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HEALTH SOURCE
Smoking ban in county passes
HUNTINGTON -- The Cabell-Huntington Board of Health passed a proposal to ban smoking in bars and gambling parlors in the county at its meeting Wednesday late afternoon.
Members Tom Gilpin and chairwoman Sally Oxley made it clear that although the economic argument that was once again presented may be valid, the job of the Board of Health is to protect the people under its jurisdiction.
But that didn't stop Gilpin from abstaining from a vote that turned out 4-0 in favor of the ban.
"I think the ban is a good idea, but I think there are other interests we need to take into account," Gilpin said. "If I was pushed to vote, I would have voted in favor."
Gilpin said he would have liked to have found some alternative, but he admitted the issue isn't black and white. He added that he was impressed with the information presented at the late-December public hearing from folks who were for and against the ban.
"Smoking is legal, it's a personal choice," Gilpin said. "There is fair warning on tobacco use.
"But the freedom of choice is not absolute when it adversely impacts the general public," he continued. "The key here is to protect people from smoking when they can't say, 'I don't want to be around smoke.'"
The ordinance is drafted to protect employees who work at the establishments, and that's what the Board of Health took into account, said Teresa Mills and Erin LaFon.
"They had to take everything into consideration, but they are responsible for the public health," said LaFon, a member of the Cabell County Coalition for a Tobacco-Free West Virginia. "That's what they had to take their position on, no matter how difficult."
Mills, the regional tobacco prevention coordinator for the Cabell-Huntington Health Department, said Center for Disease Control statistics show that 73 percent of West Virginians do not smoke. And she said there is no reason why revenues can't increase with bars and game rooms toting a smoke-free environment.
But owners aren't so sure. Neither is Delegate Doug Reynolds, D-Cabell. He sent a letter that was read by bar owner Charles Watkeys. In it, Reynolds said he couldn't support a ban on a product that is legal.
"I'm not sure how the ban accomplishes either of the goals which the health department is set up to accomplish," the letter from Reynolds stated.
He went on to say that the economic impact must be taken into consideration because local and state dollars could be impacted. And when lottery revenue declines, that affects the PROMISE Scholarship and services provided to West Virginia's growing senior population.
Phillip Mann, who owns a gaming parlor on Washington Avenue and West 6th Street, doesn't smoke and said he's against smoking. But he said their will be an economic impact that results in lost jobs, closed businesses and a reduced tax base. He said the state's lottery Web site already provides the evidence, showing decreased lottery revenues in the counties that have enacted similar smoking bans.
Now he fears that that Putnam and Wayne counties, along with illegal gaming parlors in Ohio, will reap the rewards because no such ban is in place there. He also continued to say that enforcement will be so difficult that some bars and parlors just won't comply.
Bars and gaming parlors have 30 days to come into compliance. Copies of the State Tobacco Control packet will be made available to owners and managers.
"Post notes saying it will be in effect," Gilpin said. "That's what the restaurants did in 2003."
Dr. Harry Tweel, medical and administrative director for the Health Department, said sanitary workers will be randomly checking for compliance. When a complaint is received or a violation is noted, a review documenting the problem will take place. Then a compliance check will be done within 10 days.
Tweel said a cease and desist notice will be given upon a second offense. If a third offense is noted, it will go to a prosecutor, he said.
Board members Sally Oxley, The Rev. Kevin Kelly, Harriet Cyrus and Greg Howard voted in favor of the ban. Dr. Omayma Touma was not present, and Tom Gilpin abstained.
