Published: May 31, 2008 01:23 am      

Revised smoking ordinance stands

Procedural rules keep motion to reconsider, revisit from being made

FAIRMONT — Procedural rules kept a motion to reconsider and revisit the revised smoking ordinance from being made at a Marion County Board of Health meeting Friday night.

But even if the motion would have been made, the comments from sitting board of health members following overwhelming public input indicate the smoking ban would have survived reconsideration.

Board president and County Commissioner Randy Elliott asked the health board for a motion to reconsider its March 28 vote to ban smoking in all free-standing bars, video lottery parlors and fraternal organizations unless the group is holding a private function.

Lenny Stafford, health board member, spoke up saying he would make the motion.

However, Alan Parks, newly appointed board member and county commission president, pointed out that Stafford had abstained when the original vote was made.

Parks added that according to Roberts Rules of Order, the procedural manual which governs public meetings, the motion to reconsider the passage of the ordinance would have to come from someone who voted for the measure at the March 28 meeting.

Despite an overwhelming number of people who spoke out against the ordinance during the meeting as opposed to those who showed up in support, and petitions containing thousands of signatures from people opposing the measure, the smoking ban will still go into effect.

The smoking ban will go into effect in August 2009 for existing businesses. The ban will become effective immediately for any new businesses, said Lloyd White, health board administrator.

“I’m not surprised,” Elliott said concerning the board’s decision not to reconsider the measure.

“I felt during the last vote that people were very adamant about their choice to pass it (ordinance),” he added.

Elliott said that although he was not surprised about the decision, he was disappointed the motion to reconsider the ban was not made. He added that he had hoped the board members would have listened to those opposing the ban and take some of their recommendations into consideration.

“But I respect their (board) opinion,” Elliott said.

Elliott was the lone vote against the ordinance during the March 28 meeting. Stafford had abstained because he owns a bar and video lottery parlor, two businesses which would have been directly affected by the ordinance.

Stafford said during Friday’s meeting that he still believed it was the right choice to make at the time.

Board members Betty Fast and John Conaway both enumerated their reasons for sticking by their previous vote at Friday’s meeting.

Conaway said he had cast his vote because of the health consequences of smoking.

“I’ve seen too many people go through it,” Conaway said about the health issues caused by smoking.

Fast, a nurse by profession, added that she had also seen the health effects caused by smoking. She added that she had carefully thought about her decision to vote for the ordinance before she had cast her vote.

“I’m still convinced it is the right thing to do,” Fast said.

“I’ve heard what you said,” Fast told those assembled at the senior center for the meeting. “But I haven’t changed my mind.”

Parks also spoke up at the meeting. The commission president had been appointed to the board after his wife Nancy resigned. Nancy Parks had been appointed by Fairmont City Council members in violation of the health board’s bylaws and state code. She had cast her vote in favor of the ordinance.

Alan Parks said during a previous interview that he had asked his wife to resign because the attacks on her vote were political. During Friday’s meeting Parks reiterated his stance in favor of the ordinance.

“We can’t discriminate against non-smokers,” Parks said. “I’m 100 percent for this (ordinance).”

Many who attended the meeting voiced their disapproval about how the ordinance had been originally passed. The board of health placed a 79-word legal ad asking for public comment 24 weeks before the March vote.

The public debate that occurred before Elliott asked for the motion to reconsider the vote often moved from heated to cordial. Several members of local Veterans of Foreign War posts were on hand to speak at the meeting. Brad Newbraugh, quartermaster of the VFW Post No. 629, was one speaking out against the ordinance.

“I don’t smoke in restaurants and I don’t smoke around kids,” Newbraugh said. “But I smoke in places where you have to be 21 to get into.”

The vast majority of the people speaking out against the ordinance said they acknowledged the fact that smoking was an addictive, dangerous habit. However, they also said that people choose to smoke knowing the consequences.

Parks, along with his wife Nancy and many of the others who spoke in favor of the ordinance, said one of the reasons they supported the measure was because people who work in bars, video lottery parlors and fraternal organizations should not have to inhale second-hand smoke, which is known to cause cancer.

Deloris Morris, a cancer survivor, was on hand to relate her experience, which she said was caused by inhaling second-hand smoke throughout her life. Morris said she had never smoked a day in her life, but had suffered greatly from the effects of second-hand smoke. Morris said she appreciated what the VFW members had done, but she also had rights as well.

“And I have the right to live,” she said.

Elliott and Nancy Parks, who attended the meeting to speak out for the ordinance, sparred with words briefly when Parks hinted that Elliott had cast his vote against the ordinance for political reasons. Elliott emphatically denied the statement.

“I voted that way because that’s the way I believe,” Elliott said. “And I’d do that this year, next year and two years from now.”

Elliott added that he was in favor of everything in the smoking ordinance except for the ban on smoking in fraternal organizations, bars and video lottery parlors. He also noted that his opposition to these provisions in the ordinance had been consistent.

E-mail Paul Fallon at pfallon@timeswv.com.