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No Smokes for You, Part III
Outagamie County Circuit Judge Dee Dye threw out a lawsuit filed in June by 35 bar owners after he determined the city’s smoking ban ordinance, approved by voters in April, did not violate state law.
Although I’m pleased with his decision, the fight is by no means over yet. Opponents of the ban are urging council to schedule a special election in November to allow voters to revisit the ban. Additionally, further legal appeals are possible. I’m not sure they’ll get it overturned in the courts, but I’m hoping the second referendum will be on the April ballot. I think a November special election will have a turnout much more likely to be biased against the ban. I think an April referendum will likely have similar results to the first.
- Post-Crescent article: Voters get crack at smoking ban
***Update***
It looks like the second referendum will be in April, which is good. The choice of dates could have very easily changed the result of the vote.
October 11th, 2005 
Tags: Smoking Ban (cont’d)
Well, it looks like the smokers in Appleton will get their day at the polls again. I’m hoping the referendum goes on the April ballot, which might produce a more diverse turnout, as opposed to a special election which may be monopolized by those who wish to overturn the ban. It’s been so nice enjoying smoke-free living in Appleton establishments. I think a better solution would be if Grand Chute, Neenah, and Menasha would pass similar bans – then the bar owners would have less to whine about.
Enjoying the Public Smoking Ban
Since Appleton’s recently passed smoking ban came into effect, we decided to go out last night and experience it first hand. We went to Cheyanne’s on the corner of Appleton St. and Washington in Appleton. It was even better than I imagined! We had a bite to eat and enjoyed some brew, and the atmosphere felt no different than dining at a restaurant. Very nice.
Surprisingly, someone even brought a baby into the bar while they were dining. At first, we thought it was a little odd bringing a baby into a bar, but upon further thinking about it, it was a time when most patrons were there to eat dinner (so there were no roudy people). Probably the only thing that might be dangerous to a baby in that environment was the thick cloud of smoke, but that’s not a problem anymore. It was refreshing to see others come out and enjoy the smoke-free socializing.
I just wish Grand Chute or the State would pass a similar ban, since many of our favorite restaurants and bars are there. For the record, we limited ourselves to bars in Appleton because of the ban.
Appleton Passes Public Smoking Ban
Wanda and I are quite please that Appleton residents passed the public smoking ban last night. I was surprised that it passed without an exception for bars, similar to the way Madison and Eau Claire have. How nice it will be to go to Appleton bars and not be engulfed by a smokey haze, assuming the new ordinance doesn’t get struck down. From the Post-Crescent article linked below:
“The state’s direct legislation law says you can’t use a referendum like this to repeal a specific ordinance. They (proponents) cite existing legislation at least three times,†Johnson said. “You can’t make law if you can’t obey the law. It’s going to be an ugly court fight, but we have an obligation for the public to fight this.â€
Riiiight. They have an obligation to the public, which voted and decided that they wanted the ban. Further up in the article, we learn this about the individual who made the comment:
Robbie Johnson, president of Citizens for Responsible Regulation, which opposed the ban, said his group is disappointed.Johnson said he expects his group, comprised primarily of bar owners, to begin work later this week on a legal challenge to the referendum’s proceedings.
(Emphasis mine)
We’ll see if a judge throws out the will of the voters based on the desires of several local business owners.
- Post-Crescent Article: Smoking Ban Passes
- Link: Voting Results
This Land is My Land
A coworker of mine found an amusing flash animation poking fun of Bush, Kerry and the election. Also, check out this sweet footage of Appleton police using a tazer on some dude.
New town, new job…
I haven’t been able to update this lately because it’s been very busy. I started by new job a week ago with the City of Appleton. It’s fairly busy and can be stressful at time, but it’s a nice place. I’m currently living with my parents until my new lease starts on May 1st. We’ll be living in Kaukauna, just off of CE by Tanner School. Wanda will be staying in Eau Claire for another month while she finishes up her current job.
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