City councilors decided Wednesday to uphold an exemption in the city’s smoking ban that allows tobacco use in bars that are building outdoor smoking areas.
Most Eugene bars were required to go smoke-free July 1, but 31 bars received six-month reprieves to build outdoor smoking areas. The council revisited the law after a bar manager said at a recent council session that his newly smoke-free business was losing customers to establishments that still allow smoking.
The council voted unanimously at Wednesday’s noon meeting to charge the city manager’s office with making sure those 31 bars are actually building and not just ducking the ban.
“It’s very important to be fair to the businesses that are doing the right thing,” Councilor David Kelly said.
Though Councilor Betty Taylor briefly discussed changing the ordinance, most councilors chose not to alter the law.
“I don’t want to be in the business of amending the ordinance,” Councilor Nancy Nathanson said. “That changes the rules, injects uncertainty and takes a lot of time.”
Tom Fieland — the manager of the Good Times Cafe & Bar, Wetlands Brew Pub & Sports Bar and Highland’s Brew Pub — told the council July 9 he was losing business to bars holding exemptions.
After Wednesday’s meeting, Fieland said the outcome wasn’t ideal but was an improvement.
“Certainly, I’d like to see a totally leveled playing field, but at least they’re taking action,” he said. “We’re going to have to wait and see what the administrative rule is.”
At the request of the council, the city manager’s office decided July 11 to review the 31 bars holding exemptions. So far, the office has examined 15 of the bars and concluded that all but one plan to build legitimate smoking areas.
“Most of them were pretty clearly new seating areas,” said Jan Bohman, the Eugene senior analyst overseeing the project.
The only bar in question is the Wild Duck Brewery, which received an extension to build an awning over an existing smoking area, she said.
Bohman said her office should complete the reviews by the end of the week.
Councilor Pat Farr, who was the lone vote against the ordinance when it passed Nov. 13, reiterated his fear that the smoking ban could drive smokers away from Eugene to bars in Springfield and surrounding areas. He said he’d prefer to leave smoking laws up to the county and the state.
“I’m glad to see other councilors are acquiescing that we created an unbalanced playing field, an unfair business environment,” he said.