Cheyenne to decide fate of public smoking

By JARED MILLER

CHEYENNE—The City Council tonight will decide whether Cheyenne becomes the second Wyoming town to ban smoking in public buildings. CHEYENNE—The City Council tonight will decide whether Cheyenne becomes the second Wyoming town to ban smoking in public buildings. If the measure passes as expected, it could put an end to legal smoking -- even in bars, restaurants and private clubs.

While local tourism officials doubt the ordinance will ding Cheyenne's image as a macho cowboy town, opponents already are considering a voter referendum.

Meanwhile, a couple of veteran Wyoming lawmakers said the entire state eventually could go smoke free, though probably not for some time.

“I'm not sure the state's quite ready for it yet,” said Sen. Charles Scott, R-Casper, “but if we see enough of these local circumstances, and they prove to be popular with the people, yea, I think there will be the votes for (a law).”

Tonight's vote culminates more than a year of work by smoke-free advocates. They launched a public awareness campaign a full six months before Councilman Don Pierson introduced the proposed ordinance earlier this year.

Debate has been fiery. Dozens of people lined up to comment at three previous City Council meetings on the issue. Many more will testify tonight.

The medical community strongly supports the measure. A Laramie study showed no negative economic impacts after that community adopted a similar ordinance, though that has been challenged by some Laramie business owners.

Most opponents are bar owners who believe business will take a hit if the measure passes, members of private clubs where the public is not welcome or smokers who feel the regulation is an infringement on their rights.

“I served my country and I have a right to smoke if I want to smoke,” said Morris Engelke, a Cheyenne military veteran who vowed to defy the ordinance if it goes into effect.

The City Council and a committee composed of all council members except the mayor have supported the ordinance three times. The last vote on Wednesday was 7-1 in favor.

Pierson said efforts to amend the ordinance could continue on Monday, including attempts to exempt bars, private clubs and smoke shops from the ban.

“I think it's kind of up in the air as to whether that would pass or fail,” Pierson said.

In order to hold a referendum, opponents of the ordinance must gather signatures from 10 percent of registered voters. And they must file the names no later than 10 days after the city clerk officially “publishes” the ordinance following Monday's vote.

At that point, the City Council likely would suspend the ordinance until after the public vote, according to the city.

“I think if the ordinance passes, and it includes bars and clubs, a ballot initiative is quite likely,” said Mike Moser, lobbyist for the Wyoming State Liquor Association

Del Peterson, an ordinance opponent and smoke shop owner, said he doubts the success of a referendum in November. General election voters by and large will be non-smokers who will uphold the ordinance, he said.

“If it was a special election where you had really concerned citizens for smoking and against smoking, it becomes the real issue and you get a much fairer election,” Peterson said.

Pierson, the chief sponsor of the measure, said he purposely timed introduction of the ordinance so that the referendum would coincide with the general election, avoiding the estimated $30,000 to $50,000 cost of a special election.

Darren Rudloff, president of the Cheyenne Area Convention and Visitors Bureau, said he doubts a smoking ban would deter visitors, even to a town that trades heavily on its Western image.

“Certainly we have the mystique of the West here, but I don't know if that image also has the expectation of a smoke-filled saloon with gun fighters with big stogies,” Rudloff said.

Ken McCann, general manager of Cheyenne Frontier Days, said the issue has been tremendously polarizing, and he declined to guess what it could mean for the city's trademark summer event.

“It's just kind of a razor edge thing for us,” McCann said. “It's just like getting involved in drinking issues or things like that. You know, the event doesn't rotate around either one of them, but our customers certainly enjoy both because they are legal products. We just try to avoid being judgmental.”

Colorado, Montana and 11 other states have enacted statewide bans on smoking. Colorado's law goes into effect July 1.

Sen. Cale Case, R-Lander, said a similar ban in Wyoming is at least 10 years off.

“I think the Legislature is evolving and probably sometime in the future they would consider such a thing,” said Case, adding that he would not support smoke-free legislation because of his “Libertarian bent.”

If adopted, the Cheyenne ordinance would take effect on Aug. 15. Smokers would be required to puff at least 10 feet from public entryways.

Smoking would still be allowed in private residences and vehicles, private offices, outdoor patios, outdoor places of employment and designated smoking rooms in hotels and motels.

Ignoring the ban would be a misdemeanor publishable by a $750 fine and up to six months in jail, or both.