No decision yet on new smoking regulations

Despite nearly two hours of public comment and discussion, the council voted to send proposed new smoking regulations back to the public safety committee due to a lack of agreement on how to proceed.

The council heard a number of resident and business owners' opinions about proposals that would ban smoking and e-cigarettes in all restaurants, outdoor dining, event venues and motel rooms, as well as within 20 feet of a business doorway. The only exception was for tobacco shops who earn 80 percent or more of their income through tobacco sales.

The first to speak was Jake Waitzman, the co-owner of Vulcan Vape on B.M. Montgomery Street. He said he had no opposition to the ban on e-cigarettes, or "vaping," in restaurants, but he asked that vapor shops be included in the exemption that tobacco shops receive.

He was echoed by a member of the state-level vaping representative and a few current customers who said they had used e-cigarettes had helped them quit a smoking addiction. All said that e-cigarettes are less dangerous to the user's health and do not have the risk of secondhand smoke. One former 25-year smoker said she had the "choice as an adult" to consume vapor and should be allowed to sample vaping products within a store's walls.

About 15 people spoke to the council in favor of creating a comprehensive smoking regulation that would ban cigarette and e-cigarette use in public places throughout the city. These included parents, members of the Safe and Healthy Homewood coalition, an orthodontist, a pediatrician, representatives of the American Lung Association and American Cancer Society and an ear, nose and throat doctor.

Their concerns with traditional cigarettes centered on the dangers it caused to other people in public spaces, especially with health issues such as asthma, and the risks to smokers themselves. Many stated that with Homewood's emphasis on active lifestyles and young families, it was important for the city to join the move toward smoke-free public spaces.

"One's right to smoke ends at my right to breathe," said Resolute Running coach Jennifer Andress. "We definitely need to be leaders in this capacity."

There was more confusion regarding vaping, as many of the people who spoke were unfamiliar with the practice or had heard conflicting evidence about its safety. One resident said it was "not real black and white" whether e-cigarettes were as harmful as smoking.

Others, however, cited studies showing increasing popularity of vaping among middle and high school kids as a potential gateway to cigarette and other substance use. Some of the speakers said that chemicals released in e-cigarette vapor can still be harmful to bystanders, and that users have been known to smoke marijuana through e-cigarettes.

"This is potentially re-normalizing smoking," one resident said.

After the public spoke, the council members shared their opinions on the issue. Ward 1 Representative Michael Hallman suggested returning the issue to the public safety committee for discussion. Some, such as Ward 4 Representative Barry Smith and Ward 5 Representatives Peter Wright and Rich Laws supported strengthening the ordinance fully. Others expressed hesitation on various parts of the proposed ordinance, including treating vapor shops differently from tobacco shops and regulating smoking on a business owner's private property.

"I think people can make decisions on their own," Ward 1 Representative Britt Thames said.

They did point out, though, that smoking is prohibited in all city-owned property, including road right-of-ways.

These differing opinions gave way to a general confusion on how to proceed. Wright proposed an amendment removing the exemption for smoking in tobacco shops, which failed by an 8-3 vote. An amendment to exempt private functions if workers were not present was narrowly approved 6-5, though city attorney Mike Kendrick questioned if such an event existed. Other amendments were mentioned but not voted on, and Ward 3 Representative Patrick McClusky proposed that the issue return to committee due to the confusion.

This was also approved by a 6-5 vote, ending the night's discussion. The public safety committee will take up the smoking issue again at its Nov. 2 meeting.

Other council business included:

• Declaring Nov. 13 World Pancreatic Cancer Day on the city.

• Approving a sign variance for Shades Valley YMCA to replace its existing building signs with new ones the reflect the updated YMCA logo.
• Allowing the mayor to enter a contract for a new website, with costs not to exceed $25,000.
• Approving a change to the driveway ordinance allowing certain permeable paving materials to be used in driveways and parking pads.
• Authorizing a $3,000 payment to the Assistance League of Birmingham's Operation School Bell, which provides clothes and hygiene kits to students who need them.
• Allowing the Homewood Environmental Commission to work in the city right-of-way near Sterrett Avenue and Morris Boulevard to plant 10 trees.
• Accepting a bid from Mac Uniforms for new police uniforms based on the police department's recommendation.
• Approving $216,000 for the purchase of fire department apparatus approved in the new fiscal year budget.
• Approving a payment of $75 to cover half the expense of a decorative sign at the Stratton Court-Gatsby Court.
• Dropped a sign variance request at 3450 Manor Drive.
• Amending a previous ordinance to reflect the correct VIN numbers for two refuse trucks that had been declared surplus.
• Changing the November and December meeting dates from Nov. 23, Dec. 14 and 28 to Nov. 16, Dec. 7 and 21.

The next council meeting is Monday, Nov. 9.