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REGULAR MEETING MARCH 29, 2016 choices. The government does not know what is best for me or for these people. Look at public education or other public services, nothing comes out like the government promises. She stated she does not trust the Council or the government. Rick Ruszkowski, 233 S. Main St., thanked the Council for his opportunity to speak. Mr. Ruskowski stated no one here from the bars has heard from Gavin Ferlic in person or on their answering machine, he has not reached out to any of them. Mr. Ruskowski stated Gavin Ferlic held a news conference upon the proposal of this ban and issued a statement that the Council has enough votes to pass this legislation and that third times the charm. At the time of this press conference no public hearing had happened. Mr. Ruszkowski stated he is not comparing Gavin Ferlic to the Castros but dictatorship and communism started somewhere. This legislation is nothing more than a personal agenda of the few despite the impact it has on the many. The Councilmembers he spoke with were selected because of their willingness to hear, listen, and reason to opposition to what might be a strong belief for them not because they may be weak or persuadable. This proposed ordinance will not benefit anyone. The argument that it protects employees or patrons who do not have a choice is a lie. The stereotyping of people in the bar industry shows Gavin Ferlic's demeaning mentality. Most of the bartenders at Finnies have a white collar job during the day and bartend at night to supplement their own dreams and desires. The general manager at Finnies chooses to work there and also chooses not to smoke. Why does Gavin Ferlic and a few others on this Council feel the right to dictate what is right for me and the public? This Council is attempting to deny freedom to people and is an attack on our right to choose for ourselves, freedom of enterprise, and freedom of a privately owned business to make their own decisions. To Gavin Ferlic, Mr. Ruskowkski stated he stands with an army behind him and will stay quiet no more. Mr. Ruskowski claims Gavin Ferlic his attempt to place reigns on free enterprise and freedom of choice is deplorable and despicable, he has overstepped his bounds and ignored the oath and mission statement he swore to uphold. This behind the scenes work will not be forgotten. Thomas Plempe Sr., third district commander of the American Legion and oversees the four (4) county areas around South Bend, when Post 308 went nonsmoking a few years back they reversed it after a year because they almost went out of business. Jason Nielson, 52936 Highland Dr. 46635 South Bend, stated he owns a vape shop in South Bend that deal with the liquids and devices. He asked the Councilmembers if anyone of them learned anything about his business and vaping. He stated vaping has been lumped in with tobacco and it is not right. Vaping and smoking are not the same thing. He asked if they have learned anything about vaping, it is not the same thing. John Burgraph, 52187 Fur Rd. Granger, stated he owned a bar for twenty -six (26) years and it was a smoking bar. He submitted petitions that he stated have eight- hundred signatures online and he went to twenty -three bars and collected signatures from them as well. Both petitions were submitted to the City Clerk's Office. Councilmember Gavin Ferlic spoke in rebuttal to the opposition. He reported that Fort Wayne is seventy (70) percent of the population of Allen County, Columbus is fifty -five (55) percent, Franklin is sixteen (16) percent, West Lafayette is sixteen (16) percent, and Zionsville is twenty - three (23) percent. This is a broad range of cities with a comprehensive smoking ban with a number of different percentages of the county population. The CDC study does focus on cities where the county surrounding the city does not have a ban so the claim that we don't have data on a similar situation to South Bend is false. These were cities where the state did not have a ban just like our case would be. Regarding the changes that Indiana made bars make and spend money on, that was not the City of South Bend that required any sort of vents or doors, and Councilmember Ferlic stated his disappointment that Indiana did not take it a step further and provide comprehensive smoke free air like other states have done. Councilmember Ferlic stated he never said the Council majority had made up their mind or that "third times the charm ". The data is undeniable, secondhand smoke kills. The data is undeniable, that economically the bans do not have an economic impact. He implored the Council to think about the health of this City and think about members of their family and community that have suffered from heart disease, lung disease and cancer. The economic costs of secondhand smoke to the City of South Bend is 13