Smoking Issue

Local News

January 25, 2012

New law draws heated reactions

by Heather Tomlinson Commonwealth Journal The Commonwealth Journal Wed Jan 25, 2012, 07:20 AM EST

Somerset — The vote has been handed down, bringing an end to the question of whether Somerset would ever be a smoke-free city.

And the community’s reactions to Somerset’s new smoking ban have been swift and passionate.

“I think it’s gone way beyond the time that Somerset should’ve passed an ordinance like this,” said Councilor Pat Bourne, Ward 10, during Monday’s meeting, during which Ordinance 12-02 was passed easily. “We’ve waited too long to do this, and I certainly support this ban that we’ve been presented with.”

A vote of 11-1 by Somerset City Councilors Monday to enact the ordinance, which will effectively ban smoking in all enclosed public places in the city limits, has ushered in a smoke-free Somerset.

Although several councilors expressed some hesitation in enacting the ordinance, the only councilor to vote against the ban was Jim Rutherford, Ward 1, who stated he’d been approached by several business owners concerned with further “government encroachment” into individual citizens’ lives.

Now, local businesses that have smoking sections have around three months to comply with the ban.

Somerset City Attorney Carrie Wiese said that local businesses have approximately 90 days to comply once the ordinance is officially published through local media outlets. After that, enforcement of the ban goes into effect.

According to Ordinance 12-02, a person found to be smoking in an area where smoking is prohibited will be fined $50. Business owners who fail to comply will be fined $100 for the first violation, $200 for a second violation within one year, and $500 for each additional violation within one year.

A vast majority of local businesses have chosen to go smoke-free in recent years, but several with smoking sections do remain, including Briar Bowl Lanes and some restaurants such as Waffle King, Cracker Barrel, King Buffet and Sonny’s Barbecue.

“We’ll lose some customers that like to smoke,” said Michael Lam, an employee with King Buffet. “Most of the people don’t like that smoking will be banned.”

When asked whether King Buffet will comply with the ban immediately, Lam said “we’re going to take a few days to get used to it.”

Within an hour of the results of the vote being posted online, 100 comments about the ban were posted to the CJ’s Facebook site, and by Tuesday afternoon, that number had grown to more than 350 comments.

As mentioned in an earlier CJ article, a majority of CJ Facebookers seemed to be of one camp or the other: Those who believed the ban was an infringement upon business owners’ and individuals’ rights, and those who felt a ban needed to be enacted due to public health concerns.

“I have not smoked for 12 years but I do believe this is taking away rights,” said CJ Facebook user Mark Brinson. “If a business wants to allow smoking then they should be able to and if you do not want to go to a place that has smoking you have the right to not go.

“I just don't like right being taken away,” Brinson continued. “As far as the vote I would like to know who voted against it so I can vote for them next election.”

Others who voiced their opposition to the ban stated that smoking has become politically correct target.

“It is easy to ban things the majority is opposed to,” said Jonathan Absher through the CJ Facebook site. “Doesn't mean it is right.”

The idea of the “slippery slope” — the theory that government officials make take further steps in banning things perceived to be unhealthy, or that bans on acts like smoking may someday extend into private vehicles and residences — were one reason why many took issue with Somerset’s smoking ban.

“Starts as a smoking ban and then goes to a sugar ban, then a fast food ban and so on!” said CJ Facebook user Jason Woodcock.

Those who came out in strong support of the ban — and as of Tuesday afternoon, there were 205 Facebook “likes” for the new ordinance — said the rights issue becomes moot when others’ rights are infringed upon.

“(I) don't think anyone's ‘rights’ are being violated,” stated Facebook user Krysta Nevels. “(T)hey are not telling you that you can't smoke, they are telling you that you can't smoke in public places.

(I) am a smoker and (I) feel that if anyone's ‘rights’ are being violated, it would be those of the non-smoker,” Nevels continued. “ ... just because (I) want to smoke and kill my lungs, doesn't mean that a non-smoker should have to be subjected to it.”

And others said smoking has been proven to be a health hazard — both to smokers and to those exposed to second-hand smoke.

“I grew up around second-hand smoke so don't tell me it does not affect health short or long term because it does. I am proof of it,” said CJ Facebook user Stephanie Massengale. “No one is saying you have to quit smoking just that the rest of us don't have to participate in it as well.”

Text Only

Local News

Local man airlifted after two-vehicle crash
May 25, 2012 1 Photo
Mopar Mania to highlight Cruise
May 25, 2012 1 Photo
‘Dry’ forces concerned about wet signs
May 25, 2012 1 Photo
Visitors rave about beauty of Lake Cumberland in May
May 24, 2012 1 Photo
Pulaski’s Memorial Day weekend to be packed
May 24, 2012 1 Photo
Locally-born Rotary leader Pigman dies at 78
May 24, 2012
Technology summit gets underway
May 24, 2012 1 Photo
Local Democrats diss Obama
May 23, 2012
Floyd edges incumbent in city council run-off
May 23, 2012
Pulaski carries Girdler to win

In the weeks leading up to Tuesday’s primary election, it was impossible to miss the colorful signs dotting nearly every Pulaski roadway. The names in the race for the 15th State Senatorial District seat popped out: A.C. Donahue. Chris Girdler. Mark Polston.

Once citizens hit the ballots, however, the results mirrored the dimensions of the signs themselves: Chris Girdler stood the tallest.

Girdler, deputy district director for Congressman Harold “Hal” Rogers, ran away with the votes inside Pulaski County’s borders, earning 3,926 votes for 62.05 percent of the total number cast.

That number more than doubled the next highest vote-getter, businessman Mark Polston, who raked in 1,624 votes for 25.67 percent.

However, Polston — who owns Classic Carpet, a home-flooring business located just off the southern 914 bypass — can claim a moral victory ... three of them, in fact. In all three counties in the district other than Pulaski — those being Adair, Casey, and Russell Counties — Polston actually edged out Girdler.

In Adair, Polston beat Girdler 629 to 394. In Casey County, it was 538 to 417, and in Russell, it was 1,862 to 1,038.

Polston said he just “couldn’t pull it out with the numbers” and that “the machine worked for” Girdler in Pulaski County.

“I think that was their strategy — I think they had a Pulaski County strategy all along,” said Polston. “They played the political game well.”

Polston said the difference between his and Girdler’s campaigns was that “mine was a very, very grass roots campaign,” he said. “I did not have a political machine behind me. I understand how this process works, and in this instance, he prevailed.”

As for why Girdler didn’t take three of four counties, the winning candidate — since there are no Democrats in the race, winning the Republican primary was effectively a final victory for Girdler — said he didn’t have an answer for that.

However, “I believe things happen for a reason and I hope the long and strenuous campaign will only heighten my desire to move beyond the bitterness and partisanship of the recent past,” said Girdler.

“Regionalism is a goal of mine, and I look forward to helping all four counties,” he added, noting that he campaigned heavily in each of them.

Sen. Vernie McGaha, the long-time state senator whose seat the candidates were vying for, actually supported Polston after Liberty’s Todd Hoskins dropped out of the race earlier this month.

Donahue, a local attorney, got 556 votes in Pulaski County, 8.79 percent of the vote. He only received 145 votes in Russell County, 74 in Adair County, and 75 in Casey County, where hometown candidate Hoskins almost matched him with 71 votes despite no longer being officially in the race.

Polston said he’s “still digesting” what happened, and though “the process has been a very good experience for me,” he wouldn’t commit to running again in the future. “I wouldn’t shut the door to anything, but I’m not opening any doors either.”

Still, “I think I got a lot of people involved in the process that had not been involved before and would not have been otherwise,” he said. “A lot of people got out and worked really hard, got motivated to talk to friends and neighbors. I think a lot of people became involved through this campaign that are going to be involved for a long time.”

Girdler stressed his “positive message” and said that Rogers is a “mentor and good friend” that he would turn to for advice in dealing with a frequently combative legislative body in Frankfort, one for which Girdler hopes to help change the culture.

Girdler said that he was “confident and optimistic” during the day Tuesday because he’d “worked extremely hard.” Nevertheless, the realization that he’d won gave him “chill bumps,” he said.

“I’m absolutely honored,” said Girdler. “The position of state senator is more than an honor, more than an office. It’s a charge to keep, and I will give it my all.

“I pledge to be the people’s state senator,” he added. “I look forward to working with everyone to move this region forward.”

May 22, 2012 1 Photo
More Local News Headlines

Local News

Search Results

Smoking Issue

New law draws heated reactions

Site Map