[Intl-tobacco] Ottawa enacts toughest anti-smoking bylaw in nation (fwd)

[Robert Weissman]

Ottawa enacts toughest anti-smoking bylaw in nation
by Carolynne Wheeler / The Ottawa Citizen; with files from The Canadian Press
Source: Ottawa (Ont) Citizen, Thursday, 4/26/01

Ottawa voted to bring in the toughest anti-smoking bylaw in the country by
unanimous consent at city council yesterday.

The new law not only prohibits tobacco use in bars and restaurants, but
also in private clubs and Canadian Legion halls.

It was not that long ago that a much weaker law in Toronto was found to be
unenforceable. Smokers refused to be denied their nicotine fixes in bars.
Ashtrays remained on tables.

The Ottawa bylaw, which goes into effect Aug. 1, forces smokers to light
up only at home or outdoors.

"The overriding consideration is one of public health. You can't put your
dirty smoke in somebody else's lungs. And that's the bottom line," said
Mayor Bob Chiarelli.

Five amendments designed to phase in the bylaw and allow designated
smoking rooms proved futile. In the end the vote for an all-out ban was
unanimous, a victory for Ottawa's health department.

"This rivals the work that was done on safe water in the 1920s, it's akin
to the polio vaccination campaigns coming to town in the 1950s," said
medical officer of health Dr. Robert Cushman. "We all should be proud."

A year ago, the Ottawa restaurant association asked that its members be
allowed to set up designated smoking rooms, but when the association
realized this would be unfair to smaller establishments, even the
restaurant owners agreed to the total ban.

Despite the controversy that has surrounded the issue, councillors debated
for just over an hour, and voted on all amendments and the bylaw itself
before adjourning to attend the funeral of former Ottawa city councillor
Ron Kolbus.

Members of the Ottawa Council on Smoking and Health cried and hugged each
other after the vote.

"It's been a long hard road, little steps, but today was a really giant
step and I'm really thrilled," said council president Carolyn Hill, who
called on non-smokers to support smoke-free restaurants and bars.

Earlier this month, the health, recreation and social services committee
met for 15 hours to hear more than 100 presentations for and against the
ban.

The bylaw contains just one change from the original version presented by
the public health department: It bans smoking in taxis and limousines.

Staff will examine ways to help organizations that could be hurt by lost
revenue from charity bingos. Bingo operators have argued that more than
two-thirds of their clients smoke and a ban will cripple their business.

Councillor Madeleine Meilleur suggested the city could lower or eliminate
bingo licensing fees, and devote more city money to charities to make up
any shortfall.

The strict ban follows the example of Vancouver, Victoria, and Waterloo,
all of which ban smoking with no exceptions or allowances for designated
smoking rooms.

The Ottawa ban has outraged some restaurant and bar owners who say some
Waterloo nightspots now feel they must either break the ban or go
bankrupt.

"I think we've really dismissed the fears of the small business owners out
there who really believe in their hearts that they are going to be
adversely affected," said Councillor Rainer Bloess, who supported a
two-year phase-in for bars, but still voted for the bylaw after his
amendment failed.

The next step will be letting bars, bingo halls, bowling centres,
restaurants, Legion halls and all other work and meeting places know of
their responsibility. Patrons can be fined just over $200 on a first
offence, and managers could face fines of up to $5,000 if they allow or
encourage patrons to light up.

Director of bylaw services Susan Jones said there will be eight bylaw
officers on smoking patrol each day, and about 60 will be trained in the
bylaw's enforcement.

Bylaw officers in other cities have reported being spat on, sworn at,
beaten up, and locked into buildings. Ms. Jones said her staff will work
with police if necessary.