City commission studies other cities' smoking ordinances

Don't look anytime soon for the Fort Scott City Commission to consider an ordinance banning smoking in businesses and public places.

Commissioners are reviewing ordinances enacted in 16 other cities in Kansas. Information from that study is expected to provide them with a foundation of facts upon which to decide whether a similar ordinance is a right fit in Fort Scott.

Joy O'Neal, a volunteer with the Cancer Action Network, forwarded an e-mail to City Manager Richard Nienstedt that contained information on a recent ruling by the Kansas Supreme Court that upheld the constitutionality of a non-smoking ordinance enacted by Lawrence in 2004. Included in the message was a proposition to consider a similar ordinance for Fort Scott.

"I asked the city that an ordinance could be something to consider for Fort Scott," O'Neal said.

Nienstedt gathered information on Lawrence's ordinance and placed the issue on the agenda at the July 3 commission meeting. He said in a memo to commissioners that the city had numerous other requests from residents to enact an ordinance similar to Lawrence's.

Mayor Dick Hedges said the commission is reviewing the numerous ordinances compiled by city staff and will take the issue under advisement.

Meanwhile, how do commissioners feel about the issue?

"You're seeing a trend," Hedges said. Many restaurants in Fort Scott have banned smoking. I think it (cigarette smoke) seems to offend more people than it used to. Maybe there's a higher awareness."

Hedges' mother smoked and died of lung cancer. His brother smokes. Hedges, however, doesn't smoke.

"You could go anywhere you want on this," he added. "I think most people would say it's a free country. If it infringes on what I think are my personal rights, then I won't be for it. If it's a health issue, so be it."

Commissioner Jim Adams said businesses should decide whether to allow or ban smoking, not the government.

"Personally, I'm not a smoker," he said. "Personally, I don't like smoke and generally don't go places where there is a lot of smoke. I think it is a business owner's option. If they want to allow smoking in their business, that's their option."

However, Adams said, he sees both sides of the issue. He talks to many people who tell him that they love going into restaurants in which there is no smoking, because they don't have to put up with second-hand smoke.

More and more cities in Kansas have enacted ordinances banning smoking in public places and businesses. However, of major cities in Southeast Kansas, only Parsons has enacted a no smoking ordinance.

The wording in many of the documents cites second-hand smoke as a health hazard. Lawrence's ordinance says numerous studies have determined second-hand smoke to be a big source of air contaminants associated with lung cancer, asthma and emphysema.

A state affairs committee in the Kansas Legislature is expected this summer to discuss a proposed statewide smoking ban in public areas such as restaurants and bars, according to The Wichita Eagle.

City staff contacted 23 cities in Kansas, 16 of which have passed an ordinance. The 16 include: Abilene, Bel Aire, Derby, Fairway, Garden City, Hutchinson, Lawrence, Leawood, Lenexa, Lyons, Mission, Overland Park, Parsons, Roeland Park, Topeka and Salina.

"I've watched many other cities and states deal with it, so it was pretty much inevitable that it would find its way in front of us in Fort Scott sooner than later," Commissioner Nick Graham said.

He echoed what Hedges said about reviewing the ordinances and seeing what was included and then going from there.

"We're very early in the process, though," Graham said.