Despite an earlier attempt that would have given restaurant owners a year to ready themselves for smoke-free status, Slave Lake Town councillors last week gave second and third reading to the bylaw that insists owners set aside 60 per cent of their seating for non-smokers.
The bylaw has been the focus of several public discussions in recent months, and although Mayor Ray Stern earlier said council wouldn’t hear any more presentations before its final vote, delegations nonetheless asked for one last chance to bring councillors to their respective side.
Left without options, Stern allowed the presentations, but told both the Tobacco Coalition – which was pitching for smoke-free restaurants — and the Restaurants Association – that said its members need more time — they’d have just 15 minutes apiece to make their respective pitches.
Stern first invited those opposed to the bylaw to step forward, prompting the Canadian Cancer Society representative Kari Jesswein to approach the microphone.
She said it was ironic that council was deciding what it would do with smoking in public places the same day Canada was signing an international pledge to help reduce smoking around the world. She said hospitality industry workers are some of the most innocent victims of second-hand smoke, reminding councillors those individuals’ jobs triple their risk of contracting cancer.
She reiterated the case of Heather Crow who recently won a multi-million judgment against her employer because she’s dying of lung cancer even though she never smoked in her life.
“Smoke-free laws do not kill businesses,” she told councillors, and although they may stray when restaurants first go smoke-free, customers “soon return to their favourite restaurants.” In fact, she said in some areas, bowling alleys and bingo halls noticed an 81 per cent increase in business when they were forced to ban smoking.
At the same time, 45 municipalities in Alberta are currently considering smoke-free status in restaurants, she added.
Applauding council for its ‘leadership’ in recent decisions to invoke a curfew for young people and a bullying bylaw, she encouraged it to take one more bold step in protecting its youth by making eating establishments smoke-free.
Coalition rep Larry Willis spoke in favour of the proposed legislation, candidly admitting he wasn’t arguing health issues.
But a smoke-free status “will be a detriment (to business) at this time,” he told councillors, “and I’m not just – pardon the pun – blowing smoke.”
He said personnel have many years of experience in the hospitality industry and have very good reason to believe that a smoke-free rule will hurt business. In fact, the Northwest Inns has already set aside one area for non-smokers, he said, but hasn’t noticed any great increase in business in that area.
“We’re a community with unique challenges,” and a no-smoking edict will clearly give restaurants sitting on the community’s outskirts a competitive edge.
But should council decide to make the smoke-free status a gradual progression, “we’d be pleased to help” with mapping out the strategy.
But faced with the item on its agenda, council was anything but unanimous.
Taking the bull by the horns, Stern said council – collectively and separately – has heard many voices and opinions in recent months.
But the issue boils down to three issues, he offered. Namely, there’s the smokers’ right to smoke, the non-smokers rights to a smoke-free environment, and the business community’s right to maintain livelihoods “if we change” to a smoke-free status.
The ironic thing, he added, is “we’ve never heard from one smoker” in any of the hearings.
“I support people’s right to smoke,” he added, “but if you want to do it, go somewhere else.
“This should not be the non-smoker who is inconvenienced by the smoker.”
Further, he said, “I recognize business’s concerns at a time when business is not doing as good as in the past, and I struggled to find a middle ground.”
That road, he suggested, might be possible if council gives businesses a year to choose between catering to smokers and people under the age of 18 years.
That is, restaurants can build separate areas for smokers – and still allow young people in the remainder of the restaurant.
That way, he said, “if changes have to be made, they’ll have time to budget and make those changes.
That, he said, “is as much a win-win as possible.”
But only two councillors agreed with Stern’s plan. Councillor George Snider, for one, said the plan would cause “irreparable damage to businesses in our community.
“Let’s let businesses have that jurisdiction” to decide on smoke-free status or not, he urged.
“If they’re not getting the customers, they’ll change.”
Besides, Snider added, “there’s no doubt in my mind that there’ll soon be provincial legislation banning smoking.” In the mean time, “if we lose two or three restaurants, we’ll have lost a lot.”
Agreeing, Councillor Elaine Carmichael said the proposed legislation is a step in the right direction.
On the other side of the table, Councillor Valerie Tradewell said Stern’s proposal will ensure the rights of all – including the rights of employees in the hospitality industry.
Councillor Shirley Torresan- Chykerda who’s an ardent supporter of legislation that invokes smoke-free status in restaurants also supported Stern’s amendment. Despite that, the motion went down in a 3-4 battle, with Councillors Evelyn Norberg and Lisa Brown also opposing.
Norberg’s later motion to give the original 60-40 motion second reading squeaked by in a 4-3 vote, with Stern, Torresan-Chykerda and Tradewell in opposition. Third reading likewise passed with a slim margin.

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