Mt. Carmel says NO to ban

Tobacco ban goes up in smoke

By Laura Easter - Register News Editor 
November 1, 2005

Nearly 11 months after lighting up the idea of enacting legislation to ban tobacco use by minors, the Mt. Carmel City Council Monday night inflexibly snuffed out the notion.

The council convened for a special meeting on Halloween night - one week after their regular meeting, when commissioners sat before a room packed primarily with individuals in favor of seeing a city ordinance passed that would have police assess fines to anyone under age 18 caught using or possessing tobacco products within the city.

Technically the legislation failed for lack of a motion, but not before the mayor and commissioners each gave statements suggesting their unanimous consensus they were ready to vote 'no'' on the ordinance.

In a session that lasted less than 15 minutes, the mayor and commissioners claimed the vast majority of residents they spoke to were opposed to the ordinance; morality can't be legislated; and to pass a law that wouldn't be aggressively enforced only trivializes the law in general.

A finger was pointed at District 348 because state law now bans smoking on school premises. And Mayor Tom Meeks called "way out of line" a letter to the editor published in the Register last month from members of Partners in Prevention - a group that championed the push for the ordinance's passage - that questioned "what value they (the city) are placing on the health and wellness of our children," by not passing or enforcing the ordinance.

Council comments

The mayor and commissioners agreed in their separate statements that kids shouldn't smoke.

"We know whether you're 6 or 60 you don't need to smoke cigarettes," Mayor Tom Meeks said.

"It's no good," commented Commissioner Mike Witters. "I don't see why tobacco exists, frankly..."

"...Certainly I don't want my grandkids smoking...." said Commissioner Jack Emmons.

"I prefer, just like everyone else, that youth not smoke," chimed Commissioner Norm Brunson.

In his opening comments Monday night, Mayor Meeks said he didn't think one could "legislate morality."

"I think it's the parents' job to raise their own children," he said.

The mayor called an October letter to the editor "way out of line... assuming that we, as city council officials, feel that if we don't enforce or don't pass this ordinance that you doubt the sincerity of our concern over our youth health and well-being.

"I think that was way out of line, because I think everybody up here has been involved with the young people in many ways in the city of Mt. Carmel," he said.

Commissioner Mike Witters, an attorney by trade, said, "I don't believe the solution to all social problems is to criminalize them."

"The proposed ordinance, whether we think so or not, isn't going to be aggressively enforced if we do pass it," Witters said. "The police have a whole lot to do, and in all candor, circling the high school at noon and 5 o'clock is not, as far as I'm concerned, the real high priority."

Witters said he'd rather have police catch "the people cooking methamphetamines, breaking into my car in my driveway, and things like that."

Acknowledging the subject of kids smoking is "very important," he said, "but on the other hand, the thought of our police department chasing kids down 4th Street, trying to hand them a ticket, because they saw them sitting on a porch on 4th Street, is, to me, not a good picture."

Speaking "philosophically" as an attorney, Witters said it "trivializes the law in general" when a ordinance is passed and then not enforced.

"...When you pass a law which isn't going to be enthusiastically, aggressively enforced, you've not only trivialized that law, you've trivialized all laws."

And when the "target group" - underage tobacco users - see that law isn't being enforced, Witters said, "they say, 'well, ha, ha, ha, that law is not going to be enforced we don't have to pay any attention to that, so why do we have to pay attention to the no drinking, no marijuana, no methamphetamines...'"

Witters said he polled 60 people, all of whom agreed kids shouldn't be smoking.

"But the question is, is it the duty or function of the government, the state, the police department, to chase those kids down and arrest them when they choose to smoke?" Witters said. "Ninety percent of them said 'no'... They said 'no, that's not the function of the police. The city shouldn't be involved in that.'"

Commissioner Jack Emmons reported, "I let people say something to me impromptu, so they didn't even know where I stood... And I didn't' have one person say that they were in favor of it (ordinance). I have had young and old, conservative and liberal people..."

About a year ago when the subject surfaced, Emmons said he had one lady approach him to say she was in favor of a tobacco ordinance. "But from that point on, all I've heard was negative comment on it."

Commissioner John Fearheiley commented that "Even with the program you've asked us to implement, we would not eliminate it (youth smoking)."

And Commissioner Norm Brunson, citing the Bible's reference to parents raising their own children "up the way they should go," conducted his own poll.

"...After polling at least a hundred people, I feel you cannot (legislate) morality," he said. "...The people I talked to felt we were stepping out of our bounds. So I have to vote 'no.'

Enter District 348

The mayor Monday night pointed out a state law that bans tobacco's use on school property, bringing District 348 - who had no representatives in the audience Monday night - into the discussion.

"We've all had examples and we've seen it in action that it's not being enforced," he said of the law. "I've been to basketball games, football games... I've been to the high school, and I've kind of watched around during lunch hours, and I've seen kids sitting on the cars in the school parking lot smoking cigarettes."

Emmons said he spots on his early-morning walks students smoking in the high school parking lot.

"And I believe that the high school - the school itself - should probably go out there and police some of this more themselves too, because it's happening right there on the parking lot.

"...It's against the law, but it's not being enforced," Emmons said.

"The problem we see," said Commissioner John Fearheiley, "is between the school administration and the children smoking. With concerted effort, you can easily find out who these children are."

Fearheiley suggested the schools can bring parents of youth smokers in and, "with the help of the health department," explain to youth the gravity of the decision to use tobacco.

Fearheiley also called health classes "...the time that you have the ability and their (students') undivided attention to explain to them in detail what the causes and efforts are with smoking." The commissioner also suggests students could sign a pledge to not smoke, and help their friends come to that decision as well.

By setting the example for students of parents, teachers school administrators and health department personnel all working in unison against youth smoking, Fearheiley suggested the social stigma created could, itself, help curb underage tobacco use.

"Will you ever eliminate it? No," he said. "But we need to try every avenue we possibly can to get to that point."

Suggests closed campus

Mayor Meeks offered another suggestion to curb youth tobacco use - one he said he knew would not be "real popular" with local restaurants.

"If you want to put a full-court press on this," he said as he suggested closing Mt. Carmel High School's campus over the lunch hour.

"That would give them seven hours that those children would not have access to tobacco, if they are abiding by the state law."

Closing the campus, he said, would help eliminate the problem of youth obesity; ensure students get at least one balanced meal per day; eliminate the calls he receives daily about students "hot-roddin'" up and down Market Street and through alleys; eliminate "probably 30 percent" of the city's litter problem; and eliminate "these kids drag racing up and down River Road."

"Like I say, the school system has a lot better handle on this than we do..." he said. "...State law says you can't have tobacco on school (property), so if you can't have tobacco on school (property), and they enforce that law, and those kids can't smoke a cigarette for seven hours - and I know when I smoked, if I had to go seven hours without a cigarette I'd be bouncing off the walls - so they'll either bounce off the walls or they'll quit smoking," the mayor said.

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Mayor drops proposed tobacco ban

July 8, 2005
By Laura Easter - Register News Editor
 
If you're under 18, and you're spotted smoking by a Mt. Carmel police officer, don't expect to get a ticket.

It was December 2004 when the Mt. Carmel City Council tabled a proposed ordinance to ban tobacco use by minors in the city. The subject came back up at Tuesday's regular meeting, when Mt. Carmel Mayor Tom Meeks said the city wouldn't be passing the legislation.

Referring to himself as "not a big government person," the mayor said he saw no reason for passing an ordinance authorities wouldn't be able to enforce.

"I talked to the council, and I know we've had a lot of requests about passing this ordinance..." the mayor said. "I'm probably going to make a lot of people mad, but with all we have going on with the drug problem and the crime and stuff - plus I'm not a big government person; I think the government is too involved in our lives the way things are - so I don't see any reason why we should pass an ordinance...."

Meeks pointed out the city has but two MCPD officers on duty at any given time. And, "If we fine a young person $25 or $50 for smoking cigarettes when they're not supposed to, their parents are probably going to have to pay the fine anyway because most kids 16, 17 don't have 50 bucks to cough up.

"If we give them community service," the mayor continued, "And they're injured while they're working for the city, then we're liable for a lawsuit. Plus Mr. Price (Tom Price, city attorney) would have to process all the fines."

Price chimed in, calling court costs nowadays "substantial."

"Court costs are always more than the fines," the city attorney said.

The draft ordinance considered in December called for fines ranging from $50 to $500, plus city attorney's fees, for minors under 18 caught smoking, dipping or possessing tobacco.

Announcement of the proposed ordinance came shortly after a letter written by local R.N. and Wabash County Health Department employee Pam Wonnell was published in the Register.

Her letter lodged concerns about students smoking on 2nd Street near Mt. Carmel High School during the school year. Wonnell wrote she was worried about the influence the activity had on younger students riding by the area on school buses, and on incoming freshmen.

The proposed ordinance was also drafted with Wonnell's assistance.

Taking the discussion to a more personal level on Tuesday, the mayor said he felt a parent should have the control of a child.

"You can ground them; if they drive, you can take the keys away..." Meeks said.

"I do not want to get the city involved in raising someone else's child... we have better things to do. If that makes people mad, I'm really sorry that it does, but we're just not going to get into that."
http://www.tristate-media.com/articles/2005/07/08/mtcarmelregister/news/news2.txt

Proposal makes it illegal for minors to have tobacco in Mount Carmel

December 22, 2004
MOUNT CARMEL, Ill. Mount Carmel is considering a new ordinance that would make it illegal for minors to possess or use tobacco products within city limits.

The mayor of the southern Illinois community, Tom Meeks, says the ordinance would impose fines of up to 500 dollars for anyone under 18 caught with tobacco.

Meeks says he expects the City Council to approve the measure Monday.

Although state law prohibits the sale of tobacco products to minors, Meeks says municipalities must determine what is and isn't allowed when it comes to tobacco use.

Mount Carmel is following in the footsteps of nearby Olney, which drafted a similar ordinance in 1997.
http://www.kwqc.com/Global/story.asp?S=2647555