Support there for smoking ban in South Bend

The days of smoking in clubs and bars in South Bend may be numbered. Before agreeing to table it Monday, Common Council member Karen White seemed ready to support a measure expanding the statewide smoking ban here to include such establishments.

"I indicated that I did support the smoke ordinance, but the concern I have is that it will be implemented properly," White said Tuesday, adding she'd also like to see the county and city of Mishawaka enact similar legislation.

White's vote would have been the deciding one in favor of the measure, which also has the support of council members Gavin Ferlic, Tim Scott, Valerie Schey and Fred Ferlic, as well as Smoke Free St. Joe.

Instead, the council, at Schey’s recommendation, tabled the issue for 60 days, until July 14, in order to further communicate with bar and club owners and ensure smooth implementation of the law.

The vote was 5-3, with the Ferlics and Tim Scott opposed.

The decision followed more than two hours of at times heated debate in front of an overflow crowd of about 200 people, some of whom had to sit or stand outside council chambers because of overcrowding.

"This (ban) is primarily about workplace safety," said Gavin Ferlic, noting exposure to second-hand smoke contributes to lung cancer, heart disease, asthma and other serious health problems.

Bar and club owners, though, worried the measure would hurt business and trample on smokers' rights.

"We have freedom of choice," said Matthew Zultanski, part-owner of Mitch's Corner in South Bend. "A person who walks up to an establishment that is smoking can choose not to go in."

Zultanski and others also complained that supporters of the ban, including Smoke Free St. Joe, never contacted them about it before Monday, a claim Gavin Ferlic denied.

"The coalition reach out via phone to all the establishments at least twice," Ferlic said Tuesday. "There were a couple of situations where either no one answered or there wasn't an answering machine or the number was not in service, but again, best efforts were made."

Though disappointed with the decision to table the matter, "I understand the council would like to see a few more conversations take place before potentially passing this ordinance," Ferlic said, "so I’m certainly comfortable following through with the council’s recommendation."

"I know we're not going to make everyone happy," Schey said, "but it seems we could have done a better job trying to reach out to the bar owners and hear their concerns, and try to work with them to find some sort of compromise."

That could include giving existing smoking establishments up to two years to comply with the law, Schey said.

Asked about that, Ferlic said he's willing to consider such an amendment, but "our primary concern is for the health and well-being of the general public as well as employees in these establishments, so the more efficiently we can create a clean-air environment ... the better off we are as a city."

Smoke Free St. Joe would appear to agree.

"Smoke Free St. Joe is disappointed that the workers of South Bend yet again have to wait to be provided the smoke-free workplace that everyone deserves," the organization said in a statement Tuesday.

"Second-hand smoke has killed 2.5 million nonsmokers since 1964, and every day we wait to pass this ordinance means another resident of South Bend's life and livelihood are at stake."