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  Another Ban Failed: IL Geneva
Posted on Wednesday, March 22 @ 13:52:04 EST by samantha
 
 
  Illinois Mayor to name task force: Says many are on each side of issue



Geneva rejects smoke ban
By KAREN LONG - klong@kcchronicle.com
GENEVA – With a tie-breaking vote cast by Mayor Kevin Burns, the Geneva City Council rejected, 6-5, a smoking ban Tuesday and might have eliminated possible bans in neighboring St. Charles and Batavia.
“I think the concept of a smoking ban is ingenious,” Burns said after the meeting. “Enacting one has proven challenging.”
Officials in the Tri-Cities have said approval in each community was dependent on all three municipalities agreeing to similar bans.
The St. Charles City Council had approved its ordinance Feb. 5, but the Batavia City Council on Monday indefinitely postponed a vote on the issue.
Burns said that with aldermen having problems with legislation’s language, he thought it best “to put a fork in it” and possibly start with a new ordinance.
“Maybe something better will come out of it,” he said.
The council’s Committee of the Whole last week voted, 7-3, against the ban. Two aldermen – 2nd Ward Alderman William Barclay and 4th Ward Alderwoman Dorothy Flanagan – changed their votes Tuesday and supported the ban.
“I see both sides,” Flanagan said. “It’s very difficult to sit here and make a decision.”
Third Ward Alderwoman Dawn Vogelsberg, who opposed the ban, reiterated that residents could vote with their wallets.
“People are responding to nonsmoking,” she said. “But let’s face it, there’s a drive for smoking.”
Fifth Ward Alderman Craig Maladra added that government should be involved when no nonsmoking choices were available.
“Turns out, though, that alternatives do exist,” he said.
Third Ward Alderman Raymond Pawlak said the city’s Smoking Task Force, which included several business owners, had come to a consensus on the proposed ordinance.
“This is not about smokers’ rights but nonsmokers’ rights,” he said. “We need to recognize that times have changed.”
How they voted
The Geneva City Council, with a tiebreaking vote by Mayor Kevin Burns, rejected a proposed smoking ban. Here’s how they voted:
Yes: 1st Ward Alderman Sam Hill, 2nd Ward Alderman William Barclay, 3rd Ward Alderman Raymond Pawlak, 4th Ward Alderman Dorothy Flanagan and 4th Ward Alderman Ron Singer.
No: 1st Ward Alderman Charles Brown, 2nd Ward Alderman Bob Piper, 3rd Ward Alderman Dawn Vogelsberg, 5th Ward Alderman Paul DesCoteaux, 5th Ward Alderman Craig Maladra and Mayor Kevin Burns.
Final vote: 6-5 against the ban
Read

Geneva opts not to ban smoking
City's vote blocks plan for 3-town deal
By Barbara Kois and Denise Linke, Special to the Tribune. Freelance reporters Rhianna Wisniewski and David Sharos contributed to this report
Published February 22, 2007
As suburbs across the Chicago area grappled this week with smoking-ban decisions, Geneva voted down a prohibition, snuffing out no-smoking plans in St. Charles and Batavia.
"It's not a matter of profit over health, but it's about conflicting rights of individuals," said Geneva Ald. Craig Maladra, who voted against the ban Tuesday. "Smoking is legal and people have a right to smoke. [But] non-smokers have a right to dine in a hazard-free setting."
Geneva's rejection of the ban means Batavia and St. Charles, which approved a ban that was to take effect May 14, must follow suit under an agreement.
The cities made the deal to prevent smokers in towns with an anti-smoking law from going to nearby ones where smoking is permitted.
After more than two hours of impassioned statements from speakers on both sides, the Geneva City Council wound up with a tie vote that was broken by Mayor Kevin Burns.
"I am definitely in favor of a ban, but I'm going to vote against it because of what it might do to Geneva hospitality establishments," he said before the vote.
Burns said he was frustrated because until recently, community input on the issue had been nearly non-existent. A smoking task force had been publicly discussing the issue for a year.
"The silence was deafening until Feb. 9 when all hell broke loose," he said. "From Feb. 9 to 12, one side executed a concentrated campaign. After the Feb. 12 [committee] vote against the ban, the other side became very vocal."
Proponents of the ban said they had not come forward because they considered the ban a "no brainer" in light of the harmful effects of secondhand smoke.
But restaurant and bar owners said they should be free to run their businesses, and that a ban would drive business to other towns where smoking is allowed.
In Batavia, the City Council this week backed away from a proposed smoking ban but stopped short of taking it completely off the table. That issue now appears moot.
"I don't support the ban because it takes away the business owners' choice [of how to conduct business], but I am in favor of a non-smoking environment," said Ald. Linnea Miller (3rd).
"In the next three to five years, I think we will see a trend toward smoking bans in public places. At the same time, I don't want the council to be dictatorial," said Mayor Jeff Schielke.
Meanwhile, Naperville officials this week delayed voting on a proposed smoking ban.
On Tuesday night after hearing speakers on both sides, the Naperville City Council delayed the vote for two weeks.
In Bartlett, efforts to pass a smoking ban also sputtered Tuesday night as officials failed to send a recommendation on a proposed smoking ban to the full Village Board for a vote.
Officials said they are trying to balance concerns about public health and the potential negative economic impact on the business community.
"That's the issue in a nutshell," said Bartlett economic development director Tony Fradin.
On March 6, the full Village Board is slated to vote on the anti-smoking measure.
Cook County's smoking ban, which county commissioners failed to delay Wednesday, goes into effect March 15. The ban stands to affect the portions of Bartlett that lie in Cook County.
Read

Geneva rejects smoking ban
Homewood also debating issue
February 21, 2007
BY STEVE LORD, BRIAN GARTLAN AND CASEY TONER
Several suburbs are weighing their options for adopting smoking restrictions, with the Geneva City Council voting 6-5 Tuesday against a smoking ban in public places. Mayor Kevin Burns broke a council tie with the deciding vote.
"Do I think a smoking ban is a good idea? I think it's a damn good idea," Burns said. "I support a smoking ban, but I ain't willing to vote for one."
Burns said he takes the Kane County suburb's bar and restaurant owners -- some of whom formed the most vocal opponents of a ban -- at their word, that they would support a ban if a compromise were enacted, such as grandfathering or hours limitations.
"I guarantee it'll come back in some form," Burns said.
Two towns suspend bans
Also Tuesday, the Homewood Village Board put off a decision on a smoking ban. Trustees in the south suburb will discuss the issue at the next board meeting, on Tuesday.
A Cook County smoking ban takes effect March 15, prohibiting smoking in public places, including restaurants and bars. All towns in Cook without their own versions of the ordinance will fall under the county's jurisdiction by the deadline. By creating its own ordinance, Homewood can separate itself from the county smoking ban.
"The ideal situation would be to have a statewide ban," Mayor Rich Hofeld said.
Earlier this year, Orland Park and Oak Forest instituted smoking bans. But the bans were suspended after businesses owners said they were losing substantial revenue.
"The sentiment [in the south suburbs] is that there needs to be a level playing field across the state," said Mayor Rick Reinbold of Richton Park, which is considering a ban. "When you have the ability to go to Will County or another community, it pits community against community."
Read

Geneva council snuffs smoking ban; vote 7-3
February 13, 2007
BY STEVE LORD Staff writer
GENEVA -- The City Council here Monday snuffed out a ban on smoking in public places.
Aldermen voted 7-3 to recommend against an ordinance that would ban smoking in public places, most notably bars and restaurants. In the end, aldermen said the issue was freedom of choice.
"Those who don't want smoking will vote with their feet," said Alderman Paul Des Coteaux, 5th Ward. "Business people should make the decision in their own businesses."
The vote calls into question whether or not the Tri-Cities will ban smoking before a self-imposed deadline of May 1. While the St. Charles City Council last week voted for the ban ordinance, it was contingent upon Geneva and Batavia also passing the ban.
Mayor Kevin Burns said Monday that was an agreement reached between himself and the mayors of the other two towns.
Burns also guaranteed the smoking ban ordinance will be on the full City Council agenda Feb. 20, despite the vote against it Monday. He said the issue should be voted on by the council, rather than just the Committee of the Whole.
Aldermen made their choice after hearing divided testimony for almost 90 minutes.
Most citizens spoke in favor of the ban, while most business owners were united against it.
Read

From: "William K. Barclay" williamkbarclay@ameritech.net
Subject: Smoking Ban In Geneva
Date: Fri, 26 Jan 2007 08:56:03 -0600
Thank you for your comments regarding the smoking issue in front of us in Geneva.
St. Charles is placing this survey question in the Republican Newspaper this Thursday.
If you feel as though this is important enough, please print a copy, and submit your response to the questions.
If you have any questions, please do not hesitate to contact me using the information Listed below.
Regards,
William K. Barclay
Alderman 2nd Ward
City Of Geneva
630.232.9100  Office ( Geneva )
630.232.9190  Fax ( Geneva )
630.365.0000  Office ( Elburn )
630.365.0001  Fax ( Elburn )
630.461.9100  Cellular
-------------------------------------------
I'd like to add a note to all from my True or False doc regarding the subject of 53,000 deaths.
Read
If so then there would have been over 500,000 deaths from ETS in the last ten years resulting in reams of reinforcing data, autopsies, studies, etc. So.... where is it? The truth is a Mr. Judson Wells (a chemical physicist PHD but not a medical doctor or researcher) cherry picked through existing studies and surmised this figure without a shred of verifiable evidence. His study was rejected by a peer review when submitted for publication to American Environmental Journal and invalidated by the Congressional Research Service, the 7th Federal District Court and just last year he was rejected by the 8th Federal District Court as not being qualified to testify on ETS. This 50,000 figure gained notoriety when it was promoted by Stanton Glantz (PHD, engineering) at an AMA meeting in the early nineties and has assumed urban legend status since.
- Joe Bolduc
Kansas Business Rights Association
-------------------------------------------
In addition to all you said about Wells, ( and you're right)    IF secondhand smoke is kiling 53,000 people a year now, it must have been killing a lot more in the past, when SHS was much more prevalent. Indeed the most recent surgeon general's report said 70% of all SHS exposure has been eliminated since 1988, which happens to be the same year Wells first made that claim. So, if 53,000 deaths/year represents the death figure now, after 70% of SHS has been eliminated, then 53,000/0.3= 176,000 deaths from SHS occurred in 1988.
But we also had a active adult smoking rate drop  between 1970 and 1988. In 1970, about 43% of all adults smoked, and in 1988 about 27% of all adults smoked. So 176,000 deaths in 1988 multiplied by 43% and divided by 27% gives us about 280,000 deaths from SHS in 1970.  In 1970, there were about 1.9 million actual death certificates issued. So if these claims were true, then 14% of all deaths in 1970 were due to SHS exposure.
But wait!  If our 23% adult active smoking rate today, is killing 430,000 smokers a year, then in 1970, 43/23 X 430,000= 804,000 deaths a year in 1970 from active smoking. So add 804,000 and 280,000 = 1,080,000 of the 1.9 M deaths in 1970 had to be due to either active of passive smoking. Are we really to beleive if smoking had never been invented, that we would have had only 1.9M-1.08M= 800,000 deaths in 1970???????????????
City Of Geneva May Ban Smoking
Geneva Already Has One Of Few Smoke Free Kane County Taverns
August 30, 2006
Another suburb appears ready to tell smokers to butt out.
CBS 2 news partner the Kane County Chronicle reported the City of Geneva voted to recommend a full ban on workplace smoking.
Geneva Ald. Ray Pawlak first proposed such an ordinance about a year ago.
Downtown Geneva actually has one of the few taverns in Kane County that already is smoke free.
It is the Three Stags Brew Pub on State Street in the former Geneva Theater building.
Hundreds of Kane County restaurants have gone smoke free, but there are only three such taverns, those which derive most of their revenue from alcohol sales, in the county, according to the Kane County Health Department.
Batavia and St. Charles are working on bans of their own too.
There is no word yet on whether the ban could come up for a vote.
The Kane County Chronicle and the STNG Wire contributed to this report.
Read

Geneva's Smoking Task Force convenes
Little agreement during 1st meeting

By Barbara Kois
Special to the Tribune
June 2, 2006

Geneva's Smoking Task Force met for the first time Wednesday at City Hall with 15 task force members present, including aldermen, city staff, business owners and residents.

Businesses represented include Old Towne Pub & Eatery, The Little Owl, Tia Maria's, Stockholm's, Isabella's, Claddagh Irish Pub, River Lane Pub and Mill Race Inn.

Chairman Ray Pawlak said the purpose of the task force is to facilitate community conversation about smoking in public places in light of a trend toward banning smoking to see if the city should impose such a ban. Earlier this year, Geneva High School's student government group recommended the City Council ban smoking in public places.

It quickly became clear that viewpoints were divided.

Some advocated a smoking ban in all public places in the city while others objected on the grounds that it would hurt some bars and restaurants economically and impinge on the individual rights.

Smoking bans were compared to Prohibition, when alcohol was outlawed, a program that failed to prevent drinking. Others pointed out a ban would only restrict smoking in public places. Several business owners said they have addressed the problem by installing expensive equipment to remove smoke from their establishments.

Resident Mike Bruno said: "I don't think you're going to be able to reach a consensus. A referendum is the way to go. This would be for the benefit of the community as a whole because smoking is so harmful."

The task force agreed to invite the mayors of St. Charles, Batavia, Elburn and West Chicago to appoint representatives to serve on the task force and also to invite Kane County to participate. Several business owners said if Geneva enacts a ban, patrons would go to neighboring towns.

The next step will be to gather information on bans other cities have enacted, such as New York City, Los Angeles, Chicago and several of its suburbs. The group will meet again at City Hall on July 12, from 7 to 9 p.m. Pawlak hopes that the task force will be able to make a recommendation to the City Council in September.
Read


Geneva to look at smoking ban
• Mayor to name task force: Says many are on each side of issue

03/22/06
By Steve Lord
Staff writer

GENEVA — Mayor Kevin Burns will appoint a task force to look at an ordinance to ban smoking in public places here.

Burns this week told the City Council he would appoint a task force within 30 days to "look at all aspects" of a smoking ban ordinance.

"They will discuss and debate whether or not we should have such a ban," Burns said. "It may take longer than we think, but there are a lot of people on both sides of this issue."

To that end, Burns said his e-mail Tuesday was "singing all day," just one day after he proposed the task force. He said the task force will include: four downtown business owners; four business owners from the Randall Road corridor; two elected officials; two residents; and at least one city staff member, maybe more.

His comments came in response to Alderman Ray Pawlak, 3rd Ward, who proposed the city look at such an ordinance.
He pointed to the ban passed within the past year by the Chicago City Council and said it "is just a matter of time" before Kane County or even the Illinois legislature passes such a ban.

"The time has come," he said.

Pawlak first proposed such an ordinance about a year ago. It came up again this week because of a mock City Council meeting featuring Geneva High School students at which the students passed a resolution banning smoking in public places.

Part of a Geneva Student Government Program, the students researched the Chicago ordinances and others throughout the country and surveyed Geneva businesses, particularly restaurants and taverns.

The students passed the resolution this week while meeting in the Geneva City Council chambers. Moments later, during the regular City Council meeting, Pawlak made his proposal.

"This is something our students understand, and certainly, society does, too," Pawlak said.

Burns said the council had discussed a possible ban before, but added the student action was "a launching pad" for the council to move ahead.

In their resolution, the students exempted establishments where alcohol sales account for more than 65 percent of revenue, or where owners have air purification systems.

But Burns said that does not mean whatever the task force recommends has to have similar exemptions.

"We're starting with a clean slate," he said.

Downtown Geneva actually has one of the few taverns in Kane County that already is smoke free. It is the Three Stags Brew Pub on State Street, in the former Geneva Theater building. Hundreds of Kane County restaurants have gone smoke free, but there are only three such taverns — those which derive most of their revenue from alcohol sales — in the county, according to the Kane County Health Department.




 
 
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