BY ADAM WALLWORTH Northwest Arkansas Times
Posted on Friday, September 19, 2003
Fayetteville residents will soon have the opportunity to sign a petition that would force a referendum on whether to repeal the smoking ban recently approved by the City Council, the manager of the effort to repeal the ordinance said Thursday.
Dan Allen, of GMS Group Inc., said the Committee for a Free Choice Fayetteville will hold a voter registration and petition signing rally from 2 to 5 p.m. Saturday in the parking lot of Cool Water Village Cafe at 2223 N. College Ave. "We don't want the Smoke Free coalition to think we're going away," Allen said. "We're not. We're doing pretty good.... We have a number of people taking petitions around. It's much past a bar and restaurant issue." Earlier this month, the council approved the ordinance, which will ban smoking in all places of business beginning Feb. 1 except in stand-alone bars and tobacco stores. Opponents of the ordinance have until October 3 to gather 2,932 signatures of registered Fayetteville voters, which must be verified by City Clerk Sondra Smith. "We're not promoting smoking. It's not a smoking issue... to us. But it is to them," Allen said. "We were appalled and shocked when the council passed this. There's only one thing to do. Take it to a referendum."
Allen said he expects the group to gather about twice as many signatures as required. He said the group is taking measures to ensure the petitions are only signed by registered voters. "We're doing our best to make the city clerk's job easier," Allen said. "We're being very clear about that, but there might be people who are not registered."
Rick Schweik, a member of the Committee for a Free Choice Fayetteville and owner of Cool Water, said the group had so far collected an estimated 1,200 signatures. He said that the rally will give the organization an opportunity to compile the various petitions and produce a more accurate number of signatures.
The event will be cosponsored by KBRS 104.9 FM and Frank Whalen, host of the station's morning show, will be present, Schweik said.
Schweik said at issue are the "rights of the private businesses to conduct business in a legal manner as well as the right of private citizens to do what's allowed."
Enforcement of the ban is also a problem, Schweik said. "They're depending on McCarthy-type tactics," he said. "They expect fellow citizens to turn in [violators]."
Schweik also expressed frustration about the actions of Mayor Dan Coody and some of the Aldermen. "Coody [at the council meeting] said he didn't want to look like big bad government taking rights away, and then turned around and did it," Schweik said. "It's an indication of where those minds are."
Schweik said that Ward 1 Alderwoman Brenda Thiel, who voted for the passage of the ordinance, signed the petition for a referendum. "It's very odd," he said. "It's obvious she's trying to save political face. It's not working."
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