Cape Girardeau smoking ban group turns in signatures

A group that wants to ban smoking in bars and restaurants in Cape Girardeau has turned in a petition with 2,596 signatures, more than enough to put the issue on a city ballot as early as April.

Members of Breathe Easy of Cape Girardeau submitted the petition, which has to be certified within 20 days, to city hall last week, said city clerk Gayle Conrad. Conrad sent the 204-page petition on Friday to County Clerk Kara Clark Summers to make sure that at least the required 2,441 can be verified.

The group that petitioned to put the casino measure on the ballot locally took 12 days to certify, Conrad said, but the Thanksgiving holiday this week may slow down the process. If the signatures can be verified and certified, then she will take the petition to the Cape Girardeau City Council, which has up to 60 days to act.

If the council decides to enact the ban, then it would go into effect after going through the ordinance process, which requires two city council meetings and would likely involve a public hearing.

If the council votes to reject the proposed smoking ban or does nothing, it would be placed on the ballot in April or possibly June, depending on how quickly the process works, Conrad said. In order for the issue to be placed on the April 5 ballot, the Missouri secretary of state's office would have to be notified by Jan. 25. For a June 7 election, the state would have to be notified by March 29.

Breathe Easy member Dale Humphries turned in the signatures she collected last week after getting the pages notarized. Most of the signatures were gathered at Cape Girardeau polling places Nov. 2.

"I think it's only fair to let the people of Cape Girardeau vote on it," Humphries said.

Humphries has heard why some are against the ban. Some smokers have said it would violate their rights and business owners have said making their establishments smoke-free would eat into their profits.

"Continually, people call it a rights issue," Humphries said. "I consider it more of a health issue. Isn't it a right to breathe healthy air? We're not saying people don't have the right to smoke. I just wish they would go outside to do it."

The proposed ordinance would prohibit smoking in enclosed public places, including bars, restaurants, bingo halls, convention facilities, casinos and other retail shops. Violations would be punishable by $50 fines for customers and $500 fines for business owners who fail to comply. Repeat offenders could lose their business license under the proposal.

The ordinance looks to be debated at the council level, with at least two members already saying publicly they aren't in favor of passing the ban.

A small group of cigarette smokers is also forming organized opposition to the ban, arguing that it should be up to business owners, not a group of nonsmokers or even voters, to decide whether their establishments allow smoking.

"It's ridiculous," said Dave Nichols, who works at Rhea Optical in Cape Girardeau. "If it passes, we can go to Scott City or Jackson to spend our money. It's not right that a few people here in town want to legislate what we can or can't do. I think this would kill a lot of business."

Nichols points to his friend Tim Koch of Olive Branch, Ill. Koch went to Port Cape Girardeau to eat his lunch Friday and enjoy a smoke or two. The Smoke-Free Illinois Act, the statewide law there since 2008, prohibits smoking in practically all public places and workplaces. Since that's been enacted, Koch doesn't frequent Illinois bars or restaurants -- he comes to Cape Girardeau.

"If it happens, I'll just spend my money over there," Koch said.

But Humphries suspects it may help businesses.

"I don't go to restaurants that allow smoking, but if they were smoke-free, I would," she said. "One business said it would cost them 25 percent if they stopped smoking. How do they know it won't increase their business by 25 percent?"

smoyers@semissourian.com

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Pertinent address:

401 Independence St., Cape Girardeau, MO