“There is a time and a place for everything, and the place for smoking is in a bar. Alcohol and tobacco go together like peanut butter and jelly.”
– Fred Wiegel, a representative of the Milwaukee Coin Machine Association

After four hours of fiery public testimony, Milwaukee aldermen appeared to be no closer to an agreement on a proposed citywide smoking ban on Thursday, March 2, voting 3-2 to hold the proposal.

The Milwaukee Common Council Public Safety Committee’s public hearing drew an animated overflow crowd to City Hall. Those in favor of the ban chastised aldermen for their inaction in protecting the public from the effects of secondhand smoke, while those against the ban — mostly bar and restaurant owners — lambasted them for attempting to take away their rights to lawfully operate their businesses.

“I’m tired of running, I’ve got nowhere else to hide,” said a pregnant LaShawnda Westmoreland. “You can’t hide from cigarette smoke … I can’t keep running from cigarette smoke.”

The proposal, authored by Ald. Joe Davis, would ban smoking “inside all enclosed public places and places of employment within the city,” the legislation reads, but provides several areas exempt from the prohibition, including private residences, outdoor patios and retail tobacco stores.

“No one should tell me how to run my business if I do it by the law,” said Robert Greenya, owner of Champions Pub on the East Side. “I put thousands of dollars into (the pub) to make it a place where people want to be.”

Meeting starts with heated exchanges

Hundreds of people flocked to City Hall for the 9 a.m. hearing, filling a committee room to standing-room-only capacity, packing two alternate viewing rooms and spilling into the hallways nearby. Some waited hours for only a 60-second chance at a small standing microphone at the front left side of the room.

Committee Chairman Ald. Bob Donovan opened the meeting, which was called to order almost 15 minutes late, with a brief explanation of the time each type of testimony would be allotted.

Davis was given five minutes to present his proposal, which was revised since his original proposal was announced on July 5, 2005. Most of Davis’ five minutes were spent on legislative procedure. When the timer beeped and Donovan asked him to step down, Davis continued speaking.

“As author of this legislation, I should be heard,” he said, “and if you cut me off, it’s a travesty of government.”

Davis stepped down, and Milwaukee Health Commissioner Bevan Baker presented the Health Department’s position on the smoking ban.

“We have missed the chance to become the first city to safeguard our citizens from the harmful effects of secondhand smoke,” he said. “I think this is a great city, but it will not be a hallmark city unless we become progressive.”

Ald. Mike McGee moved to bring Davis forward again to speak about the proposed ordinance. Only Donovan dissented to giving him three additional minutes to talk.

“Because of the arrogance and power of this committee, I refuse to have anyone dictate the courtesy to address this body,” Davis said. “We seldom cut off debate in chambers, we seldom cut off debate in committee … it’s a travesty, it really is and that’s unfortunate.”

Davis was only able to clarify some of the information regarding the exemptions he built into his proposal. Ald. Robert Puente scolded Davis for his earlier statements.

“When you attack this committee sir, I have to stand by it,” Puente said. “When you try to embarrass this committee, shame on you.”

Milwaukeeans, business owners speak

Representatives from various organizations, including the American Cancer Society, the Wisconsin Restaurant Association, the City of Milwaukee Youth Council and the Wisconsin Tavern League, were given two minutes to present their positions on the smoking ban. Members of the public who placed their name on a list before the meeting were allotted one minute to address the committee.

Public health advocates cited numerous statistics about the public’s exposure to secondhand smoke, smoking-related illnesses and deaths and the cost of health care for those who smoke. Others in favor of the ban spoke of their personal experience with smoky environments.

“I drink beer, but I don’t swirl the beer around in my mouth and then spit it into the guy next to me, his mouth,” said Robert Weiland, Jr., a non-smoker. “That’s what they’re doing with smoke in the bars.”

Some spoke of the health problems they have that force them out of public places that are not completely smoke-free.

Kathleen Albergo, a severe asthmatic, said, “I can’t go to your festivals, your zoo, your parks … If there is smoking, I’m not allowed. The 28 percent of smokers rule my life. The 72 percent of non-smokers in Wisconsin don’t rule anyone’s life because you guys don’t have the courage to (do something).”

Ald. Tony Zielinski offered to Albergo and a few others a “long list” of smoke-free restaurants in the city. Albergo’s husband Frank cut down Zielinski’s list.

“You carry around that list like it means something,” he said.

Despite arguments from bar and restaurant owners that employees know at the time of hire that they will be exposed to smoke during their employment, some service industry representatives said they have no other choice.

“I’m forced to work in a very unhealthy environment,” said Kim Zick, a local professional musician. “A large percentage of people who want to come out and hear music — I hear they don’t come out because there’s smoke.”

Bar and restaurant owners argued that a citywide smoking ban would be detrimental to their businesses.

“This is a very discriminating ordinance and you’re going to put me out of business,” said Howard Tietz, owner of the Thirst Fox on North Teutonia Avenue.

Sharon Ward, the Wisconsin Tavern League’s Milwaukee spokeswoman and owner of Wardski’s Bar on South 15th Street, spoke of bar owners’ right to operate their businesses as they see fit.

“(It is) our freedom to choose and our right … to allow our customers to smoke a legal product … in an age-restricted environment,” she said. “It (the ban) takes away one of our basic freedoms — to operate our businesses as we choose and to allow our customers to smoke or not.”

Many bar owners and patrons said bars are one of the only places left where people can go to smoke and argued that these establishments should be exempted from the prohibition.

“There is a time and a place for everything, and the place for smoking is in a bar,” said Fred Wiegel, a representative of the Milwaukee Coin Machine Association. “Alcohol and tobacco go together like peanut butter and jelly.”

Others against the proposed smoking ban worried about its enforcement.

Jennifer Garcia, a local tavern owner, said, “I can’t get a cop to police my block, my tavern area, my parking lot. If I can’t get that, who’s going to police the smoking ban?”

Mike Silvers, owner of the Leprechaun Lounge on West Wisconsin Avenue, said his job as a bartender should not include policing for smoking offenders.

“This makes about as much sense as making smoking necessary,” he said. “I don’t want to be turned into the smoke police. I’m a bartender.”

Smoking ban comprehensive, with limited exceptions

Davis’s proposal would prohibit smoking in all buildings open to the public with several exemptions:

• Hotel and motel rooms that are designated as smoking rooms.
• Outdoor patios.
• Private clubs or lodges.
• Private residences, except when used as a licensed day care center or other home-based business open to the public.
• Retail tobacco stores.
• Theatrical stages, when smoking is used in connection with a performance and is noted in the program.
• Any public place or place of employment whose owner can demonstrate that the air inside his establishment has been purified to match the quality of outdoor air.

Smoking would also be prohibited within 15 feet of the entrance to public places.

The ordinance would take effect three months after passage. Class B taverns — those that “derive at least 75 percent of their gross proceeds from the sale of alcohol beverages” — would have two years and three months to comply.

The Health Department would enforce the ordinance. According to the legislation, any person who violates the ordinance is subject to a $75 to $125 fine for the first violation and a $150 to $200 fine for the second and any subsequent violation within a calendar year.

Before the final vote was taken to hold the proposal in committee, Zielinski said he will push for an amendment that would completely exempt all bars and restaurants from the smoking ban.

Weighing benefits and costs

If Milwaukee adopts the proposed smoking ban, it would join the ranks of other smoke-free cities nationwide, including Los Angeles, New York City, Minneapolis and Chicago. In Wisconsin, both Appleton and Madison implemented smoking bans that took effect July 1, 2005.

According to “The 2006 Burden of Tobacco” report, more than 7,200 Wisconsin residents — including about 1,400 in Milwaukee — die from smoking-related illnesses each year, the Milwaukee Journal Sentinel reported on Feb. 26. According to the study, there are about 1 million smokers in Wisconsin, about 13 percent of whom live in Milwaukee.

Local bar and restaurant owners were resolute that a smoking ban would slash their revenue. Several said non-smokers should consider opening their own establishments.

“If it was so clear that the market place was for non-smoking bars, then there would be more (nonsmoking bars),” said Jessie Wray, Jr., owner of Porky’s J-Spot on North 27th Street.

Nonsmokers, however, argued that a smoking ban might be their only means of escaping secondhand smoke.

“When going out to dinner … we choose non-smoking sections,” said John Kowolkowski, a non-smoker. “However, we are still exposed to secondhand smoke. Smoke has no boundaries.”

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