Seeking a smoking ban

3 May 2006
Gloria Carr

CARPENTERSVILLE — This village may be the next to jump on the no-smoking bandwagon in an effort led by a council of local governments to adopt a regional mindset to smoking bans, officials said Tuesday.

The Northwest Municipal Conference, with 46 members throughout the suburbs, is conducting an analysis of the smoking bans established by the city of Chicago and by Cook County to determine the effects of such bans, said Mark Fowler, executive director.

No formal recommendation has been made, but a majority of the conference's members would support a regional or statewide ban, he said. Only two of 24 communities voting on the topic recently opposed any type of bans, he said.

Fowler said the analysis will look at different issues such as whether a city or village needs to have "home-rule" authority to pass a ban.

Home-rule communities have broader authority to enact ordinances and adopt taxes than other communities. Home-rule authority is granted when a community's population hits 25,000 or if voters in smaller villages or towns grant that authority during a referendum.

A concern some communities had is losing business to neighboring towns without smoking bans, he said.

Fowler said a level playing field could be achieved by having an entire region — like the collar counties — or a subregion — like the Schaumburg, Roselle and Arlington Heights areas — adopt similar bans.

No statewide ban in works

Conference members would prefer a statewide ban, but state legislators have not broached the topic, he said.
"I think we are left with our own resources to determine how best to go about doing this," Fowler said.

He understands the General Assembly's reluctance to enact a ban.

"It is obviously a controversial issue. Even on our board, not everybody agreed," Fowler said. An argument against such bans is the view that government would be overstepping its bounds, he said, but the conference and its membership, "look at it as a public health issue."

Bans being adopted

If a majority of northwest suburban communities adopt bans, he hopes "it serves as a catalyst to spur the state to take action," he said. "I hope the more communities and councils adopt this, it might give our legislators the additional confirmation I think they are seeking on this type of issue."
Some communities already have adopted smoking bans. Buffalo Grove, Deerfield, Highland Park and Skokie do not allow smoking in public places, including places of employment, restaurants, bars and open-air dining areas.

Last week, the city of Geneva decided to form a task force to look at all aspects of a ban.

Downstate, Normal is passing a ban, effective next year, amid concerns its neighbor, Bloomington, could pass a less restrictive one.

Buffalo Grove Village Manager Bill Brimm said towns like Lincolnshire, Vernon Hills and Wheeling are talking about a ban, as is Arlington Heights.

Buffalo Grove passed its ordinance last month; it takes effect Oct. 1. Cook County's ban affects only a portion of Buffalo Grove. Because it has its own ordinance, it can opt out of the county's ban, he said.

Brimm received a few e-mails about the ban, only one critical of the change, he said. The ordinance is not meant to be punitive, and enforcement will focus on educating the public about the law, he said.

"Our goal is to enforce regulations through encouraging cooperation," Brimm said.

Ban held up as model

Buffalo Grove took the initiative to send an open letter to 100 community leaders, urging cities and villages to use its ordinance as a model to craft their own bans.
Carpentersville was one of the communities that received the letter. The village is a member of the Northwest Municipal Conference.

East and West Dundee are not members, nor is Elgin. The city of Elgin did consider a ban in 2004, but no action ever was taken. Spokeswoman Sue Olafson said there is nothing being considered at this time.

It may be something to re-evaluate if Carpentersville passes a ban because it is nearby, she said.

Carpentersville Village Manager Craig Anderson placed the topic on Tuesday night's agenda for discussion only. He said he would support a ban, given the research linking smoking and secondhand smoke to health problems.

The village would have the ability to adopt whatever restrictions it chooses — for example, banning smoking in restaurants but not bars, he said. Anderson said he understands the concern of one community enacting a ban while its neighbor does not. Customers may choose to go farther away for a meal if it means they can smoke, he said.

"If everyone has a similar ordinance, that argument goes away," he said.

Anderson said he knows there are counterarguments.

"I know, perhaps it is a hardship for those who do smoke, but perhaps it is a greater hardship for people who are enjoying a meal and the people working there," Anderson said, of smoking in public places. "I think it behooves us to look at the greater good for the greater number of people. People can still smoke, they just have to go somewhere else."

Fowler said the conference will determine what the next step would be and what type of formal recommendation to make. Carpentersville, too, likely will need to discuss the idea further.

Read

Carpentersville considers adopting a smoking ban
Board to seek input from businesses, check effect in other towns

By Stephanie Lecci, Daily Herald Staff Writer
May 03, 2006

Talk of a possible smoking ban lit up at Carpentersville’s village board meeting Tuesday night.

Village manager Craig Anderson said he recently received a letter about banning smoking in public places in the region from Buffalo Grove and the Northwest Municipal Conference, an intergovernmental group of about 50 cities and villages.

Many trustees expressed interest in the smoking ban but said they needed more information on its potential effects.

Village President Bill Sarto said officials would have to talk with restaurateurs who would be affected by a smoking ban.

“It could hurt local business,” Sarto said. “If we adopted a local ordinance and East Dundee and West Dundee didn’t, people would just go there.”

But village attorney Jim Rhodes said some municipalities with smoking bans report little to no impact on business.

Anderson said many nearby villages, including Buffalo Grove, already have smoking bans for public places and want others to get onboard.

“They suggested a regional approach to smoking bans to make it more effective,” Anderson said. “It takes away the argument that if you ban it in one town’s restaurants, people will go next door.”

Sarto said a ban could have both positive and negative effects, attracting non-smokers while discouraging smokers from patronizing businesses.

“For people that are offended by smoking, it’s a big issue,” Sarto said. “There is nothing worse than thinking you’re going for a nice night out and then you sit next to a table of smokers.”

Trustee Judy Sigwalt said smoking is a personal decision.

“I have a choice of going into a restaurant or lounge where there is smoke,” Sigwalt said. “If there is a ban, these people also have a choice of giving up smoking for the time they are in a restaurant.”

Trustee Ed Ritter said the board should not consider a smoking ban at this point because the issue is not included in the year’s strategic plan.

“The village should not get into a big controversy on this when we have so many other goals,” Ritter said. “This kind of thing becomes a divisive issue.”

Anderson said there will likely be a public hearing on the matter.

The board decided to begin speaking with businesses and get more information about the effects seen in villages with smoking bans.
Read