Health board passes smoking ban

Bryan Marshall
Register News Writer

April 12, 2007 09:12 am

— Dr. Stuart Tobin, chair of the Madison County Board of Health, called it “in many ways, the health board’s proudest moment.”
The health board became the first of its kind in the state Wednesday night to pass a clean indoor air regulation designed to protect public health by prohibiting smoking in public places and places of employment.
The regulation, which is scheduled to go into effect in 60 days, will prohibit smoking in bars, restaurants, retail stores, sports arenas and convention halls, health-care facilities and other public places.
Places where smoking will not be regulated include: private residences, except when used as a child-care, adult day-care or health-care facility; no more than 25 percent of hotel or motel rooms rented to guests; outdoor areas of places of employment and retail tobacco stores.
“I think this action has probably saved more lives in Madison County than any physician could ever hope to on his or her own,” said board member Dr. John Johnstone. “I think we’ve made a tremendous step forward.”
After approving a first reading in December, the ban was put on hold in February as the board made several amendments to the regulation during its February meeting taking into account comments made during a public forum.
The second and final reading of the regulation Wednesday came with considerably less fanfare than earlier meetings with a discussion and a vote on the issue lasting less than 10 minutes.
“I’m of the opinion that this health board should not be passing this regulation nor do we have the right to pass this regulation,” board member Michael Oliver said to open the discussion.
“The (state attorney) has determined a legal opinion that the board has the authority under (state law) to enact this regulation,” Jim Rousey, public health director of the Madison County Health Department, said in response. “So, that question (of legality) has been settled.”
After the brief comments, the members voted 10-1 to pass the regulation with Oliver casting the only dissenting vote.
The health department and the board of health have been dealing with the issue of secondhand smoke for several years.
In October 2003, the board adopted a resolution giving support to local governments and businesses to address the issue, and a media campaign followed.
A series of public forums on the topic also were organized and the department enlisted several Berea College students to conduct a random telephone survey to gauge the community’s thoughts about possible smoking restrictions.
In July 2006, the health department released results of local air-quality readings taken by researchers at the University of Kentucky in September 2005 that were compared with readings taken in similar establishments in other cities where laws or ordinances require them to be smoke-free, including New York and Bloomington, Ind.
After the board passed the first reading of the regulation, about 200 people turned out in mid-January to debate the ban with more than 35 people — evenly split between proponents and opponents of the regulation expressing their opinions during a 90-minute forum at Eastern Kentucky University’s Perkins Building.
With the passage of the regulation, Tobin acknowledged all the people, from health department employees to the community, who have participated in the lengthy process.
“I want to thank everyone on the board who worked so hard and had to take and absorb all sorts of positive, negative and controversial information and speak their conscience,” he said. “I want to thank those who supported (the regulation.) I want to thank anyone who opposed it for having the freedom to come out and speak their mind and know that we want to listen and hear what people have to say.”
As of the beginning of January, 13 communities — Ashland, Elizabethtown, Frankfort, Georgetown, Henderson, Lexington, Louisville, Morehead, Paducah, Paintsville, Daviess County, Letcher County and Oldham County have passed smoking ordinances or regulations with about a dozen other cities statewide considering similar action.
Bryan Marshall can be reached at bmarshall@richmondregister.com or 624-6691.