Indianapolis to consider stricter smoking ban

A new, enhanced smoking ban could be in place in time for the Super Bowl next year, one that bans smoking in all bars and bowling alleys, but the political maneuvering behind it has left some feeling snubbed.

City-County Council President Ryan Vaughn announced plans Tuesday to introduce a new ban to the council next month with the ordinance eligible for final passage on December 19, 2011.

The announcement caught several smoke-free advocates by surprise. The American Lung Association, Tobacco Free Kids, SmokeFree Indy and other organizations were planning a kick-off event Thursday to push for a tougher ban. Republican Councilor Ben Hunter and Democrat Angela Mansfield planned to introduce a stricter ordinance in early January, once Democrats took control of the council. They said there would be more support for a ban then and that the revised ordinance could still be in place for the Super Bowl.

But in a news release, Vaughn noted that state requires new regulations with penalties to be posted for 30 days prior to taking effect. He said the council had to act sooner in order for the ban to be effective when the city is hosting tens of thousands of visitors during Super Bowl XLVI.

Vaughn, however, never shared his intentions with the smoke-free advocates even though he was invited to the Thursday news conference. He did however, work with the mayor's office on his proposal. (The mayor was also invited to Thursday's event.)

Republican Mayor Greg Ballard has long opposed a stricter smoking ban, which came up during the 2011 mayoral race. The mayor just won re-election after fending off a challenge from Democrat Melina Kennedy, who supported a stronger ban. During a debate sponsored by WTHR, Indianapolis Star and The Indianapolis Recorder, the mayor, a former Marine, indicated he was open to compromise, as long as it didn't involve telling veterans that they couldn't smoke at their local VFW or American Legion post.

The city's current smoking ban has been in effect since 2005. The ordinance proposed by Vaughn would remove the exemption to the current smoking ban for hotel rooms, bars, restaurants serving only customers over the age of 21 and bowling alleys with the following exceptions:

Cigar/Hooka Bars: must annually generate $100,000 or 15% of gross revenue from tobacco products, only tobacco sold on site would be permitted to be consumed. Cigarette smoking would be prohibited in these establishments.

Retail Tobacco Business: whose primary business is the sale of tobacco products.

Not-for-profit private membership clubs: exempt from federal taxation and meets the definition of "private" or "fraternal" club under state statute.

Several Republican councilors have opposed a stricter ban, meaning Vaughn will likely need Democratic support to get his proposal passed.

Mayoral spokesman Marc Lotter said, the mayor would sign off on it if it reaches his desk, saying "it meets the criteria he laid out."

While Lotter insisted neither the Vaughn nor the Mayor's office went around or tried to upstage the smoke-free coalition, he did say Vaughn's was "a proposal we can get done."

Tobacco Free Kids and other smoke-free advocates endorsed Kennedy. Asked if that factored into beating them to the punch, Lotter said no, repeating, "it's a proposal we can get done."

A draft of the proposed ordinance will be available on the City-County Council website on Friday, December 2, 2011. If it passes the Republican-controlled Council and is signed into law by Mayor Ballard, the ordinance would take effect on January 22, 2012, two weeks prior to the Super Bowl.