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Clayton smoking ban gets initial OK
ST. LOUIS POST-DISPATCH
5/27/2009
CLAYTON — Clayton officials on Tuesday took a giant step toward stamping out
smoking in public places by giving initial approval to a smoking ban that would
affect workplaces, stores, restaurants and hotels. They also urged other local
governments to enact smoking bans so the entire region could go "smoke-free."
Clayton would become only the second among the 91 municipalities in St. Louis
County to enact a ban if the aldermen and mayor approve the bill after one more
reading. Ballwin is the other.
Mayor Linda Goldstein said she was willing for Clayton to lead the way and
approve a ban even without similar bans by other governments but added she
hoped others would follow.
"Tonight we face a big decision, one I hope will lead other municipalities to
move forward on behalf of their citizens," Goldstein told the board and an
audience that included many restaurant owners who opposed the ban.
"Some people have urged Clayton not to go it alone ... to wait until there is a
county or statewide ban," Goldstein said. "I agree that a more widespread ban
would be ideal and I promise to continue my efforts with other municipalities
and St. Louis County and city to take a regional approach to this issue. If we
pass this ordinance, Clayton will serve as an example to other municipalities
and will give them encouragement to pass similar legislation."
Alderman Michelle Harris also issued a challenge to other municipalities to
join Clayton.
Final approval of the Clayton ban is mostly assured. All the six aldermen and
the mayor spoke passionately about their support of a smoke-free Clayton.
Alderman Alex Berger III cast the only dissenting vote and said he did so only
because he wanted the ban to be stricter and extend to Clayton's parks and
green space.
Clayton's ban would have some exceptions, including allowing smoking in tobacco
shops, cigar bars and 20 percent of hotel rooms. In a compromise with
opponents, the ban would allow smoking on businesses' outdoor patios.
The ban would not be implemented until July 2010 to allow for the economy to
improve and for restaurants to prepare for the change.
Unlike recent public hearings on the smoking issue, the chamber had some empty
seats and there were no rallies outside. But some restaurant owners showed up
to voice their still strong concerns about the ban.
Alan Richman, owner of Sasha's Wine Bar, asked the board to consider amending
the bill to "grandfather in" existing businesses until other municipalities
adopt bans.
Natasha Creel, an owner of Roxane's, suggested that Clayton allow smoking for
late night business at bars after the kitchens have closed.
Frank Schmitz, leader of the Clayton Restaurateurs Alliance, said after the
meeting that he objected to the exceptions for hotels but not for restaurants.
Anti-smoking advocates, parents, students, other residents and local doctors
have turned out in force at City Hall in the last two months to champion the
ban.
At the same time, the group of restaurant owners who belong to the Clayton
Restaurateurs Alliance have packed meetings to denounce the proposal, saying it
could force some of their businesses to close. They've told the aldermen that
with the terrible economy and highway closings the timing couldn't be worse.
They fear they'll be isolated with the ban and that customers will go to other
nearby communities that allow smoking.
Several aldermen said they were sensitive to those concerns and favored the
one-year delay in implementing the ban.
Alderman Judy Goodman, among others, said that public health was the main issue
in support of the ban. "Continuing to allow smoking in Clayton seems
incompatible with our priorities and our duty to protect the health and safety
of this community," Goodman said.
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