West Virginia Business Owners Angered over Smoking Ban

From the Charleston Daily Mail:

WINFIELD - Putnam County's smoking ban generated lots of heat as a crowd of citizens commented on the policy during a public hearing.
The regulation that was tightened earlier this year bans smoking in all public buildings, including taverns, gaming centers and bars.

The Putnam County Board of Health called the special meeting after some business owners became upset over the results of the ban. About 75 people attended Tuesday night's meeting.

A meeting last month drew an overflow crowd of about 100 people to the health board's offices, where officials commented that the fire marshal probably wouldn't approve the cramped conditions.

So Tuesday night's meeting was moved to the Putnam County Courthouse.

"It was unorderly," board member Brac Brown said of the previous hearing. "What we wanted to do is give the citizens an opportunity to have their opinions heard."

Steve Scott, vice president of operations for Mimi's restaurants, which has 30 video lottery establishments in West Virginia, started by telling the board the smoking ban isn't working.

"We can pinpoint every dollar we've lost because of the smoking ban," he said.

Harold Arbaugh, owner of Lisa's in Teays Valley, agreed.

"Economically, we are losing to Kanawha County," Arbaugh said. "I can get in my car, drive 10 minutes and be comfortable."

Others in attendance said the ban was against their fundamental rights both as business owners and as citizens. Sharon Hammond, owner of Silkey's in Winfield, told the board that the regulations have gone too far.

"If you're going to take smoking out of the bars and out of the restaurants, why not take them off the shelves?" she said.

Linda Hodges of Hurricane chimed in.

"If you take them off the shelves, you will see a fight," Hodges said.

Hodges, who said she has family members affected by the ban, continued.

"You can't come into my home and tell me whether or not to smoke. It's my property. I pay taxes on it," she said. "They pay taxes on their businesses. They deserve the same rights."

Southern Pride Lounge owner Rod Campbell expressed the same concerns.

"I'm paying $1,700 a year, and it doesn't matter," Campbell said of his east Hurricane business. "You're going to tell me what to do with my business."

Much of the discussion centered on the same issues brought to the board in May, including that the smoking ban should not affect adult-only facilities. Several speakers also mentioned that they were not properly informed of the ban before it was put into place.

"We didn't even know this was going to happen," Hurricane resident Sally Holstead said. "We needed to know what we know now: that you people are trying to make decisions for us when you're not even elected officials."

"You're leaving the smokers with one option: replace you all from the governor down," said Hurricane citizen H.D. Raines.

The crowd erupted in applause and shouts following his statement.

Joe Haynes, the Putnam County Commission representative on the Board of Health, said he is certain that the board will bring the ban to a vote.

"The best thing that can come out of this is for us to sit back down, debate the issues and ultimately decide what's best for Putnam County residents," Haynes said.

He also said that the board has only a few options: to rescind it completely, amend it for adult establishments or give business owners the opportunity to decide for themselves.

"Predict what's going to happen? I wouldn't dream of it," he said.

Haynes also emphasized that the board was only concerned with the health of its citizens, and health issues would be significantly considered during the vote.

Sneekers Nightclub owner Bill Lanham told the board that no one in attendance was in favor of keeping the ban in place. When he asked if there were any ban supporters in the room, not a single hand was raised.

"West Virginia's supposed to be 'open for business,' not closing businesses," Lanham said.