By Tracy Overstreet
tracy.overstreet@theindependent.com

The citywide smoking ban will go into effect June 1 a full year in advance of a statewide smoking ban approved last week.

"What we gain is 365 days of clean air in public places," said Councilman Kirk Ramsey.

The vote enacting the citywide ban was 8-2, with Council President Mitch Nickerson and Councilman Bob Meyer voting no. They both favored simply letting the state law take effect.

The council also rescinded a public vote on the citywide smoking ban that was scheduled for the May 13 primary. The council had initially set the primary ballot question prior to the Nebraska Legislature passing the statewide smoking ban.

The council debated for just more than an hour Monday on how best to address the smoking ban issue since the state ban was coming.

The debate centered primarily on two amendments offered by Councilman Larry Carney one to remove the 10-foot arc and a second unsuccessful attempt to push back the effective date of the local ban to Aug. 1 to give local businesses more time to comply.

When removal of the 10-foot arc tied on a 5-5 vote, Mayor Margaret Hornady voted to remove the arc. Those also in favor of removing the arc were Carney, Meyer, Nickerson and Councilmen Jose Zapata and John Gericke.

Carney opposed the 10-foot arc an area outside of every public doorway where smoking would be prohibited because he said it would be hard to enforce.

He said putting physical markings of the arc outside doors would be unsightly, but without them it's hard for the public to know when and if it was violating the law. Such ambiguity, he said, should be avoided.

He also questioned Ryan King, assistant director of the Central District Health Department, and Grand Island Police Chief Steve Lamken on how the arc would be enforced.

King envisioned the public "self-enforcing" the 10-foot arc, while Lamken said police response to arc complaints "won't be a high priority call, to be honest."

City Attorney Dale Shotkoski said if the arc rule were left in Grand Island's ban, it would only be in effect for one year because the state ban will supersede the local ordinance.

Because the state law was meant to be uniform across the state, cities could neither opt out of its regulation nor make it more stringent, he said.

That took several council members by surprise. They thought city law could be more restrictive.

Although the council enacted the citywide ban thinking it would be in effect for just one year before giving way to a more lenient statewide ban June 1, 2009, that apparently is not the case.

Cindy Jeffrey, executive director of Health Education Inc. in Lincoln attended Grand Island's meeting Monday. After the meeting concluded, she said State Sen. Joel Johnson, the sponsor of the statewide ban, clarified during legislative committee debate that cities could in fact pass more restrictive regulations.

"Senator Johnson said that local ordinances could remain in effect or that cities could have more stringent regulations," Jeffrey said.

Johnson's legislative aide, Roger Keetle, held the same opinion when called by The Independent mid-morning Monday.

"A city ban can be more restrictive," Keetle said. "The state ban is the floor."

The council took comment during the meeting from just one resident prior to its vote. Ward 2 city council candidate Scott Dugan said he favored the ban as a nonsmoker, but was concerned about government control and the rush to get the ban passed locally.

Several tobacco-free organization representatives were present at the meeting, but did not speak.

Grand Island bar owner Brent Lindner was also present. Following the vote, he expressed support for removing the 10-foot arc rule. That rule would have cut into the outdoor beer garden and sidewalk cafe space, he said.

Nickerson said another reason he opposed the local ban was because it was more punitive than the state ban. Under the state ban, violating smokers can avoid a fine by taking a state-approved smoking cessation class at their own cost. Grand Island's ban doesn't offer that option.

Grand Island's ban prohibits smoking in all indoor areas, public places and places of employment. Twenty percent of hotel/motel rooms are exempt, as are state and federal smoking research laboratories.

Tobacco retail shops are not exempt under the local ban, but are under the statewide ban.

Grand Island's penalties for either a person smoking or a business owner allowing smoking are $100, $200, and $500, respectively, for first, second and third/subsequent offenses.

The mayor clarified that the council met in a special 8 a.m. meeting Monday to address the smoking ban issue because 5 p.m. Monday was the deadline to have ballot issues set for the May 13 primary election.