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Houston Smoking Ban to Be Extended to Bars [10/20/06-3]

Excerpts from: City smoking ban extended to bars

By Alexis Grant Houston Chronicle [10/19/06]


The City Council voted Wednesday to extend Houston's indoor smoking ban to bars, with several members acknowledging they went along reluctantly to forge a compromise on an issue that had divided the panel.

The measure, effective next September, will ban smoking in most bars and other indoor workplaces but allow it in outdoor patios, tobacco bars and several other exempted places.

The 13-2 vote was a victory for Mayor Bill White, who wanted to extend the ban while leaving some locations available for public smoking.

"I think the public was heard loud and clear that we need to better protect the rights of our employees," he said, noting that the ordinance will reduce workers' exposure to secondhand smoke.

Houston bar patrons and workers met the news with a resigned shrug, citing similar bans in other large cities.

"It's out of our hands," said David Johnson as he enjoyed an after-work drink and cigarette at the Ginger Man pub in the Rice Village. "It happened in New York; it happened in Austin; and now it's happening here. It's out of our hands."

The council had been divided on the issue since White proposed his ordinance two weeks ago, with some members calling for a stricter ban and others pushing to exempt bars.

But the council members, though tense at times during Wednesday's debate, united behind what the administration said was a compromise, with some members saying that any extension of the ban was better than none at all.

"I think a whole lot of people held their nose," said Councilwoman Anne Clutterbuck. "It's not the best in any one person's opinion, but it's the best we could come up with."

The dissenters were council members Addie Wiseman and Michael Berry, who said previously that they opposed any extension of the ban and that the decision on whether to allow smoking should be up to individual businesses.

The council rejected several amendments that would have weakened the ordinance or extended its reach.

An amendment the council approved expands the ban to include meetings of nonprofits at their own facilities. Such functions would have been exempt under White's original proposal, and the approval of the amendment marked the first vote White has lost since he became mayor in 2004.

"Emotions ran strong," White said, "because there are some citizens who think there should be no exceptions."

He said he hopes the Legislature will enact a statewide ban or at least give authority to counties to put smoking restrictions in place.

Councilwoman Carol Alvarado said she was surprised so many members ended up voting for the proposal.

"It wasn't everything, but at least it took us further than we were before," she said.

Houston's existing law prohibits smoking in restaurant dining areas but allows it at bars - including bars in restaurants so long as the smoke doesn't drift into the dining area.

Droves of supporters and opponents of the proposal made their voices heard in the weeks leading up to the vote. A record number of speakers - more than 100 anti-smoking activists and bar owners who feared a ban would hurt business - signed up to sound off at council's public session Tuesday.

The panel voted against almost all of Councilwoman Pam Holm's amendments, which would have eliminated the exceptions included in White's proposal - but the votes were close.

The amendment that would have extended the ban to hotels, designated meeting rooms in convention centers and other private functions narrowly failed with a vote of 8-7. The amendment to ban smoking at bars that derive significant revenue from tobacco sales - only a handful of establishments within the city qualify - was rejected 9-6, and the amendment to ban smoking on outdoor patios failed 11-4.

The council also rejected, 11-4, an amendment offered by Councilwoman Toni Lawrence that would have exempted bars from the ban. Councilman Jarvis Johnson submitted an amendment to allow voters to decide the issue next year, but the panel did not consider it because the suggestion was made too late in the process.

Surrounded by smoke at the Fox and Hound, manager Steve Warren said the change was only a matter of time: "We have a patio that seats 100 people. We'll just roll with the times."


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