Fairhope Alabama Personal Injury accident Attorney at Law James Dorgan

Not far enough 

At the recent public hearing on the issue, Council member Dan Stankoski stated that he would have voted in favor of an even stronger indoor smoking ban to include bars, taverns and night clubs, similar to the ban that is in place in the State of Florida.   

The limited scope of the act to not include bars is perplexing, as nonsmoking bartenders, managers, and cocktail servers, some of which may be pregnant, or have smoke related allergies, are then exposed to hours upon hours of second hand smoke incidental to their job.

On the opposite extreme, Debbie Quinn, who previously had delayed the city council in becoming the first city in Baldwin County to ban indoor smoking in restaurants, sought to allow smoking in restaurants with bars after 9pm.

In response to Quinn's measure, Kant stated that if Quinn's motion were to be granted, that "the new smoking ordinance would not protect the health of nonsmoking employees who would then be forced to work in a smoking environment."   

After the defeat of the two motions, the council nevertheless agreed to unanimously pass the ordinance without modification.   

Can I still smoke in the bar of my favorite restaurant? 

According to the ordinance, smoking will be banned in "all public spaces within the city of Fairhope."  The ordinance identifies 20 areas where smoking would be banned including restaurants, hotel and motel lobbies, health care facilities, and retail stores.

Smoking will not be permitted in restaurant bars, unless the establishment can prove that more than 75% of its revenue is from the sale of alcohol. 

Restaurant locations that are clearly within the scope of the ban include Julwin's, Ben's, El Mexicano, Waffle House, Sunflower Cafe, China Wok, and others. 

Even restaurants with bars are also covered by the ordinance. 

Ruby Tuesday's, El Giro, Fairhope Inn, Colony Grill, Filet, Fly Creek Cafe, Wintzell's, Gambino's, and other restaurants whose revenues are primarily from food sales, as opposed to revenues from the sale of alcohol, are also within the scope of the ordinance.

Smoking would not be permitted either at a dining table or at the restaurant bar.  Smokers would be required to smoke outside.  

The ordinance is identical to a recently passed smoking ban in Opelika. The mayor and city council members said they supported the ban as a public safety issue, because of the health dangers posed by secondhand smoke.

Smoking restrictions have been growing around the country, with 17 states and more than 300 municipalities having enacted smoking bans for restaurants or workplaces as of July 1, according to the American Nonsmokers' Rights Foundation, a California-based nonprofit. 

Just last month, U.S. Surgeon General Richard H. Carmona issued a report on the dangers of secondhand smoke. The report says nonsmokers exposed to secondhand smoke at home or work increase their risk of developing heart disease by 25 percent to 30 percent and lung cancer by 20 percent to 30 percent, according to the U.S. Department of Health and Human Services Web site.

Statewide Smoking Referendum Stalls

Alabama legislators were at one point considering a bill which would allow Alabama voters the choice to decide whether smoking should or should not be banned from restaurants.  

For instance, sister state Florida recently passed a referendum on the issue banning smoking from restaurants by an overwhelming majority. 

It would seem that Alabama voters should also be given that chance to decide, as 75% of Alabamians don't smoke.   Unfortunately, Alabama legislators have yet to permit Alabamians to vote on this important health issue.

Please let your voice be heard by contacting your local representative concerning this important health issue:

Randy Davis 251-937-0240

Steve McMillan 251-937-6048

Joe Faust 334-242-7843

Pat Lindsey 334-242-7843

Bradley Byrne 334-242-7897