South Padre leaders back off tackling smoking ban

The South Padre Island Board of Aldermen convened in a room crowded with interested spectators Wednesday evening.

Most of them were there to see what the board would do with one item on its agenda: "Discussion and possible action regarding a ‘No Smoking’ ordinance in offices, retail shops, hotels/motels and enclosed restaurants."

Alderman Sam Listi, who had placed the item on the agenda, led off the discussion. He said smoking is an addiction, and he managed to quit many years ago. "Tobacco smoke contains nicotine, a drug that is addictive and can make it very hard, but not impossible, to quit," he said.

He contended that more than 400,000 deaths in the United States each year are due to smoking-related illnesses, and recommended adoption of an ordinance to prohibit smoking in offices, retail shops, hotel/motels, restaurants (except for outdoor areas) and bars that derive more than half their gross income from the sale of food.

Listi said he had many letters and e-mails supporting his position, and none against it. He also had a long list of Texas cities that have passed similar ordinances, including Houston.

Alderwoman Alita Bagley said she was personally against such an ordinance in principle, but she, too, had many letters of support for the "No Smoking" ordinance, and only a few opposed to it. She said she would therefore support the ordinance because it was obviously what the people she represents want.

Listi moved the adoption of such an ordinance, effective March 1, and Alderman Rick Ridolfi seconded. As discussion went along, Listi changed his date to Jan. 1, and Ridolfi also seconded the new date.

But he added that he is opposed to smoking in restaurants where people are trying to enjoy their meals, and would not consider changing his opinion. Someone in the audience responded it was Listi’s choice not to smoke, and that he should not force his opinion on people who disagreed with him.

Alderwoman Courtney Hayden said she was in favor of such an ordinance, but she thought the timing was off. "This is not the time," she said, "during a severe economic period that has many restaurant owners barely holding on." She wanted to table the issue and return to it in six months or so.

Mayor ProTem JoAnn Evans admitted to being a smoker, but said she had for a long time considered putting the issue on the agenda. She, too, said she would vote for such an ordinance, but not right now, not in the present economic climate.

Restaurant and bar owners in the audience had plenty to say. It began with Cathy Lafferty, manager of Palm Street Pier, who wanted to know if her business would be considered "enclosed" under the new ordinance.

City Attorney Paul Cunningham said if it has a roof over it, it’s enclosed. Palm Street Pier’s bar is under the roof, but there is an open dining area on a pier that has no roof. The sides of the portion of the business that is roofed have curtains that can be raised and lowered, but in nice weather both sides remain open.

Lafferty also pointed out that the ratio varied of food to alcoholic beverages sold. Some days they sell more food, and other days more alcohol, she said."Would we be considered a restaurant or a bar?"

Several business establishments around the Island would be in roughly the same category as Palm Street Pier—Coconuts, Louie’s Backyard, Steamers, Wanna-Wanna, Boomerang Billy’s, Wahoo Saloon, the Palms and others.

Restaurant and bar owners were almost unanimous in opposing the new ordinance. One owner told aldermen, "I don’t smoke myself, but business is so tight right now I’d allow cigar smokers in my place if they ordered a meal."

Others said it should be each owner’s decision whether or not to allow smoking in his establishment, since tobacco is a legal product.

One individual pointed out that the previous session of the state legislature considered a similar statewide smoking ban but it never came to a vote. Listi agreed, and said there will never be a statewide ban in Texas as long as tobacco companies have the money to fight it. Another audience member said South Padre Island is a unique place, and that it should not blindly follow what other cities do.

Still another said that many of our tourists are from Mexico, and asserted that most of them smoke.Another said that Winter Texans are accustomed to such ordinances in their home towns and would probably appreciate one on South Padre Island.

Attorney Jeffrey Church said he had lost two family members to smoking, and urged aldermen to adopt the ordinance.

By the end of the discussion aldermen appeared to agree that, at the very least, they should follow the advice of Cunningham and draft an ordinance that would clearly define what an "enclosed" restaurant is and is not.

Listi withdrew his motion and substituted another: to table the issue until April, after Spring Break, at which time the board will revisit it.

When the vote was unanimous to table, the audience burst into spontaneous applause.