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HEALTH & PUBLIC SAFETY JUNE 18. 2012
<br />5:00 P.M.
<br />Committee Members Present: Dr. Fred Ferlic, Karen White, Tim Scott, Henry Davis
<br />Citizen Members Present: Kyle Chamberlin, Marcus Ellison
<br />Other Council Present: Valerie Schey, Dr. David Varner, Oliver Davis, Derek Dieter,
<br />Gavin Ferlic
<br />Other's Present: Jill Sabo, (Tobacco Free St. Joe Co.), Dr. Paul Guentert, Dr. Tom
<br />Soisson, Dr. Allen Engle, Dr. Mark Walsh, Dr. George Friend, Carl Nichols, Lindsey Grace, Ron
<br />Troyer, Cathrine Toppel, Kevin Clarity, Dr. Dan Kletzing, Dr. Cavelo, Jeff Levely, Terry Meehan,
<br />Jacqueline Cronk, Kelly Ray Bowen, Bruce Knutson, Cherri Peate, Kerry Gerschoffer, Mark
<br />Potuck, Larry Wolf, John Bergeroff, Jeff Flora, Nick Linarello, James Ford, Matt Zultanski, Carrie
<br />Dvis, Jesie Davis
<br />Agenda: Bill No. 21 -12 — Smoking Regulations
<br />Bill No. 24 -12 — Workplaces and Public Places
<br />Dr. Fred Ferlic, Chairperson of the Health and Public Safety Committee opened the hearing
<br />stating the bills before the committee would be heard in order of their filing. Councilmember
<br />Valerie Schey, the primary sponsor of bill 21 -12 concerning smoking regulations was called upon
<br />to begin the presentation. Valerie introduced Jill Sabo representing Tobacco Free St. Joseph
<br />County who spoke to the purpose and intent of the bill as well as the need. Essentially her
<br />message was that because of the exemptions for smoking in certain public places allowed in both
<br />the state law going into effect July 1, and those allowed in the recently passed county bill, a more
<br />comprehensive ban was in order. Following her testimony seven physicians each of different
<br />specialties proceeded to illustrate the devastating physical consequences of smoking and
<br />exposure to second hand smoke. Bolstering the doctors testimony were presentations from
<br />tavern and restaurant owners Jeff LefFley Manager of 11 Hacienda's and Terry Meehan owner of
<br />Fiddler's Hearth who said business had increased since they voluntarily banned smoking.
<br />Lindsey Grace from the American Lung Association state office in Indianapolis recounted the
<br />positive results in business and lack of enforcement issues in Indianapolis since that city enacted
<br />the ban. Elkhart City Councilmember Ron Troyer related the positive effects of the ban recently
<br />adopted in his city. Catherine Toppel, Director of South Bend Code Enforcement, said the
<br />administration was in support of the bill and she did not see any enforcement problems. Kevin
<br />Clarity followed with a hand out from the Campaign for Tobacco -Free Kids which argued that
<br />"smoke- free" laws have been shown nationwide to not have negative affects on business in bars
<br />and restaurants.
<br />Testimony in support of the smoking ban citizens not listed in the formal presentation. Included
<br />were Jacqueline Cronk, Kelly Ray Bowen, Bruce Knutson, Cherri Peate, representing Black Expo
<br />and Mark Potuck.
<br />Several Councilmember's wanted to ask the presenters questions at this point; but Chairperson
<br />Dr. Fred Ferlic asked citizens present to speak in opposition to the ban to speak first. Speaking
<br />against were nine people, at least five local bar owners among them. They argued their bars
<br />would be at a a competitive disadvantage unless the ban were county -wide. They and others
<br />also raised the issue of freedom of choice being compromised by government intrusion.
<br />Council questions followed the time allotted to those speaking against. Council President Dieter
<br />was adamant about the need for an enforcement plan. Oliver Davis, a co- sponsor, reserved
<br />support until he spoke with bar and restaurant owners in his district. Others questioned the
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