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St. Louis weighs smoking ban
ST. LOUIS POST-DISPATCH
7/1/2009
ST. LOUIS — A controversial proposal to ban smoking in the city has attracted
some unlikely combatants on both sides of the debate.
The American Cancer Society, an agency that preaches the dangers of smoking,
opposes the bill, saying it is not strong enough. But among the bill's
supporters are restaurateur Kim Tucci of the Pasta House Co. and entrepreneur
Joe Edwards, who helped extend the Delmar Loop into St. Louis with the Pageant,
Pin-Up Bowl and the Moonrise Hotel.
Edwards said he sees the smoke-filled days of clubs and bowling alleys giving
way to younger crowds focused on health. Tucci said his restaurants went
smoke-free about six years ago at the urging of customers, and it has not hurt
his business.
The comments came Tuesday as city leaders considered a bill that would ban
smoking in all restaurants and bars. A second day of hearings on the subject is
scheduled for today at City Hall.
Patios or other outdoor areas would be exempt under the measure. And under an
amendment added to the bill, the gaming floors of the city's two downtown
casinos also would be excluded.
The biggest caveat in the bill: It would only go into effect if St. Louis
County passes similar legislation.
There is no formal movement to do so in the county and St. Louis County
Executive Charles A. Dooley said he supports a statewide ban rather than a
countywide prohibition. Efforts to ban smoking in the county in 2005 and 2006
were unsuccessful.
The casino exemption and the dependence on county action were reasons the
American Cancer Society gave for opposing the measure.
"Some people believe that we draw too hard of a line about what we can support
in public smoking legislation, and that we aren't willing to compromise
enough," said Christine Winter of the American Cancer Society. "As difficult as
it can be to pass comprehensive smoke-free laws, we have observed it to be even
more difficult to come back and close loopholes in weaker laws later."
During the three-hour hearing on Tuesday, advocates of the ban rattled off the
health risks of secondhand smoke. The ban's opponents said customers are aware
of the health risks but come to the restaurants and bars so that they can smoke.
Alderman Ken Ortmann, whose family runs the Cat's Meow bar in Soulard, said
that at least 75 percent of his customers smoke.
"Could this put us out of business? Yes, it could," Ortmann said, testifying
before his colleagues on the Health and Human Services Committee. He also
opposes giving an exemption to casinos.
Alderman Joe Vollmer, who owns Milo's bar and grill and sits on the committee,
said he would not support the bill without a statewide ban.
Alderman Lyda Krewson, the bill's sponsor, said that 37 states have some form
of smoke-free law with 24 of them banning it outright in restaurants and bars.
Forty of the country's 60 largest cities also have smoking bans, she said. Nine
cities in Missouri have them, including Ballwin, Kansas City, Kirksville and
Columbia.
A smoking ban is expected to be approved in Clayton this month and efforts are
under way to get a smoking ban on the ballot in Kirkwood.
"There is ever-increasing momentum across the country," Krewson said, noting
that countries around the world, including Greece, Australia, Cuba and France
also have banned smoking.
St. Louis missed its chance to be progressive, said Krewson, who represents
much of the Central West End. Now, "it's just something I think we need to get
done."
Harry Belli, who owns Harry's Restaurant and Bar downtown, said he worries that
his eatery will meet the same fate that his Harry's West did in Ballwin after a
smoking ban went into effect there in 2006.
Belli says his restaurant lost $130,000 in a year and closed 15 months after
the ban began. Like many of the opponents, he said a statewide ban was the only
way to ensure a level playing field.
Jack Larrison, owner of Shady Jack's Saloon on North Broadway, said he does not
care about who smokes or doesn't in France or any other country.
"I'm speaking for the survival of my business," he said.
He said that after an Illinois smoking ban went into effect in January 2008, he
saw a bump in business the very next day. Banning smoking in the city during a
soft economy would mean an uncertain future for Shady Jack's, he said.
Krewson acknowledged concerns about the bill not being restrictive enough and
being too dependent on the county. But the city cannot wait around for a
statewide ban, something many of those for and against the proposal have
suggested, she said.
"There's no bill that is perfect," Krewson said. "In this case, the good could
be the victim of the perfect. I hope you won't oppose it because it's not
perfect or not exactly to your liking."
Those lobbying for the bill dashed around the room Tuesday, predicting it would
pass out of committee with either a 6-3 or 5-4 vote. Jeff Rainford, Mayor
Francis Slay's chief of staff, cornered committee Chairman Greg Carter after
the hearing, trying to convince him the ban was the right thing to do. Carter
told Rainford he remains on the fence, concerned about the public health issues
but also worried about the economic impact it could have on some businesses.
Either way, there will be no action for at least two months. If Carter calls
for a vote on the bill after the hearing today, and it passes, there will not
be enough time to get final approval from the full Board of Aldermen before it
adjourns for the summer on July 10.
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