Acquittal prompts look at smoking ban

Published Friday, December 21, 2007

INDEPENDENCE (AP) - City officials are reviewing a recent smoking ban case that ended with a not-guilty decision, but they are not convinced the city’s smoking ordinance is defective.

The municipal court case involved club owner Jennifer Brashear, who appealed an earlier guilty verdict and was found not guilty Monday of two violations of the this Kansas City suburb’s Clean Indoor Air ordinance. She had been accused of twice letting patrons smoke inside the club.

"We are not convinced from this one case that we are anywhere near going back to the drawing board," City Counselor Allen Garner said.

But city staff members are reviewing procedures followed in Brashear’s case, he said, hoping to learn what led the Jackson County judge who heard the appeal to find Brashear not guilty. Allen said the provision the club owner had been charged with violating was just one of many in the ordinance.

Brashear’s lawyer, John Carnes, said he thinks Independence’s smoking ordinance has legally defective language that makes it difficult to enforce. He said the city council should revise the ordinance so that it is more enforceable, with "some common-sense accommodations for small bar owners." Brashear said she hopes an agreement can be reached that works better for businesses and the city.

The Clean Indoor Air Act went into effect in March after nearly 64 percent of Independence voters approved it in November 2006. The ordinance received support in 92 of 98 precincts.

Owners and workers from several small bars and restaurants have appealed to council members since the ordinance passed, claiming it has hurt their businesses. They say their establishments are close to similar businesses in neighboring cities where smoking bans are not enforced.

In Kansas City, a group of citizens that wants to ban smoking at bars and restaurants filed petitions Wednesday with the city clerk’s office. The petitioners are asking the city council to adopt the restrictions or let voters decide in the next available election, which is in April.

The proposal would go to the city council after the registered voter signatures on the petitions have been reviewed and found valid.