Decision delayed on smoking ban (09/17/07)

The facts are in from a July hearing on a proposed countywide public smoking ban.

But it will take until at least December before a decision on the issue is made.

Dr. Stephen Myron, health officer with the Jay County Health Department, visited county commissioners this morning with a written summary of the events of the meeting.

Overall, nine people spoke in favor of the ban, according to the summary. Thirty people verbally opposed the measure and five said they were not in favor or against it.

"As you know it was a very heated meeting," said Myron, who plans to return with updated recommendations from the county board of health.

Many people who spoke at the July public hearing talked of detrimental economic consequences for businesses that could result from a ban. Others said it interfered with individual rights and personal liberty.

Some individuals said public safety is the main concern of the proposed ban.

Three people asked that the issue be left to voters, the summary said.

Brad Burkett, attorney for the commissioners, reminded those in attendance today that it would be very difficult to get the smoking ban issue approved for a public vote.

"Indiana has no provision for referenda," (on a smoking ban) in its constitution, Burkett said.

Myron said he and members of the board of health would meet again to review more evidence from the meeting and make recommendations.

A "compromise" could come from discussions, he added, that could allow for exceptions to be made for some public places.

"I think there's a way for both sides to be answered," Myron said.

Commissioner Gary Theurer said if a compromised decision is reached, he might go as far as approving county-funded signs indicating designated public smoking locations.

Theurer also said he supports tobacco prevention awareness as primary means of educating businesses and individuals about the dangers of smoking.

Both the health department and county commissioners said they recognized the need to allow businesses and individuals flexibility with a ban.

Also this morning, commissioners received a statement from Barnum-Brown Insurance, Dunkirk, about a claim for worker' compensation by a county sheriff's deputy that was denied.

The claim was made by deputy Bob Brown.

The claim stems from an incident where Brown suffered medical complications while working.

The Barnum-Brown statement said there was "sufficient evidence that this was not a totally unexpected event and that his immediate prior health situation would present a case that he actually brought this problem to the work place with him."

It went on to say deputy Brown could file to appeal the decision.

Brown had discussed the issue with commissioners last week, asking that vacation time he used while recovering be restored.[[In-content Ad]]