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Published: Wednesday, Jul. 21, 2010 / Updated: Tuesday, Jul. 20, 2010 06:04 PM

York County smoking ban under review

York County Council considers changing controversial ordinance

YORK -- 

The York County Council decided Monday night to consider amending the county's 14-month-old smoking ban.

Councilman Paul Lindemann introduced the idea, supported by a couple dozen bar owners and employees who came to Monday's council meeting to show opposition to the countywide smoking ban.

In May 2009, the council unanimously passed the smoking ban, which prohibits smoking in public places.

The problem with the ban, Lindemann said, is that it's hurting some private businesses.

"My district overwhelmingly supported this, but ... there are businesses in my district who are floundering and losing employees and losing revenue because they can't allow their customers to smoke," Lindemann told fellow council members.

Council members have reported positive and negative reactions to the ban. The backlash at Monday night's meeting came from more than a dozen people who oppose the ban, including Cousy Simpson, 69, who owns Cousy's bar in Catawba.

He said he carries around an oxygen tank because he was exposed to asbestos during the 20 years he spent in the U.S. Navy. About 14 years ago, he quit smoking. He said he's in the bar day and night but isn't concerned about being exposed to the smoke.

Simpson, who said he has spent thousands of dollars on air purifiers for his bar, said he wants the ban lifted for his customers.

The smoking ban, he said, takes away a lot of his customers who instead go to Lancaster and Chester counties or Fort Mill. Going outside to smoke isn't an option for his customers, he said.

"How would you like to sit outside and smoke in 100-degree weather?" he asked.

He estimates that he's lost about 40 percent of his business as a result of the ban.

"It ain't right for them to take our private rights away in private bars," he said.

Debbie Corley said the ban on smoking in private businesses is so absurd she thought it would be repealed. She and her husband, Steven, opened Smokey's Cigar Bar in Rock Hill a couple of months ago, knowing about the smoking ban.

"It's a new business, and people come in and buy high-dollar brandies and whiskeys, and they can't sit there and enjoy a cigar," she said.

Lindemann discussed changing the ordinance to exclude private clubs or bars, such as Simpson's and Corley's, suggesting that age restrictions for club members and employee waivers be considered.

Some question whether the county can adopt an exemption similar to what Fort Mill has. The town's smoking ban, which took effect last August, excludes private clubs such as the American Legion and VFW.

But as County Manager Jim Baker pointed out, the Fort Mill ordinance requires excluded private clubs to be "a not-for-profit and their fundamental purpose cannot be as a bar or restaurant," he said. Under Fort Mill's definition, "90 percent of private clubs" in York County "wouldn't qualify anyway," Baker said.

There was no written amendment for council to consider Monday. Lindemann asked that one be prepared for August's meeting.

Baker asked the council for specific suggestions on what an amendment should say. He warned that defining "private club" is a very difficult yet important task. Lindemann plans to gather other councilmen who might support an amendment to discuss wording.

Council Chairman Buddy Motz and Councilman Joe Cox indicated that they would not consider an amendment.

For Motz, it's a public health issue. "I'm surprised that some of the members who voted to support the ban are now saying the opposite without consideration of the employees," he said.

Cox said he would stand with Motz, adding that the county should wait longer to determine the ban's impact. He noted that there aren't many private clubs in York County.

For Lindemann, it doesn't matter how many clubs are impacted. "There are a small amount of folks losing jobs and business, and why? Because the county put an impediment on their businesses," he said.

Councilmen Tom Smith, Curwood Chappell, Roy Blake and Chad Williams have indicated they are open to considering an amendment. Williams suggested having a public hearing, since most of the opposition to the ban came after the ordinance was in effect.