Greater restrictions on smoking in public places, including businesses and private clubs, made it through the Macon City Council Public Safety Committee in a 4-1 vote Monday.
Committee Chairman Virgil Watkins asked if Councilwoman Nancy White, primary sponsor of the ordinance, wanted to speak. White said all sponsors were equal, but she went ahead to describe the legislation’s intent.
“What it does is basically close some of the loopholes that were left in the state smoking ordinance that was passed, I believe, in 2005,” she said.
The ordinance’s sponsors are now listed as White and Council members Lauren Benedict, Beverly Blake, Henry Ficklin, Rick Hutto, Elaine Lucas and Larry Schlesinger. Councilman Lonnie Miley said he’s signed on as well.
That total of eight co-sponsors indicates that the ordinance already has enough votes to pass the full council April 19.
While the state law already limits smoking in most businesses, the new ordinance would eliminate smoking in bars and nightclubs, any hotel rooms, health care facilities and almost every other indoor location except private houses.
It doesn’t ban smoking in vehicles or on streets and sidewalks, though it does prohibit smoking close to the entrances of streetside businesses. The ordinance would affect businesses within Macon’s city limits, not just downtown establishments.
The proposed ordinance now includes a few “tweaks” offered via e-mail by other council members, White said.
The changes specify that parking garages are not exempt, but nursing homes are, since the latter count as the “primary home” of elderly residents. The ordinance also says private clubs such as Rotary and Junior League are not exempt and that “premium” tobacco retailers -- cigar shops, but not liquor stores with small humidors or convenience stores that sell cigarettes -- should also be exempt, she said.
The proposal to incorporate those changes sent Council President Pro Tempore James Timley on a tirade.He accused those involved of violating state open meetings laws, since a majority of a council committee -- though not Public Safety -- were among those who swapped messages.
“What committee met to put this together?” he said. “I’m going to file ethics charges against anybody who met to discuss this.”
Timley’s diatribe also included a slam at the competence of Assistant City Attorney Beth Duncan.
“I need a city attorney,” he said, even though Duncan was in the room.
“You have got a city attorney,” she said.
Not satisfied, Timley said he wanted City Attorney Pope Langstaff -- who retired last week. Timley said he’d wait instead for Senior Assistant City Attorney Martha Welsh, just appointed as interim city attorney.
Welsh arrived but said she’d want extensive details on how the changes were circulated before giving an ethical opinion.
Hutto, who is not on the Public Safety Committee, and White said it was all done through individual e-mail exchanges and were suggestions for consideration. The e-mails were initiated by the attorney’s office, asking for any suggested changes, and other council members were merely copied on those replies, Hutto said.
The new version also includes Hutto’s suggestion to change the prohibition on smoking within 10 feet of restaurant and bar entrances to “a reasonable distance or 10 feet,” in order to give some flexibility to places with outdoor seating but not much sidewalk space -- though Watkins predicted arguments between business owners and police over what counts as “reasonable.”
If any enforcement problems do emerge, White said, the ordinance could be amended later.
Keith Moffett, the city’s internal affairs director, asked about enforcement: If a business owner or employee asks a smoker to stop smoking, and to leave if they don’t, and then calls police if the smoker still refuses to stop, does that relieve the business from responsibility?
White said that was correct. Any legal penalty would then fall solely on the smoker, she said.
Timley opposed each change, grumbling “Y’all don’t have a clue” at one point. Describing it as “this fiasco,” he said he disagreed with telling businesses how to operate and again accused the others of “evading the law” by suggesting changes through e-mail.
Timley cast the only vote against the ordinance as a whole.
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