The Baytown Sun (Baytown, Tex.), Vol. 85, No. 345, Ed. 1 Sunday, November 5, 2006 Page: 4 of 24
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I
OPINION
4A
Sunday, November 5,2006
THE BAYTOWN SUN
LETTERS TO THE EDITOR
Our
City of Bay town Special Election
choices
Vote against smoking ban
It’s time for clarification
for eliminating second hand smoke
I
SEE ADCOX • PAGE 5A
ADVERTISING
SEE LETTERS • PAGE 5A
L.
Angie Pagel, Advertising Director
angie.pagel@baytownsun.com
PRODUCTION
Raymond Jackson, Production Mgr.
raymondjackson@baytownsun.com
HOW TO REACH US
Clifton E. “Cliff” Clements,
Publisher
cliff.clements@baytownsun.com
Sandy Denson, Business Mgr.
sandy.denson@baytownsun.com
NEWSROOM
David Bloom, Managing Editor
david.bloom@baytownsun.com
Keith Magee, Asst. Managing Editor
keith.magee@baytownsun.com
Doyle Barlow, Sports Editor
doyle.barlow@baytownsun.com
Proposition 1
The proposed initiative ordinance, which prohibits smoking
within the City of Baytown in all enclosed public places and
places of employment and within 15 feet of their entrances
and which prohibits'''smoking in the seating areas of all outdoor
arenas, stadiums and amphitheaters.
[J For
--[ ] Against
JACK
ADCOX
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IRF.I) HARTMAN
Publisher Emeritus
1950-1074
202-224-2934
713-572-3337
Fax: 202-228-2856
Fax: 713-572-3777
cornyn.senate.gov/
contact/index.html
Ted Poe,
Dist. 2 Rep.
866-425-6565
866-447-0242
www.house.gov/
poe
Ron Paul,
Dist. 14 Rep.
202-225-2831
979-230-0000
www.house.gov/
paul
Gene Green,
Dist. 29 Rep.
202-225-1688
713-330-0761
www.house.gov/
green
WRITE TO US
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s'
EDITORIAL BOARD
Clifton E. "Cliff” Clements
Editor/Publisher
Jim Finley
retired Managing Editor
Doyle Barlow
Sports Editor
U.S. Senate: Kay Bailey Hutchison, R (I)
As the first female U.S. senator from Texas, Kay
Bailey Hutchison's accomplishments are unparal-
leled. Her work for Texas in the Senate has
improved the quality of life in our state for all of
her constituents, ,
With Hutchison's leadership in the Senate, the
greater Baytown area's interests and those of all
Texas will be well served.
U.S. House, District 2: Ted Poe, R (I)
Voters should re-elect Ted Poe. After one term,
the former Harris County district judge has proven
he is the right man to represent the 2nd
Congressional District that includes the eastern
portion of Baytown within Harris County.
A Texas conservative, Poe is no party-line
dancer, quickly criticizing stances that are out of
line with his home district's values.
U.S House, District 29: Gene Green, D (I)
Democratic incumbent Gene Green is our
choice. Green doubles our benefit with broad leg-
islative experience and knowledge of Baytown
derived from previous stints representing us in the
Texas House, and then in Congress when the 29th
District originally included Baytown in the early
90s. During his terms in the U.S. House,
Congressman Green has been a champion of edu-
cation, labor, and health issues.
U.S. House, District 14: Ron Paul (I)
U.S. Rep. Ron Paul gets our nod for re-election.
Paul, a former Libertarian candidate for presi-
dent, is the leading spokesman in Washington for-
limited constitutional government, low taxes, and
free markets Paul makes it clear that his principles
will never be compromised. There are few people
in Washington who stick to their principles.
Texas Governor: Anyone but Rick
Although each major challenger has strengths
and weaknesses, in the final analysis, it comes
down to a rather simple conclusion for the majori-
ty of The Sun editorial board: anyone but Rick.
Based on his track record, Perry does not deserve
re-election. It's time to let someone else to take a
shot at it.
Texas Lieutenant Governor: David Dewhurst
Dewhurst is Texas' brightest hope for true lead-
ership, considering the likelihood Gov. Rick Perry
is re-elected. He will offset another term of lack-
luster performance by Perry.
that the ordinance we have now is working
fine and there have been very few complaints
as of lately.
yourself you will find these ordinances are
not alike at all as Dr. Ehlers has stated. Dr.
Ehlers has also stated that the Smoke Free
Coalition believes that the requirement to
have signs on your vehicles is just a red her-
ring, however their ordinance clearly states
on Page 7, section 43-104, a b and c, specifi-
Government officials
Federal
George W. Bush,
President
202-456-1111
Fax: 202-456-2326
president®
whitehouse.gov
Dick Cheney,
Vice President
202-456-2324
Fax: 202-456-2461
vice.president©
whitehouse.gov
Kay Bailey
Hutchison,
Senator
202-224-5922
713-653-3456
Fax: 202-224-0776
Fax: 713-209-3459
hutchison.senate.
gov/e-mail,htm
John Cornyn,
Senator
V
Should individuals expect their government to
protect their health by banning smoking in bars
and restaurants? Or should it be up to each indi-
vidual to decide whether to smoke, whether to
go to a bar that permits smoking, or whether to
permit smoking on his own property?
These questions are the heart of the debate
over the city of Baytown’s proposed smoking
ban.
While well-intentioned, the proposed ordi-
nance is poorly written and could open the city
up to all sorts of legal wrangling and confusion.
That is why we recommend voters reject the
proposal. Further, we would also urge the doc-
tors who wrote the ordinance to rework it and
bring it back to voters at a later date.
Supporters can’t expect us to endorse, or vot-
ers to pass, an ordinance that is well intentioned
but badly written and that could make things
worse.
The Baytown Citizens for Property Rights
would agree the city should have an ordi-
nance to protect all citizens. If a business
owner chooses to allow smoking in their
establishment, they should certainly post
signs stating such.
Baytown currently has one of the strongest
smoking ordinances in the state of Texas just
short of a ban. The existing ordinance
requires signage on all entryways and if
smoking is allowed requires separate rooms
and separate ventilation systems as well as
giving a minimum of 50 percent of seating
capacity to a non-smoking area for restau-
rants and a minimum of 50 percent of the
square footage for non-smoking in all other
businesses excluding bars.
In the case of bars, you are limited to 25
percent of your gross sales as food. The
existing ordinance has specifications for ven-
tilation, Prop 1 does not. The existing ordi-
nance does protect the citizens. In fact the
rooms without all the additional regulations
in Proposition 1. They also exclude restau-
rants, hotel-motel rooms, conference rooms
and public and private assembly rooms while
places are being used for private functions
except while contracted food or beverage ser-
vice functions are taking plack
A copy of the El Paso ordinance may be
viewed at www.baytowncitizens.com. I _____ __________________
believe that if you will make the comparison could jn no way afford health
j" vehicles and their personal liberties?
Proposition 1 does effect your home in cer-
tain cases as stated in Section 42-102,42-108
and 42-109. If a commercial vehicle is
parked in the driveway, Section 42-101 states
you cannot smoke within 15 feet of that vehi-
cle. It could well be interpreted that if you
work out of your home or have people work-
ing in your home, your home could then
becorife a work place. Again, I have a prob-
lem voting on an ordinance that can be inter-
preted and is in fact written in such a manner,
even though the Smoke Free Coalition says
that wasn’t what they meant.
A judge rules on the letter of the law and
not what a group of people say they meant.
Dr. Ehlers also stated in his letter to the edi-
tor of Jan. 22 that businesses affected by the
ban on smoking don’t offer insurance to their
employees because the cost would be prohib-
ited for employees in such a dangerous work
environment.
As a small business owner, I have to won-
der how Dr. Ehlers could possibly know if
any bf my companies do or do not offer
employees health insurance. I do not remem-
ber at any point when applying for health
insurance if I worked or frequented a place
that allowed smoking. The truth is many
small businesses struggle to survive and
maintain a profit. The businesses he refers to
usually have so many employees that they
j :----...... -zr-.j i. ..i.^ jnsurance on
all employees whether there was smoking
allowed or not. Maybe if the health care
industry were a little less negligent causing
less deaths and injuries which they claim to
cally that you will do so
and four times throughout
their ordinance vehicles are
mentioned.
Whether they intended on
the signage or no,t they
certainly intended to cap-
ture your vehicles. I per-
sonally have a problem vot-
Smoking health effects
As we near the day of the big deci-
sion,! wanted to write another letter
to express my thoughts and opinions
on the smoking ban in Baytown. I
wrote a letter a few months back
about my son being affected by a
genetic disease called Cystic
Fibrosis.
Halloween in November
It seems that those opposed to
eliminating second hand smoke in
public places and workplaces think
that Halloween falls in November! As
all good Halloweeners would do, they
are employing! the scariest tactics
they can by drumming up scenarios
that drive fear into the hearts of all of
us.
The one I like best is the implica-
tion that if the smoking ordinance
passes, the next thing would be that
the government would be telling us
what religion we can practice. Can
you really conceive of the folks tn the
government being able to come to
consensus on one religion? I doubt it.
The one about Trans Fats isn’t bad
either although 1 thought we were
only eating American fries these
days. The one about not being able to
smoke in your own home is pretty
good to but a little far fetched for me.
I suppose the opposition is pretty
upset with the government for step-
ping in during the spinach crisis and
pulling all of that good stuff off the
shelves. If you follow their logic the
government had not right to interfere
with the farmers and food processors
from earning a living. The right thing
to do would have been to post a
warning that spinach could be dan-
gerous to your health and let every-
one make their own decision.
The smoking ordinance is not
about big business it is about protect-
ing the health of our community. It is
true that our men and women in the
armed forces fight for our freedoms,
one of which is the right to breathe
clean air.
You can help save a life by voting
Don't forget to vote Tuesday.
The following is a recap of issue and
candidate endorsements made by The Sun
for most major races. “I” denotes incumbent:
David Bloom
Managing Editor
Jane Howard Lee
retired Reporter
Keith Magee
Asst. Managing Editor
| the existing ordinance except for including
bars. The existing ordinance does not consid-
er your vehicles a workplace, does not take
your hotel rooms, does not require the
enforcement by owners, operators, managers)
employees, etc ..., nor does it under any
stretch of the imagination take in your home.
A copy of the existing ordinance may be seen
on the city’s web site,
www.cityofbaytown.org.
Dr. Ehlers has represented on numerous
occasions and most recently Houston
Chronicle article dated Nov. 2 that El Paso
has the same ordinance in effect that the
Smoke Free Coalition has proposed as
Proposition 1. The fact is the El Paso ordi-
nance does not regulate vehicles, company or
otherwise, did not exempt the psychiatric
ward or nursing homes. They do however
give 25 percent exemption to hotel-motel
Section 42-104: Mandatory posting
of 10X14 inch “no smoking” sign in
every public place and place of
employment. Place of employment is
expressly defined to include vehicles.
Sec. 42-107. Enforcement.
Smokers are subject to fines. An
owner or controller of a place where
smoking is prohibited and fails to
comply with the article, includes
posting a sign, is guilty of an infrac-
tion, first violation—$100, second
violation—$200, third violation—
- $500. Remember—selective enforce-
ment not allowed per U.S.
Constitution.
Violation of the ordinance is
declared to be a public nuisance.
Director of Health can bring action to
enjoin, and city can take action to
recover the costs of the nuisance
abatement. An employee or private
citizen can sue the city to enforce the
provisions.
I do not smoke and I hate second-
hand smoke, but I love the U.S.
Constitution. I believe that if it is so
important to pass a no-smoking ordi-
nance, it should have been written
correctly and in accordance with the
Federal and State Constitutional
rights of every citizen.
Reba A. Eichelberger
Baytown
BAYTOWN’S BURNING ISSUE
Mandatory reading
Please forget all the rhetoric and
stop reading the pros and cons about
the no-smoking ordinance instead
read the proposed no-smoking ordi-
nance before voting. It should be
mandatory especially if you are
endorsing and urging others to vote
for the ordinance. At least read the
following: Section 42-99: Prohibition
of smoking in places of employment
are without exception, including
vehicles and private vehicles if used
in the course of employment,
(remember that tax deduction for
using your vehicle in the course of
employment).
from all public places and work-
places.
S. Jeffrey Ackerman, M.D.
CEO San Jacinto Methodist Hospital
Baytown
ing on any ordinance when
I am being told; Yes it’s in
there, but I really didn’t
mean it. In the Baytown Sun article, dated
Nov. 1, Dr. Ehlers stated they had considered
using a polling company to inform the voters
of the upcoming election, but has not yet
committed any funds to the service. In the
same article the Baytown Sun reported on
their recent financial that they had in fact
spent $9,033 on that phone bank. Also, in the
same article, Dr. Ehlers states that
__________ _____________________________ Proposition 1 ordinance pertains in no way
city’s health director, Mike Lester, has stated shape or form to smoking in the home He
■ • ■ said, “That violates personal liberty.”
I would have to wonder about the personal
liberties of all business men and their proper-
“ Dr. Ehlers has-stated on televised Council™.
meetings and in numerous newspaper articles
that the proposed ordinance is the same as
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Clements, Clifford E. The Baytown Sun (Baytown, Tex.), Vol. 85, No. 345, Ed. 1 Sunday, November 5, 2006, newspaper, November 5, 2006; Baytown, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1192346/m1/4/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Sterling Municipal Library.