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Appleton's
Smoking Ban Causing Confusion, Court Challenges, Changes
by Bob Lowe
May 9, 2005
Appleton’s
smoking ban does not go into effect until July 1, but it
already is causing a great deal of confusion, court challenges
and changes as business owners and citizens prepare for
the precedent-setting ordinance.
On April 5, by a margin of 9,726 votes to 7,551 votes,
Appleton voters approved a binding referendum to prohibit
smoking in all workplaces, including all bars and restaurants.
When it goes into effect in less than two months, it will
be the most restrictive anti-smoking ordinance in the state.
Madison, the only other Wisconsin city with a comprehensive
work place smoking ban, allows smoking in private clubs.
The Appleton ordinance makes no such exceptions.
Proponents of the measure, including Community Action for
Tobacco Free Living, said the medical evidence was overwhelming
that second-hand smoke poses health danger to non-smokers
as well as employees in establishments that allow smoking.
Opponents, particularly bar and restaurant owners fearing
a loss of business, have hired a law firm to challenge the
impending ban in court.
The issue is further complicated because some opponents
of the smoking ban claim the referendum question itself was
illegal.
Meanwhile,
some smoking patrons mistakenly believe the ban is already
in effect and have been acting accordingly. One downtown
Appleton bar owner, pointing to the scarcity of customers
on a recent night, said the referendum ¨is
already having an effect because the majority of the people
don´t know it does not go into effect until July 1.
Some
non-smoking customers have been telling bar owners that ¨other customers are violating the ordinance.” Connie
Olson, executive director of the Community Action for Tobacco
Free Living, said the three-month transition period between
the referendum and its date of effect is intended to help
businesses concerned with the loss of revenue to changes
to accommodate to the new ordinance.
Other
residents believe – again mistakenly -- that
the police will come swarming into bars and restaurants to
cite smokers found to be in violation.
Appleton
Police Chief Richard Meyers has stated that his officers
will not be conducting any such patrols. He said enforcement
will be on a “complaint basis,” such
as if a patron fails to observe the restriction or a customer
reports that a particular establishment is not complying
with the law.
Some smokers also are worried that police will issue people
smoking outdoors tickets for tossing cigarette butts on the
ground. Myers said the new ordinance does not change any
existing ordinance that prohibits littering on the streets,
sidewalks, parks or waterways. Under the ordinance, smokers
will not be allowed to congregate within the immediate entrance
of a building and must be at least 20 feet of entrances to
city buildings, according to City Atty. James Walsh.
According
to the ordinance, smoking restrictions not only apply to
buildings but city-owned buses or leased vehicles. Any
one found in violation could be fined “no more
than” $125 for a first offense and “no more than” $500
for the second and subsequent offenses.
A number of business owners said patronage has declined
since April 5 but not all were certain that the proposed
ordinance is responsible. There have been hints that some
conventions might cancel or not book reservations because
of the smoking ban. But officials of the Fox Cities Convention
and Visitors Bureau said there have been no official cancellations
as a result of the ban so far.
Among the general public, reactions have ranged from those
who believe the ban is a long overdue measure to promote
a pollution-free working environment to others who contend
that it is another intrusion of government into their private
lives.
Some
bar patrons threaten to go to neighboring municipalities
like Neenah, Menasha and Grand Chute, that still allow smoking
in bars and restaurants -- or simply stay home. Opponents
of the ban said if it continues to be applied to selected
cities, it would create a hodge-podge of different local
regulations that would be confusing to residents. A few state
legislators have introduced laws that would impose a consistent
statewide ban on smoking in all municipalities. Action is
still pending on these proposals.
OUTDOOR
DRINKING -- Appleton aldermen, by a vote of 15-1,
passed another ordinance that will allow restaurant owners
to serve alcohol with meals in sidewalk dining areas, beginning
this summer. Under the measure, the consumption of alcohol
will be limited to those patrons seated and being served
at the tables. Alcohol can be served from 4 p.m. but must
be removed from tables by 9:30 p.m. A paid employee must
be present at all times in the area of the amenity strip
where alcohol is being served. The area must be fenced in.
HAIRSPRAY – In what’s being billed as the ¨sleeper
jewel¨ of the 2004-05 Broadway season, the Fox Cities
Performing Arts Center will present the multiple Tony Award-winning
production “Hairspray,” from May 31 to June 12...
Ticket prices range from $43 to $71, plus fees. For reservations
and additional information, call (920) 730-3760 or log onto www.foxcitiespac.com.
LAWRENCE
EVENTS – The Gonzalo Rubalcaba Trio will
appear in concert at 8 p.m. Saturday May 14 at the Lawrence
Chapel as part of the Performing Arts Series for 2004-2005.
The 37-year-old Havana-born pianist and composer draws on
the musical tradition of his home island, as well as U.S.,
European, Russian and Hispanic influences. He has strong
ties to such jazz greats as Dizzy Gillespie and Charlie Haden,
among others. Tickets range from $15-$22 and can be secured
by calling the Lawrence Box Office at 832-6749. Also on tap
this weekend at LU is Skappleton 2005, the annual music festival
featuring ska and reggae-type music. Among the bands featured
will be Suburban Legends, Something To Do, Hired Geeks, Catch
of the Day, Duct Tape Mustache, I Voted For Kodos, Stamp´d,
Out of Line, Tusker, Deals Gone Bad and Umbrella Bed. The
all-day event gets underway at 12:30 p.m. Saturday at the
Buchanan-Kiewit Center on campus. General admission is $10.
For
comments or questions, boblowe@juno.com or
by phone at (920) 731-4603.
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