Will ban go up in smoke?
Potential ordinance change worries some city businesses
Evan Belanger
Staff Writer
Daily photo by Jeronimo Nisa
Albert Simpson Band’s bass player Jeremy Wildes outside The Brick during a performance break Saturday. Even if the smoking ordinance changes, The Brick is not planning on allowing indoor smoking.

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Make up your minds.

That’s the sentiment some local business owners expressed this week in response to a proposal that would repeal portions of Decatur’s 2-year-old ban on public smoking.

The City Council on Nov. 2 is scheduled to consider amending the controversial ordinance that prohibits smoking in most public places.

If approved, the changes will lift the ban for bars and restaurants and remove a rule that hotel operators cannot designate more than 25 percent of their rooms for smokers.

That has some local business owners asking what the point was to begin with.

“Why can they not leave well enough alone?” read a leaflet distributed at The Brick Deli and Tavern this week.

Impact

According to David Champlin, one-quarter owner of The Brick, the ban hurt his business when it went into effect in October 2007. But things returned to normal after about two months.

Now, he fears repealing the ban will again upset his customers and needlessly hurt business again.

Champlin says The Brick will not revert to a smoking establishment if the amendments pass because he does not want to upset his non-smoking customers.

But he predicts the changes will hurt his bar business if approved.

Additionally, he says The Brick owners spent about $15,000 opening a patio for smokers after the current ban passed — money they would not have spent had it never been implemented.

Victor Melonas, owner of Café 113, made similar statements.

Melonas, who is currently renovating his business, had planned to include an enclosed smoking section prior to 2007. But he scrapped that plan when the smoking ban passed.

Now, he says it’s too late to add the smoking section back to his renovation plan without significant extra costs.

“I’m caught in limbo,” he said.

Despite those concerns, others said this week they support repealing the ban, because of its ongoing negative impact on local bars.

“I think it has hurt all the bars in Decatur,” said Bob Childers, owner of Geno’s Pub. “They go to other places like Huntsville and Madison.”

Childers, who estimates 90 percent of his customers smoke, says he was able to purchase Geno’s because the previous owner could not make it work after the smoking ban passed.

Likewise, Kelly Hopkins, a bartender at Glass’s Cocktail N’ Grill, says the smoking ban has hurt her business “immensely.”

“I mean it really, really affects our business,” she said. “You know, we have a deck. You can go out on the deck, but I mean if it’s raining or anything like that, people aren’t even going to bother coming in.”

While she says she understands the ban for businesses that allow children, she does not think it should impact bars like Glass’s, where customers must be 21 to enter.

The amendments to Decatur’s smoking ordinance are proposed by Councilman Gary Hammon, who says they will bring Decatur’s smoking rules more in line with surrounding cities like Madison and Huntsville.

Exceptions

Both of those cities allow smoking in certain circumstances, and Hammon — himself a smoker — says Decatur smokers patronize out-of-town businesses more frequently because of the current ban.

He also says he does not anticipate every business in Decatur will again allow smoking if his amendments pass. Instead, he says it will merely give business owners the choice.

“Anybody who goes smoking, they’re going to lose business from their non-smoking customers,” he said during a council work session Monday. “Let the people vote with their wallets.”

Councilman Ronny Russell, who proposed the current ban, says he doesn’t understand Hammon’s reasoning because the current ordinance is working without undue impact on businesses.

The council is scheduled to consider the amendments during its 7 p.m. meeting Nov. 2.

The previous City Council approved the current smoking ordinance with a 3-2 vote in 2007. Hammon voted against the ordinance.

Since then, the council makeup has changed, and it remains unclear if Hammon has enough support to push his amendments through.

Public reaction

Local residents polled by The Daily shared their opinions Friday about Decatur City Councilman Gary Hammon’s proposal to repeal portions of the city’s two-year-old smoking ordinance:

Robert Champion of Falkville: “In clubs and stuff, I think it’s OK. But for restaurants, when you take your kids in there, people don’t realize second-hand smoke will kill you.”

Rod Goodlow of Decatur: “It doesn’t bother me people smoking. It doesn’t bother me at all.”

Jackie Letson of Moulton: “I think they need to leave it the way it is. I don’t smoke, and I don’t care for it.”

Myra Mayfield of Hartselle: “Personally, I don’t smoke. But if you go to bars, drinking is just as bad, so you might as well let them smoke. As far as restaurants go, I really don’t like having to walk past the smoking sections and smelling like smoke.”

Katherine Lawson of Decatur: “I think they should leave it the way it is. I like being able to go to a restaurant and not stink like smoke. I was shocked when I saw they were thinking about changing it.”

Josh Letson of Decatur: “I like it (repealing) because I’m a smoker.”

David Arnold of Decatur: “It’s just one of those things where one administration enacts something and the next wants to change it.”

Ordinances compared

Councilman Gary Hammon’s proposed changes to Decatur’s ban on public smoking are designed to bring local rules in line with those of surrounding cities like Huntsville and Madison.

But a look at those ordinances shows Hammon’s proposal is more like Madison’s than Huntsville’s.

Huntsville

In Huntsville, business owners are not allowed to establish separate smoking and non-smoking sections. Instead, they must choose whether to allow smoking throughout.

Huntsville businesses that allow smoking may not admit anyone under the age of 19.

Madison

Similar to Hammon’s proposal, Madison’s ordinance allows for separate smoking and non-smoking sections. It sets no age requirement for patrons of businesses that allow smoking.

Decatur’s current ordinance prohibits smoking in most public places. If the council approves Hammon’s amendments, the ban on smoking in bars and restaurants will be repealed.

EVAN BELANGER

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20 comments on this item

Tell Gary Hammon to move to Huntsville he stinks as a councilman anyways!!!!!!!!!!!!!!!!!!!!!!!!

As the old saying goes "if it ain't broke, don't fix it." Hammon has no research or proff of his statements regarding where people are going or not going or for what reason other than something contrived in his politically motivated little mind. What an stupid reason "because the other cities around us do it......this way....that way,etc." As my little mother used to say, "well if all of your friends jump off the clift, are you going to?" Because my teen mind argued, everyone else has got one, or is going...

She was trying to teach me to think on my own about my own decisions.

One positive thing that Decatur has done in the last few years, and I might add...very few was be inovative enough to disregard the 20% of people who smoke and side with the 80% that do and stop the nonsense of letting those that smoke share it with everyone. They are missing the real valid, researched many times over and over, FACTS. SMOKING KILLS. Not only kills, it causes many other diseases and health problems. So, protect your citizens for a change Mr. Hammon. Are you aware or have you even considered the recent study that proved that since one city enacted their smoking ban, heart attacks and lung diseases DECREASED in a short term! Guess not, your lame excuse is the same as all others who crave and want attention to help their political aspirations. MONEY..."our businesses are hurting because people are going to somewhere they can smoke."

Have you been out lately? Businesses I go to have a crowd. SMOKE FREE. Not only that, we are working to get the entire state smoke free so your lame little city rules will not even matter. Smokers, I have no problem with you smoking all you want. I do not want to smoke with you. It is not about your "right" to smoke. It is about you causing me to have a heart attack or lung cancer because I go somewhere where you blow your crap all over me.

Poor city council, they didn't have enough nonsense so they have come with with another controversy, as if it was not debated the first time. I have been a city councilman. I know what your dealing with. I personally most of you wouldn't make a pimple on a good councilman's butt.

Gary Hammon Is the Only Councilman we have , the rest and the mayor are the ones that stink , they are all pulling for what their best friends want , not the good of decatur as a whole , there is a big picture to consider , not what a few whiners want next door to you , most of the things the other councilmen have done have destroyed about 70-80% of the quality of life in even my neighborhood, they shoved the former mayors buddies rules they wanted down all the businesses throats without a thought for any of them , they have scattered section 8 problem housing people all over decatur , which in turn scattered crime all over , they were Isolated to a few distinct areas , but we made sure we tore those down , without a thought where they would move all the problems associated with it as long as they got rid of them in their district they did,nt give a rats a - - about anyone else they should all be voted out except Gary , he tries to help the city as a whole the rest just wanna help their buddies and friends .

Stop and look at what they have done to your town all around you , open your eyes the WHOLE town is Decatur , not just little RICH Cliche areas , everybody deserves quality of life and crime free areas to live , but several of the members have made sure they scattered the problems all over town , Smoking laws are just that and should be voted on by the town as a whole not the council dictators IE LARRY , CURLY and MOE Gary has the community as a whole always on his mind , So did Ray Metzger , but they run him off pretty quick , because you have an Elite (they think) few that try to control and run everything in this town.

Democracy is about a whole and what the majority wants not what so moron dreams up they think is good for you , LET THE PEOPLE VOTE , then what is voted in is fair and just FOR ALL , not the few pulling strings

I am not a smoker but i see no reason why smokers can't wait until AFTER they eat and leave to smoke...but I do agree that smoking should be allowed in clubs because it goes along with partying and drinking, and i don't go to clubs either. but agree with most people you have corrected the problem, let it be...you should be more worried about our Mayor and the payoffs he pays out and hides stuff under the rug.....

Decatur needs to grow, and NO ONE has said anything about letting the resturaunts you go and sit down to eat at allow smoking if you would read as to what huntsville's ordinance is, if it is an estasblishment that allows anyone under the age of 19 they cannot allow smoking, if they go by Huntsville's ordinance then what is the big deal?

Why is everyone so worried about smoking? The city should be more concerned about a healthcare facility that is still in dire straits. We have a failing hospital with politics so bad that they are making no efforts to better themselves or make recruitment for new physicians for our city. Who whats to come to a city that has nothing to offer other than criticism over smoking?

There was an AP article out last week from the CDC with facts regarding smoking and second hand smoke, some of which Randy stated in his comment. I find it interesting that the Decatur Daily didn't print the article. It was very interesting and opened my eyes a little more about the risks of second hand smoke. I have always hated the smell, the way my eyes burn, etc. not to mention feared for the damage it may do to my children's lungs when breathing the second hand smoke from others. This study spoke of the damage the second hand smoke does to blood vessels and the heart. Why anyone would think that allowing smoking in any public place is OK is beyond me. I have the right to non-cigarette smoke polluted air. I think if people want to smoke, do it in your own home or in your car. There is nothing worse than walking in a store with someone smoking right outside the door, forcing me to walk right through their smoke. If people want to ruin their health and the health of their immediate family, let them do it, but don't force it on me and my family.

Robert are you just a few yrs over 21? because this law ( if hammon wants to do like huntsvile) would only affect the bars, there has always been smoking in clubs and bars and if you hate the smoke that much then you would have never been going in the first place.. I agree it should not be in resturaunts, stores public service buildings, but bars and clubs it has really hurt their business.

Smoking is a choice. When you choose to smoke you are making a decision to engage in something that is addictive and can be deadly. Smoking leads to numerous health problems - not just cancer. Unfortunatley, when someone smokes they are not the only ones who suffer. For those who smoke around others, they are forced to breathe second-hand smoke. There are many individuals who have respiratory illnesses, miagraines, etc. who cannot tolerate the smoke. If you are a smoker and you want to smoke with your meal - go outside. There are eating establishments where I would not go before the ban simply because of the smoke. Making changes to the ban would be a mistake.

America is about Freedom of Choice. We are loosing all our freedoms, one by one. I'm a nonsmoker and if there is an area in a restaurant that is separate from smokers let the owners of the business, the ones who pay their mortgages decide. We have and Decatur knows this, lost a lot of taxes these last two years and well as few businesses due to this bad.

The smoking ban is hurting decatur, people will go where they can be comfortable and at ease for their pleasures and smoking is 1 of them, repel the ban and let businesses decide if they want to allow smoking. we are democratic not dictated to.

Here it is again, big brother watching out for you because you are not responsible enough to make your own decisions so you need mommy to tell you how toact. As for all the citizens who cry and whine about second hand smoke in eatery's and bars boo hoo just dont go in places that offend you. Who left you you in the role of god to mandate your will upon the masses that want to exercise their own will to smoke. Be it in the name of good health or civic pride or whatever it is the same mindset from the nazi regime of the 30's from the last century. Get control of the power and you can control the masses. The ideals and agendas of a few can be forced on all regardless of anyones will or freedom. If you really want to make an impact on the quality of life in this utopian enviroment then ban all evils and denounce the dollars that you collect from the taxes on all things that cannot be found in some bible thumping holy rollers home. I think not, for it is the dollar and the power that you hunger for. You care care not for the rights of individuals, only that you get what you want. You hide from the real truth and hold yourself in such high regard and foster the ideals and commitments that this warped city government omposes on citizens and attack the individual that tries to find a working solution that will bring about some co existance between the smokers and the heavy willed idealist that want to dictate how every one should live.

JOHNSON, Yes I am a little over 21, not that it has anything to do with the matter at hand. And if you had read what Hammon wants to do, you would know that he is not talking only about bars, he is talking about restaurants in Decatur, also.

From Tommy's statements above, "You care care not for the rights of individuals, only that you get what you want. You hide from the real truth and hold yourself in such high regard and foster the ideals and commitments that this warped city government omposes on citizens and attack the individual that tries to find a working solution that will bring about some co existance between the smokers and the heavy willed idealist that want to dictate how every one should live." What is all this crap? Hammon is a smoker. You think he is not looking out for himself?

If someone wants to smoke and damage their own body, let tham, just don't do it in public places where everyone else is forced to smoke that person's cigarette. If smoking is to be allowed, do it bars and nightclubs only. The people that frequent those places typically don't mind the smoking. Chew, dip, snuff, whatever. It doesn't damage the bodies of those around you.

You people traveling to Huntsville to smoke in a restaurant is cheaper than my dad on oxygen going to a restaurant that is smoke free.

Hammond is petty and small. He is not concerned about the health of anyone in Decatur. He is only conerned about his own ego. I'm sure his two amigos will support him. Decatur loses again.

The city councilman have again showed the are a joke and the laughing stock of north alabama.

I have a question for everyone that posts on here, and let me start by saying I DONT have a problem either way with a smoking ban or allowing smoking, I will abide by any law made, ok on to my question.... Say Decatur stays with the current smoking ban are all you people against smoking in public saying I have a right to a healthy lifestyle out in the public going to now start in the band wagon to stop ALL business from serving alcohol in public? I mean if you deserve not to inhale or be around someone that smokes why in the world would you want business's to serve alcohol to people when they could get our and drive, that is risking your life is it not?

Uh, Johnson, catch up - drinking and driving is illegal. Open containers of alcohol in a vehicle is illegal. The person doesn't actually have to be drinking the alcohol, just having the open container is illegal. Duh?

Johsnon, as JR wrote, drinking and driving is illegal. Do people do it? YES! But for the most part, people are responsible and don't drink and drive. The point is, if someone drinks alcohol, it is their own liver that is processing the alcohol. If someone is smoking, everyone around that person is forced to smoke with them. Understand?

Kudos to the Brick!

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