Petition circulates to repeal smoking ordinance

Tuesday, December 21, 2010

It’s been less than a month since Fulton’s smoking ban took effect, and some residents are looking for ways to repeal the controversial new law.

Deby Fitzpatrick, owner of B&N Accounting, in Fulton, is working with other local businesses to get the nearly 800 signatures needed to repeal the encompassing ban.

“What we have in the petition is a request to reverse (the ban) — not to amend it, but to get rid of it,” Fitzpatrick said. “It’s primarily because of the way that it’s written and also because it puts the business owners in the place of being policemen.”

Fitzpatrick’s accounting firm works with many of Fulton’s businesses.

“They can’t even sit on the deck at Post Office Bar and Grill and smoke,” she said. “Because you can’t be within 15 feet of a door entrance, air conditioning unit or anything that could bring the smoke in, there is one corner of the deck where you can smoke there. That’s why there’s a blue-tarped smoking booth out there.

“The law is just too constrictive — to confining.”

The 15-foot rule is a point of contention for Fitzpatrick who noted that 15 feet from a door in her business is the middle of 5th Street.

“You can’t even stand on a city sidewalk and smoke,” she said. “Normally that is considered a public right of way. We’re doing this because the ban not only takes away more rights than necessary, but business owners have to become the police. That’s just not fair to them.”

Fitzpatrick said if the city’s government had written and wanted the law, she and others would find it more acceptable, but the law was drawn up by an outside group.

So she worked to get the necessary paperwork together for her current petition, which is in local bars and restaurants that requested it as well as smoke shops in town.

“We want to see it repealed. They are wanting to do a smoking ban statewide,” she said. “All the states north of us have done it, and we don’t want it here. Part of the packet is for city-registered voters. There is a sheet for county and state-registered voters.”

Fitzpatrick also included a voter registration card in the packets for people who want to sign the petition, but haven’t registered to vote yet. She said many who own businesses in Fulton are not Fulton residents, so they were not included in the voting process.

Fitzpatrick has seen a lot of support for her efforts.

“There’s a lot of people all over the region chomping at the bits on this one,” she said. “A lot of people are up in arms. I don’t think it will be hard to get 800 signatures.”

Fulton Director of Administration Bill Johnson said the city has not received a lot of complaints about the ban, which took effect on the first Saturday of December. He said the primary complaint they have gotten is over the law’s wording regarding smoking in vehicles on company time.

“People think it’s a little strict,” he said.

Johnson was aware of Fitzpatrick’s attempt at a petition. He said that all signatures on the Fulton ballot must be from Fulton registered voters and any signatures from county residents living outside of Fulton would be thrown out.

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Who_Cares 2 years, 5 months ago

It really doesn's matter who wrote the ordinance as it was voted on by residents of the city and passed. I believe the people have spoken, and their will should be respected. It sounds to me that the same small vocal group of citizens that were against the ban to begin with are behind this initiative. If they are successful in their venture, I hope the citizens of our city are successful in defeating any initiative to repeal the smoking ordinance.

fultonian 2 years, 5 months ago

I don't think the supporters of the original ban really knew the impact the law would have. For example If you're the owner and sole employee at a business run out of your own home you can't even smoke there. Knowing more of the details of the ban I think people should be given a second chance to make an informed decision. After all you said yourself the will of the people should be respected. So if the people want to overturn the smoking ban then their will should be respected, and if the people still want smoking banned they can vote the repeal of the ordinance down.

Bucky 2 years, 5 months ago

Since the police have stated that they will only enforce the ordinance if someone makes a complaint, I guess you would have to turn yourself in if you are smoking in your own home business. Boy, I will bet that will make you mad at yourself. You probably won't talk to yourself for a week after doing that to yourself.

rock1853 2 years, 5 months ago

Where do I sign?! Tell me I can't smoke in my car on break? Tell me I can't even puff on an electric vaporizer with no second hand smoke? Tell me I have to keep walking down the sidewalk and not stop to look at a display? Bring on the repeal!

Bucky 2 years, 5 months ago

I hope the petition fails. We went to eat at the Mexican restaurant the other night and it was so nice not to have to smell the smoke rolling out of the smoking area. Awesome.

chad 2 years, 5 months ago

No one ever forced you to eat at places that allowed smoking. You could have chosen to not patronize those establishments, and voted with your wallet.

gzc721 2 years, 5 months ago

You are right, we don't have to patronize those establishments. But here is my problem - NO ONE asked me if I wanted to breathe in second hand smoke and possibly wind up with lung cancer, asthma, or other breathing disorders. How about I send you the doctor bill for that stuff. Smoking destroys the taste of food when all you can taste is an ash tray. I think the law needs to change if it really is that radical that you can't smoke in the street, but this is a good thing and it is fair to everyone. Go smoke outside where it isn't constricted inside of 4 walls and killing everything around.

newone 7 months ago

The government telling people were they can and can not smoke is horrible but it's ok for the goverment to tell a women what they can and cannot do with her own body and it's ok for the goverment to tell someone who they are allowed to marry? You are such a hypocrite Graceful.

newone 7 months ago

And your right, cigarrete smoke doesn't kill anyone I guess!

rock1853 7 months ago

Not even close to being apples to apples.

ThePatriot 2 years, 4 months ago

The smoking ban was not voted on because of health. It was passed because some people think it is a public nuisance. You will not find not one article in the fulton sun by anyone who say's we are doing this for your health.

You will not even find a independent study on smoking that say's it causes lung cancer, asthma or other breathing disorders from 2nd hand smoke.

If 2nd hand smoke was as bad as you try to make it then the OSHA would have stop this years ago. The thing is the OSHA could never find enough evidence that enough chemicals.

Please do your research.

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Petition circulates to repeal smoking ordinance

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