Indianapolis City Council Passes Smoking Ban

By John Fritze

Indianapolis officials approved a controversial workplace smoking ban Monday -- ending years of debate and bringing the city in step with hundreds of communities nationwide.

On an 18-9 bipartisan vote, the City-County Council endorsed a plan to prohibit smoking in most restaurants, some bars and a laundry list of public spaces -- from hotel lobbies to taxis to elevators.

For Amy Dawson, 25, who was catching a show at Downtown's Slippery Noodle Inn minutes after the council's vote, approval of the ban was welcome news.

"I used to work in a bar Downtown, and I was sick all the time," Dawson said.

Brad Alexander, who was tending bar at Houlihan's, 111 W. Maryland St., predicted trouble.

"That's going to absolutely kill us," he said. "People want to come in and have a smoke and some drinks and dinner. They'll have to run outside for a smoke."

Under the ban, most restaurants will become smoke-free March 1. Bars that don't admit patrons younger than 18, private clubs and cigar bars will be excused.

Offenders -- individuals or businesses -- could face a $100 fine per violation.

Through a spokesman, Mayor Bart Peterson said he would sign the measure.

For proponents, the approval was the culmination of a years-long struggle and a prickly debate that at times seemed destined to end in defeat. Public testimony on the ban far outweighed what has been heard on any other issue in years.

"This is what the community wants," said Democratic Councilwoman Angela Mansfield, a leading supporter. "This is what the community has asked for."

Opponents -- including many restaurant and bar owners -- lamented that local government had stepped in to tell business owners which customers they could serve. Many places, opponents said, will become 18-and-older to avoid the ban.

And that, some said, will limit dining choices for families.

"It was a real simple decision," said Hal Yeagy, owner of the Noodle, 372 S. Meridian St. "I'll be 18 and over."

Four Republicans voted with a solid block of Democrats to support the ban. One of the measure's most vocal critics, Republican Councilman Jim Bradford, was absent from the meeting.

But Republican Councilman Scott Schneider, who voted against the ban, questioned whether -- in the name of health -- the city might someday ban fried foods.

"Where do we draw the line as a society?" he asked. "Where does this body stop?"

Nearly 2,000 communities nationwide regulate smoking, and 172 of those completely ban smoking in restaurants and bars, according to a California-based anti-smoking group called Americans for Nonsmokers' Rights.

Smoking is restricted in New York, Boston, Los Angeles and many of the nation's other largest cities. In Indiana, Bloomington and Fort Wayne have adopted smoking regulations for restaurants.

Proponents said the Indianapolis ban could spur similar measures in suburban communities.

Since February, when it was first introduced, the ban steadily had been weakened to shore up support. Plans to ban smoking in city parks, near bank machines and at outdoor sports venues -- such as the Indianapolis Motor Speedway -- were dropped.

More recently, council members delayed its implementation until next March, exempted outdoor seating areas at restaurants and dropped bowling alleys.

Indianapolis resident David Lee Roth, a 46-year-old nonsmoker, said he wished the ban included all bars and bowling alleys. More nonsmokers would patronize those businesses if they were smoke-free, he said.

"Fifteen to 20 minutes of that and I'm sick," he said. "I've got to go."

Enforcement, sponsors said, mostly would be handled by health and building inspectors, but the Indianapolis Police Department and Marion County Sheriff's Department also could write tickets.

Councilwoman Marilyn Pfisterer, a Republican, questioned whether police officers should be taken away from more serious crimes to deal with the ban. She also questioned whether the Marion County Health Department, with its roughly 30 inspectors, was prepared to enforce the measure.

Dr. Virginia A. Caine, director of the Health Department, said the agency may consider adding additional inspectors to carry out the job.

"We don't perceive (enforcement) as being a major issue," she said.

Minutes after the vote, Bryan Helms, 48, was sipping on a beer at the Slippery Noodle. In town from Alabama for a conference, Helms said he appreciated Indianapolis' initiative.

"I'm old," he said. "My lungs only have so many breaths left in them."