St. Louis News Blog

Photo: Jenn Silverberg

Hannegan lighting up at one of his favorite haunts, Herbies' Vintage '72.

​St. Louis' most tireless smoking-ban opponent Bill Hannegan stopped by the Riverfront Times the other day. In so doing, Hannegan hinted how his Keep St. Louis Free plans to topple the ban in the city that is slated to go into effect January 2011.

The strategy, says Hannegan, would be to challenge the ban's exemption that allows for smoking to continue unabated in St. Louis casinos.

A quick refresher for those of you not caught up on the issue: On November 3, voters in St. Louis County overwhelmingly voted in a smoking ban that also triggered a somewhat similar ban for the city of St. Louis.

Both the city and county laws exempt casinos from the smoking bans. In the county, so-called "drinking bars" whose alcohol sales outweigh food sales by a margin of 3 to 1 will be exempted from the ban indefinitely. In the city, bars of a certain size (less than 2,000 square feet) are also exempted from the ban but only for a period of five years. After that, all bars will be smoke free.

The sunset provision of the city's ban particularly irks Hannegan. "This is going to hurt bar owners in the city a lot more than in the county," he says.

So, if Hannegan is so concerned about how the ban will impact bar owners, why is he now targeting the casinos?  

Today Bill Hannegan, founder of Keep St. Louis Free, stopped by the Riverfront Times to pay off a bet.

As regular readers know, Hannegan and his group are dead set against smoking bans in St. Louis. Over the past few months, Hannegan and I have shared a few online jabs. In a post back in July I bet Hannegan that voters in Kirkwood would approve a smoking ban.

And that's just what they did on Nov. 3, as did all voters in St. Louis County by a margin of nearly 2 to 1.)

Hannegan (left) serves up some refreshments.

​
But don't count out Hannegan yet. He and others are now planning to challenge the St. Louis City smoking ban in court.

More details on that later this week. Right now, I have more important tasks at hand. Twenty-four more important tasks -- to be precise.

​Even before voters in St. Louis County overwhelmingly approved a smoking ban last week, opponents of the ban warned that they might challenge the statute in court. 

At a press conference in October, Bill Hannegan of "Vote No on Proposition N" and Keep St. Louis Free said he and others were examining the constitutionality of the ban.

While opposed to any law prohibiting smoking, they argue that the the county ordinance is particularly unfair because it exempts casinos and bars that derive 75 percent of their revenue from alcohol sales.

Under this argument, smoking advocates say  businesses exempted from the ordinance would unjustly draw patrons away from establishments (such as restaurants and bowling alleys) that must abide by the ban. 

"There's reason to believe that such exclusions would be illegal under the law," said Hannegan back in October.

A day after last Tuesday's vote in St. Louis County (which also triggered a somewhat similar smoking ban in St. Louis City) Hannegan was quoted in the Nov. 5 Post-Dispatch saying much the same thing.

From the P-D:

Bill Hannegan, an activist against both smoking bans, said opponents met Wednesday with lawyers to discuss ways to overturn them.

He called the county ban unconstitutional "special-interest" legislation that favors casinos.

So how 'bout it? Is the county smoking ban unconstitutional? Or is Hannegan and other anti-ban folks just blowing smoke?

Daily RFT recently discussed the county's smoking ban with three area experts on constitutional law. Their consensus?

www.stevestenger.com

​By now you've probably heard how St. Louis County Councilman Steve Stenger was flabbergasted Tuesday when a casino executive "muscled" him prior to a council meeting.

As Stenger told the Post-Dispatch yesterday, the chairman and chief executive of Pinnacle Entertainment, Daniel Lee, and his entourage cornered Stenger (D-Affton) on Tuesday night just before the council was set to vote on a controversial casino proposal for north county.

The Las Vegas-based Pinnacle is finishing up a $357-million casino in Stenger's south county district and the casino boss didn't want Stenger to vote in favor of yet another casino in the St. Louis area.

Trouble is, Stenger just can't say no to casinos -- any casinos.

That crisp, clean air you're smelling this morning? Ladies and gentlemen, that's progress!

That's (dare we say it?) the future!
 
​Yes, like a scene out of a movie, yesterday the George McFlys of the world stood up to the bully Biffs and victoriously took back our future.

By an overwhelming margin of nearly 2-to-1, voters in St. Louis County stood up to the tobacco lobby and folks who'd prefer to keep this region a 1950s backwater and passed an indoor smoking-ban for restaurants and a great many bars. The vote in the county means that a similar measure in St. Louis City will also go into effect. 

The lopsided vote (89,701 in favor of the ban vs. 47,585 against) suggests that Councilwoman Barbara Fraser could have drafted an even tougher smoking ban.

​At long last, the measure discussed ad nauseam in this here blog and other local media is before St. Louis County voters today.

Should the majority of county voters today say "yes" to a smoking ban, a (somewhat) similar smoking ban would also go into effect in St. Louis City.

Neither smoking bans are blanket prohibitions.

In the county, taverns that earn less than 25 percent of their revenue from food sales (establishments deemed "drinking bars") would be exempted from the ban.

In the city, small taverns (defined as having customer space of less than 2,000 square feet) would have a five-year grace period in which to transition to non-smoking. Both the county and city smoking bans would exempt casinos, and neither bill would go into effect until January 2011.

Obviously, this legislation is going to affect a great deal of people. Yet despite that, few county residents (perhaps just 10 percent of registered voters) are expected to show at the polls today.

That's why this blog post is for the majority -- the 90 percent of you too lazy to go to the polls or those who don't live in the county and can't cast a vote anyway.

Where do you all stand on the issue? Continue on to cast your vote.

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​Or, a better question: do the results count?

There are some important issues at stake in the off-year election coming up on November 3: Proposition N, the smoking ban initiative on which the fate of the city's recently passed ban hinges, and E-911, a sales tax hike that would boost funding for all county police, fire and ambulance districts.

Problem is, some people are predicting a voter turnout as low as 10 percent. To put that in perspective, parts of Taliban-controlled Afghanistan had a higher voter turnout than that.

Today's meeting was a lesson in how sausage -- and cigarettes -- are made.

​As mentioned on this here blog earlier today, the St. Louis Board of Aldermen approved by a 20-7 vote a bill that would prohibit smoking in most bars and restaurants should voters in St. Louis County also approve a smoking ban on November 3.

The nearly-four-hour debate inside the board chambers was one of the longest in memory with aldermen attempting to attach no less than five separate amendments to the bill.

Doing their best to hold up passage of the bill was a block of south city aldermen -- Ken Ortmann (Ward 9), Stephen Gregali (Ward 14) and Stephen Conway (Ward 8) -- who did everything but read out of the telephone book in their attempt to delay a vote.

In the end, though, the bill passed with the addition of one amendment designed to aide small taverns defined as those establishments whose customer space (all areas besides kitchens, bathrooms and storage rooms) measures less than 2,000 square feet. Taverns under that size would have five years to adhere to the ban once it goes into effect.

As it stands now, the city ordinance would become law on January 1, 2011, but only if voters in St. Louis County approve a smoking ban at the ballots on November 3.

The board debate was sparked by much grandstanding and hyperbole, but none more entertaining than a speech by Freeman Bosley Sr. (Ward 3) who explained to his colleagues how tobacco is processed. According to the alderman, tobacco is left to dry in barns where it attracts all types of vermin including "oppossums, rats, waterbugs and cockroaches."

"Then they come up and scoop up all that tobacco and grind it up with the insects and animals in there and then they spray it with formaldehyde," said Bosley. "When you smoke and you hear something pop and crackle in the cigarette, that's rat's eyeballs burning up!"

Other highlights of the morning included:

The St. Louis Board of Aldermen ended a three-and-a-half hour debate this afternoon and approved 20-7 a bill to ban smoking in most bars and restaurants in St. Louis.

The amended bill excludes casinos and bars smaller than 2,000 square feet in size.

Those voting against that ban were:

• Ken Ortmann - Ward 9
• Fred Wessels - Ward 13
• Stephen Gregali - Ward 14
• Frank Williamson - Ward 26
• Samuel Moore - Ward 4
• Bill Waterhouse - Ward 24
• Matt Villa - Ward 11

More details to come later...

This dugout belong to Digger, or someone else?

​Nearly two years after Illinois enacted an indoor smoking ban in all restaurants and pubs in the state, officials in Madison County have fined their first bar for violating the ban.

An article in today's Alton Telegraph reports that county health department officials cited the tavern back in August for not adhering to the ban. The bar -- located in Worden, Illinois -- has since paid a $250 fine.

The newspaper article doesn't mention exactly what health officials found people smoking inside the tavern. We'd assume it was cigarettes. Then again, the name of the bar is Digger's Dugout.

Perhaps that's a baseball reference. Perhaps not.

A somewhat unlikely group of bar owners, bowling advocates, tobacco salesman and -- yes -- a Christian radio host, gathered today in University City to announce their opposition to a smoking ban proposal for St. Louis County.

​Aldermen in St. Louis are considering mandatory warning labels for city bars that continue to allow smoking indoors.

The signs would be posted prominently inside the establishments and state: "Warning: Smoking Allowed Here." (St. Louis is one of the minority of U.S. cities without a smoking ban.)

The idea for the signs was hashed out yesterday in a committee meeting in which the city's Board of Aldermen is considering a smoking-ban bill first introduced last May. Passage of the controversial bill still needs full approval from the board, and would only become law if voters in neighboring St. Louis County pass a similar smoking-ban issue in November.

As it stands now, the smoking-ban bill is a watered-down version of the original, thanks in part to aldermen frightened that the ban will impact sales taxes generated from tavern-goers known for their love affair of tobacco and beer -- especially the brew from St. Louis' own Anheuser-Busch. It also doesn't help that three of the city's 28 aldermen happen to be bar owners.

facebook.com/bruce.colella

Bruce Colella

​One gets the feeling that Wildwood City Council meetings might actually be worth checking out.

Last spring a former councilman in the west county suburb made headlines when he presented an outgoing official a necktie emblazoned with the man's photo and the words, "I Am Sofa King We Todd Did."

Then last week councilman Bruce Colella publicly announced his resignation during a factious debate when Mayor Tim Woerther said he would veto tough public-smoking ban endorsed by Colella.

To be sure, the smoking-ban debate in St. Louis and municipalities such as Wildwood has been heated this year, but this is the first we've heard of a public official resigning over the matter.

But did Colella really resign? Yes and no.

​The St. Louis Board of Aldermen's Health Committee yesterday delayed voting on a bill to ban smoking inside city bars and restaurants.

Tuesday's meeting was adjourned so aldermen could wait until next week to receive an estimated economic impact of the ban. Chief among the aldermen's concerns is a ban proposed in St. Louis County that goes before voters on November 3.

The county ban would still allow smoking in "drinking establishments" that earn three-fourths of their income through the sale of alcohol. The city ban, meanwhile, would ban smoking in all bars and restaurants without exception.

As alderman Stephen Conway told St. Louis Public Radio yesterday, the fear is that the city could lose the tax revenue of smokers if it enforces a stricter ban.

flickr.com/photos/catatronic

Clove cigarettes are all smoked out.

​A guy walks into HSB Tobacconist in the Delmar Loop on Wednesday afternoon and asks Rick, the store manager, for a pack of Djarum Black Cloves.

Rick laughs. "You living in a cave? Monday was the last day we could sell cloves. The flavored cigarette ban started yesterday. You want a clove cigarette? Get some tobacco, buy some cloves and make your own."

The customer settles on a pack of American Spirits instead. To get them, Rick reaches past several empty racks that used to hold packs of cloves.

charliedooley.com

Charlie Dooley

​St. Louis County Executive Charlie Dooley this morning signed a smoking-ban bill that will bring the measure before voters on November 3.

Dooley endorsed the bill despite objections from health agencies -- including the American Cancer Society -- which wanted him to veto what they view as weak legislation that doesn't fully ban smoking in public places. 

Smoking debate drags on.

​As mentioned yesterday on this blog, folks on both side of the smoking ban debate aren't happy with a bill that would ask St. Louis County voters to prohibit tobacco use in most businesses.

For smoking advocates and many business owners, the bill is an unfair encroachment into their rights. For members of the anti-smoking campaign, the bill -- which would exempt casinos and "drinking" bars that earn 75 percent of their sales through alcohol -- is too weak.

To that end, today the American Cancer Society, American Heart Association, and the American Lung Association issued a joint statement to St. Louis County Executive Charlie Dooley asking that he veto the bill before it makes its way onto the November 3 ballot.

In the statement (attached at the end of this post) the health agencies warn that, if approved by voters, the current legislation would allow taverns to receive a license (virtually unchecked) permitting smoking in their establishments. "In effect, this will give bars a county-issued license to harm the health of its employees and patrons," the letter reads.

​It's not a perfect bill, but it's the best one County Councilwoman Barbara Fraser thought she could get her fellow council members to endorse.

"We qualify for exemption from the ban -- Scout's honor."

​The bill that could go before voters banning smoking in some St. Louis County establishments would rely on the word of bar owners to determine whether or not their tavern should be excluded from the ban.

As the bill currently reads, casinos and bars that generate 75 percent or more of their sales from alcohol would be excluded from the ban. But the county does not plan to check the sales receipts from bars and taverns to make sure they actually qualify for an exemption. Instead bar owners would send the county a notarized statement swearing that they qualify for the ban.

It's not hard to see how unscrupulous bar owners could easily exploit the system to avoid the ban, yet county officials say there's nothing they can do.

The St. Louis County Council voted 4-3 last night to move forward on a bill that would ask residents to vote on a smoking ban on the Nov. 3 ballot.

The bill exempts casinos from the ban as well as taverns that generate more than 75 percent of their revenue from alcohol sales. Those exemptions would be rescinded, though, if the state or St. Louis City passes a tougher smoking ban that prohibits tobacco use in those facilities.

Members of the St. Louis County Council could vote tonight on a proposed bill that would ask its residents to vote on an indoor smoking ban.

Prior to tonight's 6 p.m. council meeting, the group Smoke Free St. Louis plans to hold a rally in downtown Clayton in support of the ban. The rally begins at 4:30 p.m. in front of the Lawrence K. Roos building. (Map here).

The group's Facebook site encourages both St. Louis City and County residents to attend tonight's forum as the city won't pass a similar bill unless the county does as well.

keepstlouisfree.blogspot.com

​Keep St. Louis Free, a group opposed to local smoking-ban efforts, launched this week an advertising campaign to try to block such a ban from going up for public vote in St. Louis County.

Bill Hannegan -- spokesman and founder of Keep St. Louis Free -- mentioned the advertisement in a comment to a blog post I wrote last Friday.

Hannegan mentioned that the ad may eventually run on KMOX (1120 AM). For now, though, the ad (available for your listening pleasure here) is running on KSIV -- a Christian network that broadcasts on 1320 AM and 91.5 FM.

The 60-second spot features a Pastor Hendrick (of which church/denomination we know not) questioning a possible provision to the county smoking ban that would exempt casinos from the ordinance.

 Ever hear of the IPCPR? No?

Well, they're not quite the NRA, but they do lobby hard for what they believe is a fundamental right for all Americans: the right to smoke in public.

Today the International Premium Cigar & Pipe Retailers Association sent out a release alerting media that it will fight a bill that would have residents of St. Louis County vote on an indoor smoking ban for bars, restaurants and other businesses.

"We want to go on record as being against this proposed ban and any legislated smoking ban, for that matter," states IPCPR's legislative director, Chris McCalla. "Government should stay out of private business decisions like this. If a business owner decides to prevent smoking on the premises, that's fine. It's his or her individual right to do so."

McCalla continues that "anti-smoking forces" use misinformation and "junk science" to arrive at bogus claims about the true risks of second-hand smoke.

The St. Louis County Council last night was presented a bill that would ask residents to vote on an ordinance banning indoor smoking in bars and restaurants.

The bill proposed by council member Barbara Fraser had few provisions, though more could be added next week. Among those being considered are clauses that would allow smoking outdoors, in casinos and a certain percentage of hotel rooms.

charliedooley.com

There are no horse-drawn carriages on Charlie Dooley's website, but there are old cars.

The council must approve the bill by August 23 in time for the ordinance to make it onto the November ballot. At this point, it's unclear how many council members support the ban and a big hurdle could be St. Louis County Executive Charlie Dooley, who torpedoed a similar ordinance in 2006.

Asked yesterday by the Post-Dispatch if the county executive would veto the ban, Dooley's senior advisor Mike Jones said the question "puts many carts ahead of the horse."

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But first the County Council must pass a proposal that would allow residents a voice in the matter.

The council could vote on the proposed referendum as early as tonight, allowing the issue to go before voters in November.

Council member Barbara Fraser tells the Post-Dispatch this morning: "I think a ban would be great for the county, and the timing is good. For some time now, I have been hearing from many municipalities, and particularly from my constituents, that they want the county to take the bull by the horns on this issue."

Yesterday Fraser had the county counselor draw up a proposed ordinance similar to the one Clayton officials passed last week that prohibits smoking in bars, restaurants and 80 percent of hotel rooms. Under the legislation, businesses may allow customers to smoke on outdoor patios.

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Adorable downtown Kirkwood

After a citizen's group forced the Kirkwood City Council to consider an initiative to ban smoking in city bars and restaurant, the measure will now go before voters.

Earlier this month Kirkwood residents opposed to public smoking collected enough signatures to bring the ban before the city council. At last night's council meeting, the board declined to pass the initiative, meaning city residents will now vote on the ban in November.

In 2006, 54 percent of Kirkwood voters rejected a more restrictive ban that would also prohibit smoking on outdoor patios.

Here's betting that Kirkwood voters will approve the upcoming ban. Why? Three reasons:

Yesterday we mentioned that the Clayton Board of Aldermen was set to vote last night on an ordinance prohibiting smoking in the city's restaurants and bars.

And today we're back to report that the measure passed. By next July all bars and restaurants in the city (and 80 percent of hotel rooms) must be smoke free indoors. Smoking on outdoor patios will be permitted.

Clayton joins Ballwin and Arnold as the only St. Louis area municipalities in Missouri to pass a smoking ban. Other cities considering such bans include Kirkwood, Wildwood and St. Louis. Illinois has a statewide ban on smoking.

flickr.com/photos/joshbousel

Does baseball have this effect on you? Tonight you're in luck.

Couldn't care less about tonight's All-Star Game? Well, you're in luck. A couple municipalities are having meetings tonight that are sure to provide as many theatrics -- possibly more -- than you'll find at Busch Stadium. Best of all, they're free!

For starters the Northeast Ambulance and Fire Protection District will hold its regularly scheduled meeting tonight at 6 p.m. at the New Administration Building at 7100 Natural Bridge in Beverly Hills. Last week's meeting ended with one resident being ejected from the meeting for "scoffing" and another person arrested when he touched a police officer.

The fire department issues so many disorderly conduct citations at its meetings, its website features a link where officials can download .pdf copies of the summons to hand out to those it accuses of improper behavior. Residents of the district accuse fire officials of graft, and earlier this month the state's attorney general and auditor sued the district for Sunshine Law violations and refusing to hand over financial documents.

Sounds a bit, too, heated for you? Then perhaps you'd be interested in the less fiery -- but certainly smoky -- debate to take place tonight at Clayton City Hall at 10 N. Bemiston. That's where at 7 p.m. the city's Board of Aldermen will vote tonight on a bill outlawing smoking in Clayton restaurants and bars beginning next summer.

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Not one of the seventh-grade Wildwood students proposing a smoking ban.

The St. Louis Board of Elections yesterday certified that a petition drive for a smoking ban in Kirkwood had enough signatures to require action.

If the Kirkwood City Council does not deal with the issue by September 5, the matter would go to a public vote. A similar smoking ban vote in Kirkwood failed in 2006 when 54 percent of the 14,300 voters rejected it.

Also yesterday in Wildwood, the City Council held a hearing to consider a smoking ban. The prohibition is being pushed by seventh graders in the district.

And lastly, tomorrow the St. Louis Board of Aldermen will hold its final hearing to consider a smoking ban for the city that would go into effect if/when St. Louis County also approves a similar ban.

So, there is your smoking-ban updates. Now who has a cigarette?

Wikimedia Commons

Kansas City is free to enforce its indoor smoking ban, per an order issued yesterday by the Missouri Court of Appeals-Western District.

According to a story today in the Kansas City Star, "Enforcement of the Kansas City smoking ordinance plays an important part in protecting the health of our citizens and improving the quality of life in our city," said Assistant City Attorney Lowell Gard.

KC back in April 2008 adopted a smoking ban for bars and restaurants. JC's Sports Bar challenged the ban, which was upheld by a municipal judge and again by the Court of Appeals.

The Kansas City Business Rights Coalition told the Star that it will appeal yesterday's decision to the Missouri Supreme Court.

St. Louis, meanwhile, continues to debate.