Whitestown reopens smoking ban

By Ben Woodson/Times Sentinel writer

May 21, 2008 04:23 pm

— Whitestown — The Whitestown Town Council was forced to reopen the issue of its smoking ban in public buildings because the ordinance was poorly written and unenforceable.
The council voted 4-1 Tuesday, May 13, to authorize the town’s attorney to amend the ordinance to make it enforceable, and come back with a new version to the council for possible approval.
The usual sides in this argument were represented at the meeting, with the pro-ban side saying it is an issue of public health and non-smokers shouldn’t be forced to inhale second-hand smoke, and those opposed saying the government should not tell businesses how to operate.
Town council member Kevin Russell, the sole dissenting voter, said the decision to allow smoking or not should be left up to private businesses, not the government. The public can decide if they want to go to a business that allows smoking, he added.
Town council president Jason Tribby said he just wants to fix the ordinance.
Town council member Susan Austin said the ordinance might be changed to allow smoking if the smoking area is completely enclosed and partitioned off. Tribby agreed with that statement.
The town council passed an ordinance banning smoking in public places that became effective in October 2006, but it became evident recently that it could not be enforced when D.C. Pub on State Road 334 allowed smoking in its restaurant and bar.
To add more confusion, it was not clear what ordinance the council meant to pass in 2006 because two different versions were available. The signed version of the ordinance, which is the official one, had many errors that Whitestown’s attorney Chris Janak said made it unenforceable.
However, the copy of the ordinance that was published in the newspaper in a legal notice — the final step in approving a new ordinance — was different than the copy signed by the town council members. The one published in the newspaper was actually the initial version submitted to the town council, and did not have the problems of the final ordinance signed by the town council members.
The signed ordinance gave enforcement power to the Boone County Sheriff, but Whitestown Town Council President Jason Tribby said the sheriff has said he will not enforce town or city ordinances; The ordinance published in the newspaper gave the enforcement power to the Whitestown Town Marshal, who is willing and able to enforce it.