Humble says no to smoking in public

It's now illegal to smoke in public areas in the city of Humble.

The Humble City Council recently voted 5-1 to enact a city ordinance that bans smoking in public areas.

The ordinance, which went into effect March 1, imposes a maximum fine of $2,000 to businesses and individuals who violate the ordinance.

Health issue

Humble City Manager Darrell Boeske said enacting the ban was a public health issue, and one that city leaders should take seriously.

"I am not against a person being able to smoke, but by the same token I don't know why you would subject people who don't smoke to that health hazard, especially children," Boeske said. "Smoking is a detriment to health and really annoying to people who don't smoke."

Ordinance basics

The new ordinance outlined a number of establishments where smoking is banned, including: all restaurants, pool or billiard halls, gaming halls and bingo parlors, movie theaters, auditoriums, shopping malls, educational offices, child care facilities, some bars, and enclosed and open air sporting arenas.

There are exceptions to the ban that include homes, tobacco outlets and stores, and bars in operation before March 1.

Common trend

Boeske added that larger cities, such as Dallas, Austin and San Antonio had enacted similar ordinances, and that a smoking ban was hardly a new concept to anyone.

"We didn't jump in here the first day. We are last to get on the bandwagon," he said.

Boeske said many of the larger chain restaurants have placed a ban on smoking in those establishments, but that a lot of the smaller local restaurants have trouble telling customers, smoking is not allowed.

"This is just a way to help them," he said.

Councilman Bill Connor, the lone dissenter on the council, said he opposed the smoking ban because it takes the control of the smoking issue out of the hands of the business owner, and puts in into the hands of the government.

"I don't like anything that takes people's rights away," he said. "If we got to sit here and control what people do, well that's not what government is for. It's supposed to be for the people, not against the people."

Connor, who owns a business in Humble, said he has had people come into his business over the years, and has never had a problem asking people not to smoke.

"None of these businesses have a problem (asking people not to smoke)," Connor said.

However, Connor said some businesses are afraid to enforce a ban on smoking for fear of losing their customers.

"They are shuffling the blame on us," Connor said.

Meanwhile, in a memorandum addressed to the city council, Connor explained why the city doesn't need another ordinance.

"We currently have ordinances we are not enforcing. Why add another one? Especially one that encumbers the rights of the business owner," Conner said in his memorandum. "The right to smoke or not smoke should be left up to the business owner and not the city of Humble."

Wayne Falgiano, who owns and operates the Railroad Café in Humble, has never allowed smoking and is happy to see the ordinance pass.

"Cigarette smoke is pretty nasty stuff," Falgiano said. "It stays in the air a long time. I don't recommend smoking in a restaurant at all."