INDIANAPOLIS -
Mayor Greg Ballard (R-Indianapolis) has vetoed a proposal that would have extended the city's smoking ban to bars, bowling alleys, hotel rooms and private clubs, but smoke-free advocates say the issue is far from dead.
The proposal passed the Democratic-controlled City-County Council two weeks ago with help from Republicans on a 19-9 vote. The mayor promised to veto it because he objected to the inclusion of private clubs, notably VFW and American Legion posts.
Following the veto, mayor said in a statement, "I believe private and fraternal clubs, by the nature of their organizations, should be allowed to pursue their own policies with regard to mandating a smoking or non-smoking environment. If the Council would pass a smoking ban covering the areas where we agree, such as bars, bowling alleys, hotel rooms and restaurants, I would sign it the moment it hit my desk."
The proposal required private clubs wanting to retain smoking to have members vote on it. If they chose to allow smoking, they would have had to prohibit children from being inside their facilities.
"If the council would pass such a ban, in the areas where we all agree, then he would sign it the minute it hits his desk," said Marc Lotter, the mayor's spokesman.
But the mayor would not give in on private clubs.
"Under what the mayor is proposing, if the council would pass it, we would go from 360 smoking establishments in the city to under 60. That's a pretty big step," Lotter said.
"The private clubs have the opportunity to decide if they want to be smoke-free or not, so the ball is really in their court," said City-County Council President Maggie Lewis, a Democrat.
Patrons of the Ernie Pyle VFW Post voiced support for the mayor's decision.
"I think he's right to start with, there's too much government control over us. Over everybody," said Albert Kelly.
"I think it was a good choice," said Barbara Agee, noting the effect the ban would have on business at the post. "It would probably really hurt it. Three-fourths of the folks that come in here smoke."
Keeping minors out of a smoking facility, under the proposed ban, would have cut into revenues for parties and receptions.
Lindsay Grace represents the Smoke Free Indy coalition.
"I think an override is slim to none," she said.
Not only would the council need 20 votes to do so but at least two Republican backers would not support an override.
Grace said she's hoping the council and mayor can "still move forward and hash it out."
She said if getting a more comprehensive ban passed meant having to exempt private clubs, as the mayor has suggested, "we'd be okay with that. It's not something the public supports, putting children in smoking environments and we'd prefer not to do that, but if that's the only way, we'd go there."
But others who have fought a tougher ban for years are now saying it should be all or nothing.
Brad Klopfenstein, heads a group known as the Tavern League of Indiana.
"If we further the smoking ban, we should make it all smoke-free, but to have exemptions, suddenly you're going to be favoring private clubs which are tax-free at the expense of small mom and pops," he said.
A check of the 38 states with smoking bans found 14 of them don't allow smoking at private clubs. In fact, a smoking ban before Indiana lawmakers would prohibit smoking in all clubs as well, and a state law would trump anything the city decides.
Many bar owners are tired of the debate. They see a tougher ban as inevitable. The Front Page on Mass Avenue and several other bars went smoke-free just before the Super Bowl, which was news to some customers.
Kate Marshall came to the Front Page hoping for the usual - lunch and a smoke.
"It's cold outside. It's like you come to the bar for lunch so you can smoke a cigarette. Maybe you have lunch, smoke and spend more time here, but probably not now," she said.
Bartender Michele Harris said she and most of her colleagues welcomed the new rule.
"You can breathe easier and you don't leave smelling like smoke. It's kind of nice," said Harris.
After 125 years in business, The Old Pointe Tavern put up signs notifying customers it's going smoke-free Monday, Feb. 13th.
Lee Campbell, who sat at the bar for lunch and a smoke, said he was indifferent.
"There are plenty of places to go and eat and smoke so it won't hurt me," Campbell said.
As for the council, proponents of a tougher ban could introduce a proposal that mayor has agreed to support at their meeting Monday night.
Asked about the odds of that happening, Lewis said, "There is interest in trying to do something different. I just don't know at this point how much support we have for that."
Lewis said the council "could override the veto with 20 votes, but I'm not sure we have the votes."
See the letter from Mayor Ballard to the Clerk of the City-County Council expressing the veto.
