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Proposed no-smoking law could make ruling moot
Nonsmokers upset city law overturned

Published: Saturday, March 10, 2007 - 2:00 am


By Lorando D. Lockhart
STAFF WRITER
llockhart@greenvillenews.com


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If emotions were pictures, the steam coming from Dana Dyer's ears would sum up the way she felt when she learned that the city of Greenville's smoking ban was thrown out by a judge.

A nonsmoker who works downtown, Dyer said Friday that she was just getting used to the smoke-free atmosphere when Circuit Judge John Few ruled that the city's smoking ordinance violated the state constitution.

"I was upset because smoking is unhealthy, I think it's gross, it's disgusting, it smells bad and it's bad for you," Dyer said. "I don't think it's fair that people choose to do that and expose others to that. The laws protect them, and they are harming us, themselves and the environment."

But Dyer's concerns could be laid to rest, according to Sen. Larry Martin, R-Pickens, who said the state Senate approved a proposal Thursday that would give local governments the right to ban public smoking.

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The proposal has passed on second reading, and a third reading will be held Tuesday, Martin said. Should it pass then, it will go to the House.

"It would make the court case moot, and probably the appeals of the local bans would most likely be withdrawn," Martin said.

Still, Dyer wasn't the only person who was disappointed in the ban being lifted.

Gwen Sandiford was enjoying lunch with a friend at Two Chefs Delicatessen & Market and said the ruling disappointed her because she'd rather not be around the smoking. "I just don't like the smell of cigarette smoke," she said. "I prefer not to eat with it in the area or around me."

But if bars and restaurants did return to allowing smoke in their establishments, Sandiford said it wouldn't keep her from visiting them.

Greenville City Manager Jim Bourey said he believes most residents agreed with the smoking ban and the city plans to appeal Few's decision.

"There is obviously a lot of support for the ordinance," Bourey said. "We're going to get a lot of restaurants that don't go back to smoking."

Even though some restaurants may remain smoke-free, Bourey said the city would still appeal because there would still be establishments that would allow smoking inside.

The city has used in-house counsel in the case and will continue to do that, so the cost shouldn't be too much for city residents, Bourey said.

City Attorney Ron McKinney said he is a salaried worker and it would be difficult to put a monetary figure on how much time he has spent on the case.

David Walker is a nonsmoker who believes the decision should be left to bar and restaurant owners.

"I think they should have it where people can't smoke in the street because I'm walking on the street and I don't like it," Walker said. "But in a building, that's the owner's decision."

Christy Souther also works downtown, and while she isn't against smoking, she'd rather not have it near her.

"It's just more pleasant coming into a restaurant and not smell like smoke when you leave," Souther said. "I just don't want to smell like it."

Because she was previously used to visiting restaurants that allowed smoking and because the ban was in effect a little over two months, Souther said she would visit restaurants that allowed customers to light up.

Greenville's "Breathe Easy" campaign will continue despite the judge's ruling.

The "Breathe Easy" banners, decals and buttons were placed across the city after the smoking ban went into effect Jan. 1.

Bourey said the city will appeal the judge's decision within a couple of weeks, and in the meantime the smoke-free campaign will continue.

"We've heard from an overwhelming number of people who support the smoking ban, and some restaurants and bars will indeed remain smoke-free," Bourey said.

Staff writer Claire Anderson