Council sets special meeting tonight to settle smoking ban ballot issue

The Cape Girardeau City Council seems set tonight to place a proposed smoking ban on the April 5 ballot after receiving a memo from the city manager's office Thursday that says it is "very clear that the April date is the only way to meet all the requirements of the charter."

A special council meeting has been scheduled for 5:15 p.m. at city hall, 401 Independence St. The council will consider two proposed ordinances -- one that adopts the smoking ban outright and a second that sends it to a citywide vote April 5. The proposed ban would prohibit smoking in public places, including bars and restaurants.

City manager Scott Meyer said he and his staff sought legal advice and studied the city's charter before preparing the report.

"We pored over it and dissected it from a lot of different angles," Meyer said. "We boiled it down to find a way to make sure we meet the charter, and that was the focus here."

At its regular meeting Monday, the council considered an ordinance calling an April 5 election, which failed on a 4-3 vote based on the need for a supermajority. Those who voted against it said they wanted the issue to be put on the June ballot to give opponents and proponents of the smoking ban time to get their message out.

But that would not keep with rules laid out in the city charter. The only way for that to happen would be for Breathe Easy Cape Girardeau to withdraw its petition, which seems unlikely, Meyer said, or for the council to adopt the ban into law or put it to a vote of the people. Charter timing requirements dictate that an election would have to be April 5.

Mayor Harry Rediger, who voted Monday to put the issue on the April ballot, said he did not expect a repeat of Monday at the meeting tonight. While a supermajority of five votes is still required to pass tonight, he believes council members did not understand a June election would violate the city's charter.

"When the election will be is really not up for debate anymore," Rediger said. "Not that it's a done deal, but I'm really thinking it will pass."

A member of Breathe Easy did not return phone calls seeking comment late Thursday.

But Doc Cain, who owns the restaurant Port Cape Girardeau and opposes the ban, said he expects the council will set the vote for April. Cain's group, known as Stand Up Cape What's Next?, is still exploring options, he said.

"We're coming up with a strategy to let the citizens know how restrictive this ordinance is," Cain said. "We don't think some people understand that."

After Monday's meeting, Cain said, they were considering hiring a lawyer to look at how the signatures were gathered. Council member John Voss has also said he questions how signatures were gathered and whether those who signed it actually knew what the ordinance entailed.

As written, the proposal lists nearly 30 places where smoking would be banned, including bingo facilities, child care facilities, elevators, casinos, areas in hotels except in private rooms where smoking is allowed, lobbies, polling places, cabs, buses, retail stores and theaters.

The election would cost the city about $18,000 for the smoking ban election, in addition to the $18,000 it would cost for the wastewater treatment plant issue to be put on the ballot.

smoyers@semissourian.com

388-3642

Pertinent address:

401 Independence, Cape Girardeau, MO