The Eugene City Council passed two of the three tobacco-related ordinances Monday that will crack down on smoking in public establishments and on sales of tobacco products in Eugene.
“I’m ecstatic,” said Ray Hilts, a representative of Tobacco Free Lane County. “This is the type of ordinance we presented to our City Council and they did not act on the ordinance.”
Hilts was referring to a similar measure brought before the Albany city government.
Supporters and critics of the smoke-free policy sat for almost three hours before action came. Although a lengthy public hearing was held earlier this month, 25 people signed up to speak on the issue again prior to Monday’s vote.
The first ordinance, which tightens laws pertaining to tobacco sales passed unanimously, though council amended the ordinance parallel to OLCC guidelines which include a Responsible Vendor Program. The amendment will allow a “good faith attempt” by clerks and discretionary punishment for violations rather than mandatory penalties for selling tobacco products to minors.
This ordinance will require tobacco-selling establishments to obtain licenses and require vendor-assisted sale of all tobacco products.
The second ordinance dealing with smoking prohibitions in all business establishments with two or more employees drew more discussion before passing unanimously. Prior to a vote on the second ordinance, the council eliminated the document’s language which allowed separate smoking rooms in restaurants. Under the proposed Eugene ordinance, employees weren’t allowed in the smoking rooms, which directly violates OLCC regulations.
The third ordinance proved a stumbling block for the council and strong opinions resonated on all sides, including those from new Councilor Bonnie Bettman. This was the first vote Bettman took part in since taking over for former council president Bobby Lee. She now represents Ward 3, which encompasses the University and a portion of the downtown area.
Explicitly banning smoking in bars, taverns and bingo halls, the final ordinance met with more controversy than the prior two combined.
The debate thickened when Papé suggested the council postpone the motion until Nov. 13th to allow further consideration on part of the council. Among council members taking into account both business interests and the health considerations of non-smokers.
Councilor Pat Farr expressed the mixed feelings that appeared apparent among council members.
“I’m strongly against smoking period. Smoking killed my parents,” Farr, of Ward 6 said. “I don’t take it lightly. However, I have to take into consideration the effects on consumption and travel habits.”
Mayor Jim Torrey stepped in after Councilor Nancy Nathanson’s suggestion of putting the issue to voters.
“I don’t want to pass this on to the voters of Eugene first,” Torrey said. “I want the council to decide this issue.”
With an apparent mix of opinions, the council disputed whether to postpone the motion, resulting in a four- to-four tie. Torrey stepped in again, casting the tie-breaking vote in postponing the issue until Nov. 13th.
“I think it will give a couple of councilors who truly do want to give adults an opportunity to smoke in an adult-only facility the chance to work on a system that would limit exposure for the employees of the bar,” he said.
“At least one councilor was asking us to pass this onto the voters and I’m hoping that this council will make the decision. This is such a big issue.”
Sentiments among supporters and critics of the ordinances also ran high. Representatives of local businesses including Bingomania feel the postponement will allow them the time needed to accomplish their main goal — putting the issue before voters.
“It’s pretty emotional for me,” said Jackie Driscol, a Bingomania player and supporter. “We’re going to have enough signatures by [Nov. 13] to cause it to go to vote.”
Bingomania is part of the initiative movement to collect 7,000 votes over the next three weeks.
“We’re well on our way,” Driscol said.
But other representatives from the bar community continue to worry about the possibility of a total smoking ban.
“We’re very concerned in the eventuality that the third ordinance passes,” said Sarah Chylek, concessions co-manager at the WOW Hall in Eugene. “Most of our customers are regulars and many of our customers smoke. Our beer garden is located in the basement and we would have to devise a way to allow our customers easy access to go outside to smoke. On the other hand, we recognize that some of our customers would greatly value a non-smoking environment.”
Supporters of the ban felt the night was a success, despite the City Council’s postponement.
“I’m happy City Council made a wise decision,” Hilts said. “I feel they will pass a no-smoking ordinance. I think it will impact Albany because Eugene is one of the largest cities in Oregon. It will have a domino effect.”
Rennie’s Landing staff manager Dan Geyer said he agreed the issue was a complicated one.
“I can see why they would postpone it,” he said. “It would have been better if it was a Lane County issue.”
At the conclusion of the night, Torrey again had the final word.
“We’re taking a big step in doing this,” he said. “I think on Nov. 13th this council will make a decision and I don’t think that it will be a four-to-four tie.”
Though the mayor confirmed he was ready to vote in the situation of a tie during the Nov. 13th meeting, he felt his deciding decision would not be utilized.
“I don’t see four votes in opposition to this ordinance [in it’s entirety],” Torrey said. “I think there will be amendments that will be placed before the council [but] I believe this motion will pass unless there is a high quality amendment presented.”