Plans to make Columbus a smoke-free city make some businesses nervous

Smoking is allowed at Columbus bars and restaurants where access is denied to customers and employees under the age of 18, according to state law.

It’s also allowed in enclosed rooms at bars and restaurants where a separate air handling system exhausts the air directly outside by a fan of sufficient size.

But that could all change under a new local ordinance being drafted by city attorneys at the request of some Columbus councilors. The issue emerged at a Jan. 31 Columbus Council work session, where a local group called the Breathe Easy Columbus Coalition asked councilors to make Columbus a smoke-free city. They even provided a model ordinance used by other municipalities.

“Our primary mission is to work with our community as we move toward a smoke-free environment — particularly at work sites and public places,” said Perry Alexander, co-chair of the organization.

Columbus Chamber of Commerce President Brian Anderson and downtown business owner Buddy Nelms were among those who spoke in favor of such an ordinance. In a video, featuring The Loft, one of Nelms’ businesses, employees talked about how a smoke-free workplace created a healthier environment and better quality of life for the people who work there.

Nelms told council that he decided to make his business smoke-free after a customer told him he would never come back because of the smoke. He said sales slumped when he first started the ban, but soon turned around.

“What we found is we had a resurgence and it grew bigger and better,” Nelms said of his business. “... The smoker is not the enemy. They’re really good human beings and a lot are my good friends. It’s the smoke that’s the problem.”

Mayor Pro-Tem Evelyn Turner Pugh and Councilors Judy Thomas, Bruce Huff and Evelyn “Mimi” Woodson asked Clifton Fay, the city’s attorney, to draft a proposed ordinance.

But some business people say the situation is just making them nervous.

Travis Bryan, general manager of the 18th Amendment Cigar Shop, said a smoking ban would have a devastating impact on bars and restaurants who serve the smoking public.

“In here, it’s enclosed, it has a ventilation system, and people know what it is,” he said of the smoking bar at 1026 Broadway. “It’s not like we’re outside, throwing people into the bar. They have a choice to come in here or not, and they know what it is when they come in here.

“There comes a point when we have to stop holding everybody’s hand and forcing choices upon each other,” he added. “If you decide you want to smoke and drink and all that kind of stuff, it’s your choice. The land of the free. It’s that type of deal.”

Also concerned about the possible smoking ban are Uptown Columbus board members, who discussed the matter at a Thursday board meeting.

Reynolds Bickerstaff, the organization’s board chairman, said they decided to delay taking a formal position until Columbus Council presents a proposed ordinance. Yet, he didn’t think Uptown Columbus would support a total ban of smoking at restaurants and bars in the city.

“Making Columbus a smoke-free city is not something Uptown Columbus Inc. would support,” he said. “... We have a thriving community in uptown that has a very diverse space and we wouldn’t want to do anything to discourage folks from visiting uptown and supporting businesses that cater to their needs and their specific interests. And no issues have been brought to our attention that indicates that this needs to be addressed.”

Eric Baird is a bouncer at The Hooch at 1039 Broadway. He believes some bars would lose business to Phenix City if such a ban is imposed.

“When you want to eat some food or whatever, it’s nice to be able to go in and have a place not to smoke,” he said. “And when you want to have a drink, sometimes it brings on the tendency to want to have a cigarette, and you don’t want to leave all your friends to separate them from it.”

Lucy Sheftall, assistant city attorney, said restaurants and bars are currently under the state’s Smoke-free Air Act, which bans smoking in public places with some exceptions. She said the law allows local governments to implement even stricter regulation.

“So essentially what was being requested in council that day was that we look at preparing a more restrictive ordinance than the state law,” she said.

The model ordinance provided by Breathe Easy Columbus prohibits smoking in all enclosed public places within the county. Public places are considered areas “to which the public is invited or in which the pubic is permitted,” including bars and restaurants.

It also prohibits smoking in enclosed areas of employment without exception, all private clubs, and outdoor public places within reasonable distances of operable windows, and ventilation systems of enclosed areas where smoking is prohibited. Smoking would also be banned at all outdoor property that is adjacent to buildings owned, leased or controlled by the city.

“Smoking shall be prohibited in all outdoor places of employment where two or more employees are required to be in the course of their employment,” the model ordinance says. “This includes, without limitation, work areas, construction sites, temporary offices such as trailers, restroom facilities , and vehicles.”

At the Jan. 31 work session, members of the Breathe Easy Columbus Coalition pointed out the dangers of secondhand smoke.

Nicole Leth, the organization’s work site coordinator, said secondhand smoke contains 4,000 different substances,which can contribute to, or exacerbate, severe health problems such as cancer, emphysema, heart disease, sudden infant death syndrome, asthma and dementia.

Leth, a public health professional, said Muscogee County has higher rates of chronic diseases than national and state averages. “Secondhand smoke is contributing to these illnesses,” she said. “... Our county is suffering.”

She said the group has been holding smoke-free nights at various restaurants. It also conducted a survey that found that 75.6 percent of people in the community think smoking should never be allowed in workplaces and 79 percent think smoking should never be allowed in restaurants.

At a recent council meeting, Thomas brought up the possible smoking ban during a liquor license violation hearing. Speaking to Saad Ahmed, of the Crowne Hookah Restaurant and Lounge on Broadway, she said several councilors had asked the city attorney to draft the ordinance.

“I don’t know exactly what form that would take,” she said. “But I just feel compelled to let you know that’s in the works and I don’t know that it will be the consensus of this council to grandfather businesses in.”

She said council would seek input from Ahmed and other business owners to “try to do what is appropriate, not only for our business community, but for the citizens of Columbus in a smoke-free environment.”

Ahmed, whose father is a local oncologist, said he understood the health concerns.

“At the same time, yes, it would affect me and I would definitely be happy to put my input in helping you guys come to a decision,” he said.

Sheftall said city officials will probably meet with stakeholders affected by the ordinance before it’s developed. Once drafted, it would go before council for a first reading and public hearing.

“Councilors at that point can request an amendment or it can come as drafted for a second reading,” she said. “Nothing is going to come up on it this coming Tuesday at council, but as things are ready it will come along.”

This story was originally published February 23, 2017 at 8:24 PM with the headline "Plans to make Columbus a smoke-free city make some businesses nervous."