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Chandler's new smoking law will go into effect Oct. 1

By Tony Ku

You wouldn’t expect to find smoke in a library, much less the Chandler City Council chambers.

But while the fumes of this controversy couldn’t be inhaled, they were clearly visible as smoke-free advocates, decked out in bright yellow shirts with slogans reading, “Smoke Free In ’03,” clashed with bar owners over a proposed Chandler smoking ban.

Still, in the wake of the unanimous 6-1 vote, with council member Phill Westbrooks dissenting, the passage of a no-smoking ordinance in Chandler’s restaurants is providing some signs of relief from bar owners.

Proponents of a much harsher smoking ban, however, said they were disappointed by the decision.

“It’s an absolute copout,” said Dr. Leland Fairbanks, reacting to the news that only restaurants would be subject to the ban.

“Leaving out those areas (the bars) that are the most polluted and the most unhealthy places where nobody should be working without clearing the smoke, is completely unacceptable from a health standpoint,” said Fairbanks, chief advocate for smoke-free workplaces who guided passage of a more stringent ban in Tempe and Mesa.

Marguerite Munkachy, chairman of Chandler for Healthy, Smoke free Workplaces, said she was surprised and disappointed by the council’s overwhelmingly unanimous vote to not include the bars and accessory bars.

“It is absolutely egregious for this council to ignore the obvious health benefits to our community,” she said.

“Exempting bars and accessory bars is just ridiculous. These are some of the worst places; I just cannot abide by that decision at all.”

Compared to Chandler’s neighboring cities, however, the ban passed by the city council a week ago is by no means harsh. Tempe voters adopted an ordinance a year ago that represents the toughest legislation in Arizona thus far.

While advocates such as Fairbanks and Munkachy are displeased with the council’s decisions, bar owners say they’re breathing a sigh of relief.

“I agree with option C (the new Chandler ordinance), where they allow smoking in bars and smoking in accessory bars if they are separately ventilated or separately enclosed,” said Mike Cuneo, chairman of a group known as Chandler Citizens for Fair Non-smoking Laws.

“I’m 54-years-old and I’ve been going into bars and restaurants for a long time,” he said. “I don’t like eating dinner with smoke drifting over, but I’ve been in many bars and restaurants that have a separate room.”

Howard Kahn, owner of Howie’s Pub and Eatery in Chandler, testified at the council hearing that he’s seen what a sweeping ordinance has done to other sports bars in Tempe and Mesa.

“It’s a victory for freedom of rights and for business operators in Chandler,” he said. “Keeping smoking is much more critical in those areas (bars).”

Kahn suggested that, even with the new ban, it’s likely he will see a decrease in revenue because he feels the public won’t completely understand the premise of the ordinance.

“Until the whole state makes it their mission to make it no-smoking, picking cities apart one-by-one is a strong disadvantage to operators,” he said.

The ordinance goes into effect Oct. 1.

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