Not the way

Opinion

Discussion

December 14, 2012

Not the way

Only elected bodies should enact smoking restrictions

Anonymous The Independent The Daily Independent Fri Dec 14, 2012, 06:00 AM EST

ASHLAND — By a 2-1 vote, the Kentucky Court of Appeals has ruled an unelected county board of health can impose a smoking ban without the approval of the county fiscal court or any city councils or city commissions in a county. If it stands on appeal, the decision could greatly expand the number of counties in the state that restrict smoking in public. That would not bother us one bit except for how it is done.

Currently, countywide smoking restrictions are in place in 12 of Kentucky’s 120 counties. In counties like Boyd, cities like Ashland have approved ordinances to restrict public smoking, while the remainder of the county has let individual businesses and employers continue to establish their own rules about smoking.

The elected members of the fiscal courts in the 12 counties restricting smoking have done so by approving ordinances. That’s the way it should be. Restricting public smoking is so controversial in the state where tobacco was once the leading cash crop, that doing so should be done by the elected members of a county or city governing body who are accountable to the voters of the county or city.

However, in 2011, the appointed Bullitt County Board of Health approved a smoking ban in all public places, including restaurants, bars and some outside venues. However, the fiscal court and eight cities in the county opposed the ban and challenged the health board’s authority to restrict smoking in a lawsuit. The smoking restrictions were to take effect in September 2011, but enforcement of the restrictions has been delayed because of the lawsuit.

In its ruling, the court of appeals said state law gives health boards the authority to impose regulations or ordinances involving public health. We support restrictions on public smoking and wish more area cities and counties would follow the lead of the Ashland Board of City Commissioners in approving a restriction that has made dining in restaurants in Ashland much more pleasant and healthy.

Despite the threats of opponents of the Ashland ordinance to work to defeat those commissioners supporting the smoking restrictions, the ordinance had no noticeable impact the next time commissioners faced city voters. All were re-elected, and the smoking ban was not even an issue during the campaign.

That’s not surprising. With three out of every four Kentucky adults being nonsmokers, they far outnumber the minority who insist it is their right to puff away whenever and wherever they choose. And even many smokers say they prefer smoke-free dining.

While there is no question smoking is a health issue, we don’t think legislators ever intended the unelected members of boards of health to have the power to restrict smoking in public. Even if the Kentucky Supreme Court agrees with the appeals court when its ruling is appealed, as it surely will be, decisions on public smoking still should be left up to elected officials, not to appointed boards whose members most voters do not even know and have no way of influencing.

Text Only

Opinion

In Your View
Letters to the editor

May 12, 2013
On the increase
It’s certainly good news that a new report by Kentucky’s Tourism, Arts and Heritage Cabinet has found the economic impact of tourism grew by 5.2 percent in eastern Kentucky in 2012, outpacing the overall statewide growth rate. However, we would be more excited bout the report if we had more confidence in how tourism spending is calculated by state government.

May 12, 2013
After the crash
Like thousands of other Kentuckians, we remember well May 14, 1988, when a drunken driver traveling the wrong way on Interstate 71 near Carrollton struck a church bus returning home to Radcliff after day at King’s Island, causing one of he most deadly vehicle accidents in this nation’s history. The horrific crash killed 27, many of them teenagers, and injured 34 others.

May 10, 2013
High price tage
Much has been said and written about the rapid and dramatic decline of air passenger service at the Cincinnati-Northern Kentucky International Airport. Much less has been said and written about the tremendous economic impact the loss of air service has had on the entire region.

May 9, 2013
Return of pencils
It is a question asked by all of us whose lives and jobs are dependent on computers with email and Internet access, fax machines, cellphones and other other electronic essentials of this modern age: What do you do when the electronic devices fail?

May 8, 2013
Banned
If you live in Boyd and Lawrence counties and are thinking of burning trash, wood, leaves or other debris outdoors, here’s a word of advice: Don’t even think about lighting that match. If you do, it could cost you dearly.

May 7, 2013
In Your View
Letters to the editor

May 7, 2013
Few citations
When the 2011 Kentucky General Assembly approved a bill banning texting while driving and cellphone use for drivers younger than 18, there was widespread public support for both restrictions.

May 6, 2013
Booming times
Kentucky Secretary of State Alison Lundergran Grimes has launched a statewide tour to gauge public support for allowing more voters to cast their ballots before Election Day. While other states have enacted laws to allow early voting, the biggest obstacle to the proposal in Kentucky is the state’s history of widespread voter fraud.

May 6, 2013
Step backward
We agree with Larry Brown, the lone member of the Ashland Board of City Commissioners to oppose a motion requesting City Attorney Richard “Sonny” Martin to draft an ordinance changing the time for all commission meetings to noon

May 5, 2013
More Opinion Headlines

Opinion

Search Results

Discussion

Not the way

Only elected bodies should enact smoking restrictions

Site Map

Contact Us