BY SARAH TERRY Northwest Arkansas Times
Posted on Wednesday, September 3, 2003
The Fayetteville City Council became the first governing body in the state of Arkansas to ban smoking in public places, including restaurants, when it approved the hotly contested ordinance late Tuesday night.
The council ended months of debate by approving the measure with a 5-3 vote at 11 p.m. after nearly five hours of discussion. Ward 3 Aldermen Robert Rhoads and Bob Davis and Ward 1 Alderman Robert "Swifty" Reynolds voted against the measure.
The ban, which is scheduled to take effect Feb. 1, prohibits smoking in most public places except bars and retail tobacco stores.
Members of Free Choice Fayetteville, who organized in opposition to the ban, have 31 days to collect about 3,000 signatures — 15 percent of the number of citizens who voted in the last general election in 2000 — to send the issue to a vote of the people.
Fayetteville City Clerk Sondra Smith will be required to determine that the signatures are citizens who are registered voters in Fayetteville, and then a vote will be scheduled within 60 to 90 days. City Attorney Kit Williams said Tuesday that an election would likely take place in December or January.
During Tuesday's meeting, the council also voted on seven additional amendments that were proposed at the meeting, despite an Aug. 25 Ordinance Review Committee that was scheduled to introduce any last-minute changes. Six of the amendments failed. The remaining amendment took away the ability of code compliance officers to enforce the ban.
The council then launched into a discussion about whether the ordinance should be sent to a referendum.
Ward 4 Alderman Lioneld Jordan said making tough decisions is what council members were elected to do. "The easy thing for me to do tonight — the simplest thing and politically smartest thing for me to do — is vote for the referendum," he said. "The only thing that would keep me from doing that is me. I ran on the platform that said I would be responsive and be responsible. My job is to be a leader in this city. I was elected to make tough decisions. I know how uncomfortable they are for me. I will cowboy up here tonight and do what I was elected to do."
Although she agreed with Jordan, Ward 1 Alderwoman Brenda Thiel said the issue will likely be decided at the polls either way. "My question would be, why vote on this because ultimately it is going to a vote," she said. "It will prolong the date. I also believe people will be able to accept a public vote far more than a decision of nine people on this council."
Mayor Dan Coody devoted several minutes to voicing his support for a referendum. "I'm strongly supportive of this ordinance," he said. "We shouldn't base our economy on a habit people have that is bad for everyone's health. For too long, fairness has swung for the 25 percent who smoke. I think it's better in the long-term [for] Fayetteville if we pass this off to the voters."
However, when a vote to send the issue to a referendum ended with a tie, Coody opted not to break the tie with his vote. Reynolds, Thiel, Rhoads and Davis all supported sending the issue to a referendum.
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