Smoking issue involves civil rights, some say

Jennifer Atkinson

el defensor chieftain

   What began as a crusade to protect the public health from secondhand smoke has evolved into a matter of civil rights, particularly for the business community.

   In response to the recent decision by the City Council to publish the proposed City of Socorro Smoke-free Air Act, local business owners gathered Thursday at Rancher's Steakhouse, located at 606 N. California St., in order to voice their opinions.

   Both opponents and proponents of the proposed ordinance were present, including numerous Socorro business owners, concerned citizens and representatives of Socorro Teens Against Tobacco (STAT), the lead organization advocating the ordinance. Others present were from the New Mexico Department of Health's Tobacco Use Prevention and Control program and the American Cancer Society.

   "What happens is, whether a person smokes or doesn't smoke, what this comes down to for us that own businesses, or for those individuals who enjoy smoking, is that cigarettes have a significant economic impact on our businesses," said Joanna DeBrine, owner of the Capitol Bar. "The majority of businesses have an area where there is no smoking.

   "This ordinance, as written, is something that everyone should read and read closely because it is of importance to all of us, and the fact that those who manage, own or control or any type of business are responsible for any individual that comes in and smokes or even smokes within 50 feet of their business as well as the individual who is smoking," she said.

   DeBrine said she spoke with a woman who lives within 50 feet of public school grounds and, if the ordinance passes, she would no longer be able to smoke in her front yard.

   "The question that this woman raises is 'What about my civil rights?' and I said, 'Your civil rights are no longer there when it comes to smoking.'"

   DeBrine said that even the park by the Capitol Bar is considered a public place, therefore, no one can smoke. She said that would mean no one would be able to smoke anywhere near her business.

   Millie Coddington, who opposes the proposed ordinance, said she does not think the issue is about peoples' civil rights, but about the City of Socorro taking away the rights of property owners.

   "This (the proposed ordinance) creates total anarchy and creates a police state in the sense that it empowers every citizen in Socorro to basically arrest you," said Paul Harden, owner of Socorro's Quicksilver Printing.

   DeBrine said that this ordinance is a real possibility in taking away peoples' rights.

   "I think the fact that the organizers of this ordinance have gone out and literally hired high school students is a misuse of their funds and the misuse of the students -- it's fine if they (high schoolers) want to educate, but the fact that they get paid to do this doesn't sit right with most people," she said. "I think the councilors are certainly listening to these kids (which are members of STAT) and I would hope that they would listen to us business owners as well."

   Tina Lujan, owner of Tina's Restaurant, asked the business owners present Thursday if they've donated to Socorro High School, saying she bet many of the local businesses did indeed support the school's efforts.

   "In turn, they are taking away from your business, so why sponsor these kids if they're going to take away from your business?" Lujan said.

   Martha Rimmel, owner of Martha's Black Dog Coffee House, said she believes STAT members are supporting the proposed ordinance out of passion and said it is irrelevant whether the students are paid.

   "They are as entitled as anyone to do what they want," Rimmel said. "I'm tired of hearing how abusive these kids are -- these kids are about being passionate about something and I think that's a non-issue, whether they're paid or not."

   Beth Beers, executive director of Maternal and Child Health, said the STAT program does receive funding for educational purposes, but not for advocating the proposed ordinance.

   Jess Landers, owner of Rancher's Steakhouse and the Roadrunner Lounge, said, "In order to beat this, we're going to have to come up with something as good or better (than STAT's campaign)."

   Councilor Ernest Pargas was at the meeting and said that he came in order to get the facts and opinions from both sides before voting.

   The City Council decided to publish the ordinance at a Sept. 16 meeting -- a move considered the first step towards adopting it.

   Mayor Ravi Bhasker broke the split decision to publish the ordinance after councilors voted 4-4 for the measure.

   Councilors Pargas, Dan Armijo, Chuck Zimmerly and Gordy Hicks voted for approval to move forward with the proposed ordinance; councilors Rosie Tripp, Gary Jaramillo, David Jones and Donald Monette voted against the measure.

   At Thursday's meeting, Coddington said to Pargas that the council is only hearing from those who advocate the ordinance. Advocates, particularly STAT, are using "junk science," she said.

   "The fact that environmental tobacco smoke is a health hazard is weak and bogus," said Al Braun, owner of Radio Shack. "It's statistically insignificant as a health hazard. These people going around are opposing tobacco because they simply don't like it."

   Apart from the statistics, said Carl Russell, a concerned citizen, his wife has asthma and if she's around secondhand smoke, she becomes deathly ill.

   Harden said that Russell and his wife have the right to not patronize any businesses where there's smoking, if that was the case.

   Russell said, "I understand property and business owners' rights -- I would never diminish their opinions, but my point is there are significant health issues,"

   Leroy Huebner, who owns an auto repair business, said if he's not allowed to smoke in his own business, then he will turn his business license in to the city and added that he believes many other business owners would do the same.

   The ordinance, if passed, would cause the city to lose a lot of revenue and taxes.

   "As long as tobacco remains a legal product, we (business owners) should have the right to choose," Braun said.

   Harden said if the ordinance passes, the city and advocates are giving smokers no choice or freedom.

   "Why is it that the only hotels and motels exempt from the ordinance (where no smoking is allowed) is hotels with conference rooms -- let's face it, the only hotel in Socorro with a conference room is owned by the mayor -- it's unfair," Harden said.

   Beers and Pargas said the mayor and the City Council did not write or contribute to the contents of the proposed ordinance.

   On Friday, Mayor Ravi Bhasker contacted the Chieftain and said he was unable to attend Thursday's meeting because he was in Albuquerque looking at skate park equipment for Socorro.

   "Just to make it clear, the ordinance was fashioned and written by anti-tobacco organizations -- I didn't have any input in it at all," Bhasker said. "My conference center has always been no-smoking. For someone to say I was involved or anything is total slander when those types of innuendoes are thrown around."

   He said that the city government's duty to look out for the public health and that was the reasoning behind publishing the ordinance -- so the general public and business owners, can view the ordinance and give their input when the council does vote on the issue.

   "It would be a dereliction of our duty to ignore the health dangers of secondhand smoke, but it is our job to hear both sides and make sure everyone's voice is heard," Bhasker said. "People are making this a personal issue and that's not helping anyone."

   He said the proposed ordinance is similar to when drive-up liquor windows were deemed illegal about five years ago. Business owners complained that by abolishing drive-up liquor windows would impact their business, he said, but it didn't.

   Cynthia Serna, of the American Cancer Society, said that studies have shown that secondhand smoke is a carcinogen and that where similar ordinances have passed, there's been no significant impact on businesses.

   "By and large, when these types of ordinances pass, they are generally self-enforcing. In Las Cruces, since adopting a similar ordinance in 1995, there have been only 11 citations in seven years, if that tells you anything," Serna said.

   "The City Council has an obligation to see the economic impact of the ordinance, but it also has the responsibility of protecting the public health," she continued.

   DeBrine said in order for the opinions of business owners to be heard, they need to hold regular meetings and keep the City Council informed on their opinions.

   "Everyone knows the health effects of smoking -- that's not the issue -- this is a small town and the economy is fragile and the economic impact would be inevitable," Harden said.

   Rimmel said smokers are the "incredible puppets of the big (tobacco) industry.

   "I can see the potential for economic impact, but I think the impact will be less if it (the ordinance) is applied across the board," she said. "I think your right to smoke shouldn't supersede my right to breathe clean air."

   DeBrine said Socorro already faces the problem where a lot of residents go out of town to shop and be entertained.

   "You (advocates) are just give them (Socorroans) one more reason to go outside of town and not patronize local business and contribute to our economy," she said.

   After the meeting, a petition opposing the ordinance was distributed for those who wanted to sign.

Businesses speak out on ordinance

Smoking issue involves civil rights, some say

Jennifer Atkinson

el defensor chieftain

   What began as a crusade to protect the public health from secondhand smoke has evolved into a matter of civil rights, particularly for the business community.

   In response to the recent decision by the City Council to publish the proposed City of Socorro Smoke-free Air Act, local business owners gathered Thursday at Rancher's Steakhouse, located at 606 N. California St., in order to voice their opinions.

   Both opponents and proponents of the proposed ordinance were present, including numerous Socorro business owners, concerned citizens and representatives of Socorro Teens Against Tobacco (STAT), the lead organization advocating the ordinance. Others present were from the New Mexico Department of Health's Tobacco Use Prevention and Control program and the American Cancer Society.

   "What happens is, whether a person smokes or doesn't smoke, what this comes down to for us that own businesses, or for those individuals who enjoy smoking, is that cigarettes have a significant economic impact on our businesses," said Joanna DeBrine, owner of the Capitol Bar. "The majority of businesses have an area where there is no smoking.

   "This ordinance, as written, is something that everyone should read and read closely because it is of importance to all of us, and the fact that those who manage, own or control or any type of business are responsible for any individual that comes in and smokes or even smokes within 50 feet of their business as well as the individual who is smoking," she said.

   DeBrine said she spoke with a woman who lives within 50 feet of public school grounds and, if the ordinance passes, she would no longer be able to smoke in her front yard.

   "The question that this woman raises is 'What about my civil rights?' and I said, 'Your civil rights are no longer there when it comes to smoking.'"

   DeBrine said that even the park by the Capitol Bar is considered a public place, therefore, no one can smoke. She said that would mean no one would be able to smoke anywhere near her business.

   Millie Coddington, who opposes the proposed ordinance, said she does not think the issue is about peoples' civil rights, but about the City of Socorro taking away the rights of property owners.

   "This (the proposed ordinance) creates total anarchy and creates a police state in the sense that it empowers every citizen in Socorro to basically arrest you," said Paul Harden, owner of Socorro's Quicksilver Printing.

   DeBrine said that this ordinance is a real possibility in taking away peoples' rights.

   "I think the fact that the organizers of this ordinance have gone out and literally hired high school students is a misuse of their funds and the misuse of the students -- it's fine if they (high schoolers) want to educate, but the fact that they get paid to do this doesn't sit right with most people," she said. "I think the councilors are certainly listening to these kids (which are members of STAT) and I would hope that they would listen to us business owners as well."

   Tina Lujan, owner of Tina's Restaurant, asked the business owners present Thursday if they've donated to Socorro High School, saying she bet many of the local businesses did indeed support the school's efforts.

   "In turn, they are taking away from your business, so why sponsor these kids if they're going to take away from your business?" Lujan said.

   Martha Rimmel, owner of Martha's Black Dog Coffee House, said she believes STAT members are supporting the proposed ordinance out of passion and said it is irrelevant whether the students are paid.

   "They are as entitled as anyone to do what they want," Rimmel said. "I'm tired of hearing how abusive these kids are -- these kids are about being passionate about something and I think that's a non-issue, whether they're paid or not."

   Beth Beers, executive director of Maternal and Child Health, said the STAT program does receive funding for educational purposes, but not for advocating the proposed ordinance.

   Jess Landers, owner of Rancher's Steakhouse and the Roadrunner Lounge, said, "In order to beat this, we're going to have to come up with something as good or better (than STAT's campaign)."

   Councilor Ernest Pargas was at the meeting and said that he came in order to get the facts and opinions from both sides before voting.

   The City Council decided to publish the ordinance at a Sept. 16 meeting -- a move considered the first step towards adopting it.

   Mayor Ravi Bhasker broke the split decision to publish the ordinance after councilors voted 4-4 for the measure.

   Councilors Pargas, Dan Armijo, Chuck Zimmerly and Gordy Hicks voted for approval to move forward with the proposed ordinance; councilors Rosie Tripp, Gary Jaramillo, David Jones and Donald Monette voted against the measure.

   At Thursday's meeting, Coddington said to Pargas that the council is only hearing from those who advocate the ordinance. Advocates, particularly STAT, are using "junk science," she said.

   "The fact that environmental tobacco smoke is a health hazard is weak and bogus," said Al Braun, owner of Radio Shack. "It's statistically insignificant as a health hazard. These people going around are opposing tobacco because they simply don't like it."

   Apart from the statistics, said Carl Russell, a concerned citizen, his wife has asthma and if she's around secondhand smoke, she becomes deathly ill.

   Harden said that Russell and his wife have the right to not patronize any businesses where there's smoking, if that was the case.

   Russell said, "I understand property and business owners' rights -- I would never diminish their opinions, but my point is there are significant health issues,"

   Leroy Huebner, who owns an auto repair business, said if he's not allowed to smoke in his own business, then he will turn his business license in to the city and added that he believes many other business owners would do the same.

   The ordinance, if passed, would cause the city to lose a lot of revenue and taxes.

   "As long as tobacco remains a legal product, we (business owners) should have the right to choose," Braun said.

   Harden said if the ordinance passes, the city and advocates are giving smokers no choice or freedom.

   "Why is it that the only hotels and motels exempt from the ordinance (where no smoking is allowed) is hotels with conference rooms -- let's face it, the only hotel in Socorro with a conference room is owned by the mayor -- it's unfair," Harden said.

   Beers and Pargas said the mayor and the City Council did not write or contribute to the contents of the proposed ordinance.

   On Friday, Mayor Ravi Bhasker contacted the Chieftain and said he was unable to attend Thursday's meeting because he was in Albuquerque looking at skate park equipment for Socorro.

   "Just to make it clear, the ordinance was fashioned and written by anti-tobacco organizations -- I didn't have any input in it at all," Bhasker said. "My conference center has always been no-smoking. For someone to say I was involved or anything is total slander when those types of innuendoes are thrown around."

   He said that the city government's duty to look out for the public health and that was the reasoning behind publishing the ordinance -- so the general public and business owners, can view the ordinance and give their input when the council does vote on the issue.

   "It would be a dereliction of our duty to ignore the health dangers of secondhand smoke, but it is our job to hear both sides and make sure everyone's voice is heard," Bhasker said. "People are making this a personal issue and that's not helping anyone."

   He said the proposed ordinance is similar to when drive-up liquor windows were deemed illegal about five years ago. Business owners complained that by abolishing drive-up liquor windows would impact their business, he said, but it didn't.

   Cynthia Serna, of the American Cancer Society, said that studies have shown that secondhand smoke is a carcinogen and that where similar ordinances have passed, there's been no significant impact on businesses.

   "By and large, when these types of ordinances pass, they are generally self-enforcing. In Las Cruces, since adopting a similar ordinance in 1995, there have been only 11 citations in seven years, if that tells you anything," Serna said.

   "The City Council has an obligation to see the economic impact of the ordinance, but it also has the responsibility of protecting the public health," she continued.

   DeBrine said in order for the opinions of business owners to be heard, they need to hold regular meetings and keep the City Council informed on their opinions.

   "Everyone knows the health effects of smoking -- that's not the issue -- this is a small town and the economy is fragile and the economic impact would be inevitable," Harden said.

   Rimmel said smokers are the "incredible puppets of the big (tobacco) industry.

   "I can see the potential for economic impact, but I think the impact will be less if it (the ordinance) is applied across the board," she said. "I think your right to smoke shouldn't supersede my right to breathe clean air."

   DeBrine said Socorro already faces the problem where a lot of residents go out of town to shop and be entertained.

   "You (advocates) are just give them (Socorroans) one more reason to go outside of town and not patronize local business and contribute to our economy," she said.

   After the meeting, a petition opposing the ordinance was distributed for those who wanted to sign.