Officials to consider smoking ban

County Commissioners hear proposals restricting smoking in some enclosed public areas

A pair of proposed smoking bans presented to the Delaware County Commissioners Monday would prohibit smoking in all enclosed public spaces in the county. The Tobacco-Free Coalition of Delaware County, in coordination with the Delaware County Department of Health, presented proposals based on survey findings and health statistics. One proposal would ban smoking in all enclosed public areas, including restaurants and office spaces, while another version would exclude free-standing bars.

A state statute already prohibits smoking in all government buildings.

Similar proposals were first presented to the commissioners more than four years ago, but were defeated by a 2-1 vote.

Commissioner John H. Brooke of District 2 said the current climate surrounding the issue of secondhand smoke pushed the coalition to present the new proposals.

"There is far more opportunity today, and the committee is trying to build public sentiment," he said. "A survey was sent out to the general population, and the records indicate overwhelming support for a ban."

Although the economic effect of the ban was also discussed, Brooke said he was skeptical of the findings presented.

"The committee wants to get support for the proposals, so of course there was no negative economic impact," Bennington said. "In fact, I think there has been passive support from businesses in the county as several restaurants and private offices have already enacted bans. I think that shows that the proposals would have support of local businesses."

Commissioner Tom Bennington of District 1 said he had reviewed both proposals and would support a smoking ban. He said the committee discussed the health issues associated with secondhand smoke, such as the increased incidence of heart disease.

"We are a legislative body, and we are responsible for public health," Bennington said. "That's why we are considering this."

However, he said changes to the proposal that would exclude free-standing bars were necessary.

"There are a couple of things in that proposal that need to be considered," he said. "As it stands now, the ban would allow anyone in the public to sue, and I don't think that is appropriate given we have a health department. We wouldn't want to open the floodgates to the public litigation."

Brooke said the commission would review draft proposals before making a determination as to which ban the county would implement. He said a public hearing would also take place, allowing residents to voice their support or concerns about either proposal.

"We want everyone to be able to have their say on the issue," Brooke said. "We haven't heard from the other side yet and they are entitled to their position."

Brooke said the date for the public hearing had not been set.


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