Smoke-free ordinance under fire by bar owners

Published 5:50 pm Tuesday, May 17, 2016

 

Port Arthur City Council members were asked Tuesday to consider the plight of bar owners who complained the city’s new smoke free ordinance was snuffing out their business.

At the same time, another group of speakers urged Council to hold fast to their previous decision to ban smoking in all Port Arthur buildings and to consider the greater good for the entire city.

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Ten people spoke at Tuesday’s Council meeting, both for and against the new ordinance.

“Our responsibility is to do what is for the greater good and for 50 years from now,” Tiffany Hamilton, District 2 Councilwoman, said.

Jeff Childs, owner of the Capri Club on Ninth Avenue, said his business had fallen off by about 60 percent since the smoking ban went into effect May 9.

The Capri Club operates as a private club, requiring patrons to pay a $3 fee to come in and drink.

Childs said those who choose to join the club do so with the knowledge the majority — about 65 percent — of members are smokers.

“Whether is healthy or not, its part of the bar industry,” Childs said.

Dan Hardin, owner of The Place in Port Acres said he was against the ban, which was in part adopted to protect workers from second-hand smoke.

“I know many people who refuse to work in a refinery because it is cancer causing and dangerous,” Hardin said.

Linda Richardson, who managers a bar on Gulfway Drive said about 95 percent of the bar’s patrons are smokers.

“People like to gather and smoke and drink and socialize and I fear this ordinance will put me out of business,” Richardson said.

Betty Nectoux, manager of the Silver Spur on Gulfway said the bar has been open for 25 years, and is a private club, not open to the general public.

“Since we are not public it would seem our membership should be able to decide,” Nectoux said.

Bar representatives complained they did not have enough time, or were not aware, that Council was considering the smoking ordinance before it was passed unanimously on April 5.

Hamilton said every effort had been made to let Port Arthur residents know the city would be considering a smoke free ordinance, from Facebook postings to legal notices of public hearings.

Childs said he was concerned about the safety of Capri Club patrons who are forced by the new ordinance to stand out in the parking lot to smoke, especially since most patrons frequent bars during nighttime hours when it is dark.

There is also a danger the bar patrons would be subject to a public intoxication charge if they were forced to go outside the confines of the bar to smoke.

Childs said since Beaumont adopted its smoking ordinance, amendments had been adopted to allow smoking in private clubs.

If the ordinance is not amended, bar patrons will take their business to bars where they can smoke, such as Luke’s Ice House in Nederland, Childs said.

Since the ordinance was adopted, Hamilton said numerous business owners who expressed gratitude that Council had taken the step to make Port Arthur smoke free had contacted her.

Hamilton said the city’s ordinance was 100 percent comprehensive to avoid inequality in the ordinance.

While the bar owners and managers were opposed to the new ordinance, others were in favor of it.

Kim DeJohn said 16 years ago his son Gilbert was diagnosed with leukemia — a disease that eventually claimed his life, but not before doctors warned of the health dangers associated with second hand smoke.

“One of the first things when we went to Texas Children’s Hospital the doctor’s asked was who smoked in our family,” DeJohn said. “The doctor said Gilbert cannot be around second hand smoke.”

Cigarettes contain about 7,000 chemicals, he said.

DeJohn said he had a bigger right to go into a bar and drink without breathing second-hand smoke than smokers have the right to foul the air with carcinogenics.

“If my son were here today, he would be about 30 and should have the right to go into a bar without smoke,” DeJohn said.

He implored Council members to not change their vote and to remember years ago when they dedicated a day to his son.

“To Willie “Bae” Lewis, your comments you made after we passed this were excellent and I would hate to see you waiver, or any of you (Council members) waiver,” DeJohn said. “I have a problem when someone voted for it and the say I will bring it up later. It makes me to know people vote for something then say ‘I change my mind’”

District 3 Councilman Morris Albright III said voted for the ordinance because he wanted to fight it later, but did not think the votes were here right now to make a change.

Smoke-free proponent Lori Kleypas was born and raised in Port Arthur, and moved away for several years before moving back to her home to take care of her mother.

When the smoke free order passed, she was proud of Port Arthur.

“I felt like Port Arthur had done something good for itself,” she said. “We are o on the leading edge — one of only 50 cities. Port Arthur stood up for itself. My thought is why would you want to back down on that.”

Clay Roy said he was in favor of the 100 percent smoke free ordinance.

His son Chris Bates, he said, is chairman of the coalition that organized the smoke-free drive.

“In 2009 I stopped smoking so I do understand both sides. It was a choice with me to choose to smoke and that was a bad choice. All of us have to live in this city and be concerned about others’ way of life,” Roy said

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