave Frame and Bill Lanham said they would have been satisfied with just an exemption for bars, but felt the board’s final decision protects people’s personal freedoms.
“It’s not a victory for me, it’s a victory for the citizens of the United States and the citizens of Putnam County,” Lanham said.
About 20 counties in West Virginia have passed bans similar to the one Putnam County officials thought they had passed last year. Dillon said it didn’t matter to him that many areas are going smoke-free.
“That’s other places,” he said. “This is Putnam County.”
Read
 

Putnam clarifies effect of ban issues

Mix-up on smoking won’t change warnings, prosecutor says

August 09, 2007
By Alison Knezevich Staff writer

A recent mix-up with the Putnam County smoking ordinance will neither help nor hurt the business owners who received warning letters from the county prosecutor’s office for violating the ban.

Since January, when the ban on smoking in most indoor public places in Putnam County took effect, about six bars and gambling parlors have gotten notice that people complained about smoking in their establishments, said assistant prosecutor Jennifer Scragg.

But those letters were unofficial warnings, Scragg said. No one was ever cited, and no charges filed.

“Since nothing was filed, there’s no harm done,” she said.

The letters would not be used in court as evidence against business owners, Scragg said.

Last month, county officials realized the ban was legally invalid because of problems with the health board’s vote on the issue last November.

The board did not have the required majority it needed to pass the ordinance, which expanded a previous ban to include almost every indoor public place.

The next health board meeting is scheduled for Aug. 21 at 7 p.m. “Hopefully they’ll review the issue, and then there won’t be any questions about whether it passed or not,” Scragg said.

County Commission President Joe Haynes, who also serves on the health board, said he has not gotten official word about whether a revote is on the agenda for that meeting.

“I certainly suspect they will [vote],” said Haynes, who supported the ordinance in November. “I can’t imagine they’d let this go.”

The board will likely pass the smoking ban again, but there may be some “alterations,” he said. “Everybody on the board may have different ideas about where to go with this.”

Bar owner Dave Frame said he and some other business owners are still angry that officials told them to enforce an ordinance that was never technically passed.

In July, Frame received a warning letter from the prosecutor’s office. He then discovered the glitch in the vote by researching health board’s meeting minutes and bylaws.

“There’s been talk of a group suing the county, but I don’t know if that’s going to happen,” Frame said. “I’m probably not going to, because I don’t really see a point.”
Read
 



Putnam County Extinguishes Smoking Ban

July 26, 2007
Story by Gil McClanahan

The health board admits vote was invalid, making the ban invalid.

WINFIELD -- After being in effect for nearly eight months, Putnam County's smoking ban is now being called into question.

"They made us enforce it, harassed the bars, made us deal with all this. It was never an ordinance. Never was," said Dave Frame, owner of Dave's Den in Red House.

When the measure passed, the board president was suppose to vote, but she didn't.

"The vote was invalid, that makes the amendment invalid. I presume it is as if it never happened," said Dr. Sam Henson, secretary of the Putnam County Health Board.

He points out the smoking ban issue has not changed.

"The work had been done, public hearings were advertised, they were held, 't's' were crossed, 'i's' were dotted, and everything was done correctly," said Henson.

The board is expected to consider the issue at their meeting next month.

Several of the county's bar owners are also expected at this meeting to make sure their concerns don't go up in smoke.

" We need to sit down and come up with a solution for the county, stop all the arguing," said Frame.

Board member Joe Haynes said he would be willing to listen to modification on the code, but whether both sides can reach that compromise remains to be seen.

The next meeting of the Putnam County Health Board is scheduled for August 21.
Read
 

June 20, 2007 
by Karen Snyder

WINFIELD - Putnam County's smoking ban generated lots of heat as a crowd of citizens commented on the policy during a public hearing.
The regulation that was tightened earlier this year bans smoking in all public buildings, including taverns, gaming centers and bars.

The Putnam County Board of Health called the special meeting after some business owners became upset over the results of the ban. About 75 people attended Tuesday night's meeting.

A meeting last month drew an overflow crowd of about 100 people to the health board's offices, where officials commented that the fire marshal probably wouldn't approve the cramped conditions.

So Tuesday night's meeting was moved to the Putnam County Courthouse.

"It was unorderly," board member Brac Brown said of the previous hearing. "What we wanted to do is give the citizens an opportunity to have their opinions heard."

Steve Scott, vice president of operations for Mimi's restaurants, which has 30 video lottery establishments in West Virginia, started by telling the board the smoking ban isn't working.

"We can pinpoint every dollar we've lost because of the smoking ban," he said.

Harold Arbaugh, owner of Lisa's in Teays Valley, agreed.

"Economically, we are losing to Kanawha County," Arbaugh said. "I can get in my car, drive 10 minutes and be comfortable."

Others in attendance said the ban was against their fundamental rights both as business owners and as citizens. Sharon Hammond, owner of Silkey's in Winfield, told the board that the regulations have gone too far.

"If you're going to take smoking out of the bars and out of the restaurants, why not take them off the shelves?" she said.

Linda Hodges of Hurricane chimed in.

"If you take them off the shelves, you will see a fight," Hodges said.

Hodges, who said she has family members affected by the ban, continued.

"You can't come into my home and tell me whether or not to smoke. It's my property. I pay taxes on it," she said. "They pay taxes on their businesses. They deserve the same rights."

Southern Pride Lounge owner Rod Campbell expressed the same concerns.

"I'm paying $1,700 a year, and it doesn't matter," Campbell said of his east Hurricane business. "You're going to tell me what to do with my business."

Much of the discussion centered on the same issues brought to the board in May, including that the smoking ban should not affect adult-only facilities. Several speakers also mentioned that they were not properly informed of the ban before it was put into place.

"We didn't even know this was going to happen," Hurricane resident Sally Holstead said. "We needed to know what we know now: that you people are trying to make decisions for us when you're not even elected officials."

"You're leaving the smokers with one option: replace you all from the governor down," said Hurricane citizen H.D. Raines.

The crowd erupted in applause and shouts following his statement.

Joe Haynes, the Putnam County Commission representative on the Board of Health, said he is certain that the board will bring the ban to a vote.

"The best thing that can come out of this is for us to sit back down, debate the issues and ultimately decide what's best for Putnam County residents," Haynes said.

He also said that the board has only a few options: to rescind it completely, amend it for adult establishments or give business owners the opportunity to decide for themselves.

"Predict what's going to happen? I wouldn't dream of it," he said.

Haynes also emphasized that the board was only concerned with the health of its citizens, and health issues would be significantly considered during the vote.

Sneekers Nightclub owner Bill Lanham told the board that no one in attendance was in favor of keeping the ban in place. When he asked if there were any ban supporters in the room, not a single hand was raised.

"West Virginia's supposed to be 'open for business,' not closing businesses," Lanham said.

Contact writer Karen Snyder at karensnyder@dailymail.com or 348-7939.
Read



The verdict is in: Smoking bans hurt the hospitality business. "The cat's out of the bag." according to Kuneman. "Let's face it and be honest about it. There have been way too many jurisdictions which have enacted bans now for their ill-effects to be ignored. Everyone now knows bans hurt business and despite what pro-ban lobbyists claim, there are now solid and independent economic studies to back up that conclusion."

Bar owners adjust to smoking ban
January 05, 2007
Jake Stump

Despite the ban, Smokies is planning to build an outside patio to accommodate smokers.

While most bars are complying, there are a few rebelling.

William Lanham, owner of Sneekers nightclub in Scott Depot, is allowing patrons to continuing toking inside his popular weekend hangout.

"I had 227 people in here New Year's Eve," Lanham said. "I didn't hear anybody complaining about the smoke. My fog machines put out more smoke, and that's the truth."

Lanham also believes smoking in bars should be a choice of freewill. He, too, is a veteran.

He's not too concerned about any potential fines and penalties he could face for violating the ordinance.

"They can prod me all they want," he said. "I'll go to the Supreme Court. I'll call the president if I have to."

He said nonsmokers have even frowned upon the new law.

"Out of 10 people, maybe three of them smoke," Lanham said. "And smokers and non-smokers go out together all the time. If smokers don't come here, I'll lose some of their non-smoking friends, too. If I lose both, I'm losing a lot of money."

Another bar, Cowboy's Saloon, owned by Tom Barclay, is also ignoring the ordinance.

Robert Peck, executive administrator of the health department, said establishments could face between a $250 and $1,000 fine for violating the law. But he said handing out fines would be a last resort before possible legal action.

"We try to work hard with facility owners to help them come into compliance," Peck said. "If we find someone repeatedly violating the regulation, we'll start off with a notification and give them some time to comply. It's a series of steps.

"As a last resort, we'll have legal action to take. We won't hesitate at the point in time."

As part of the ordinance, establishments must post department-issued stickers on their doors alerting customers of the ban.

Establishments must also have a written policy within 90 days addressing their smoking policy.
Read More

---

Oct 10, 2006
Charles Shumaker

BUFFALO — Sharon Henson’s roadside Putnam County bar, the Do Drop Inn, is usually filled with a smoky haze, jukebox music and conversations over cold beers.

She says all of those ingredients keep her patrons coming back. That’s why she fears that the Putnam County Board of Health’s recent decision to ban indoor smoking, including inside bars, could spell doom for her 7-year-old business.

Only adults over 21 years old can walk through her door, and they can decide their environments for themselves, said Henson, 54. She neither smokes nor drinks, but most of her customers do both, and they shouldn’t be told to stop, she said.
“That is their choice. And being in this line of work is my choice. It is my livelihood,” she said. “They are messing with my life.”

Board of Health members unanimously approved Putnam County’s smoking ban Sept. 26. It will take effect Jan. 1.

With two exceptions, inside certain nursing homes and bingo halls, indoor Putnam County public spaces will become smoke-free.

Health Department Administrator Bob Peck says he has been eager for the ban, especially since the most recent reports emphasized the danger of nonsmokers inhaling secondhand smoke.

“The debate is over,” said U.S. Surgeon General Richard Carmona in June. “The science is clear: Secondhand smoke is not a mere annoyance, but a serious health hazard.”

What that meant for Putnam County health officials was more evidence to support a ban. But for bar owners like Henson, it meant more rules soon would come their way.

Friday afternoon at the Do Drop brought in regular lunchtime customers who puffed on cigarettes and sipped at beers. Henson tended the bar and spoke about her future behind it.

This [smoking ban] will change things. I might as well shut the doors,” Henson said. “I think the Health Department is being unfair. They’ve taken away people’s choices.”

Some Putnam County restaurants, which already had been required to separate smokers from nonsmokers, took the extra step before the ban and stopped allowing customers to smoke. Henson said that decision should be left up to business owners.

“In bars, you probably have 95 percent of the people wanting to smoke when they drink. That’s why they come to a bar,” she said. “My customers say they won’t come if they can’t smoke and drink.”

She said she is afraid they will stay home to drink or people will begin establishing illegal drinking joints in rural areas.

Peck said other cities, including New York, have seen some increases in bar business since smoking was banned inside. Henson can’t see that in her bar alongside U.S. 35. Her regular customers might stay faithful, but new business will be hard to attract if people can’t smoke, she said.

Enforcing Putnam County’s new law won’t cost a lot more and shouldn’t cause too many headaches, Peck said. Basically, he thinks people will obey it themselves, he said.

“My hope and expectation is that people will obey the law,” he said. “My expectation is that people will do the right thing.”

Violators could be cited and prosecuted under Health Department regulations.

In the coming months, Health Department officials along with statewide stop-smoking groups will have packets sent to businesses affected by the ban. Peck said he has ordered signs that should be posted once the ban is in place.

Henson said she believes the Health Department was misguided into including bars. It should instead have been aiming for places where children would be affected, she said.

“They have gone to an extreme,” she said. “You won’t find children in bars. I am for keeping children away from it.”

But Peck and other health officials say it is not just children who need protection. Other nonsmoking adults, despite their choice to walk into smoke-filled areas, need to be kept away from secondhand smoke, he said.

The surgeon general’s report concluded that heart disease and lung cancer risks increase 30 percent during regular exposure to secondhand smoke.
Read