HomeMy WebLinkAboutA045 - Comments from Mayor of Davenport TedJoanie@aol.com To: kindred@city.ames.ia.us, Schainker@city.ames.ia.us,
f sharonwirth@yahoo.com,judiehoffman@yahoo.com,
05/07/2003 04:32 PM crosswind@mchsi.com,st.goodhue@isunet.net,
dvegge@sauer-danfoss.com,dvoss@city.ames.ia.us,
slundt@city.ames.ia.us, rmahayni@iastate.edu
cc:
Subject: Fwd: FW: no smoking ordinances
Hi All,
Thought you would like to see some of the comments from local mayors..........
Ted
----- Message from "Susan Judkins" <SusanJudkins@iowaleague.org> on Wed, 7 May 2003 16:12:09
-0500-----
To:<tedjoanie@aol.com>
Subject FW: no smoking
:ordinances
-----Original Message-----
From: Brooke, Charles W. [mailto:cwb@ci.davenport.ia.us]
Sent: Wednesday, May 07, 2003 3:49 PM
To: bryan.sievers@legis.state.ia.us
Cc: Susan Judkins; Steve Olson; Bryan Sievers; Cindy Winckler;
jim.van.fossen@legis.state.ia.us; Jamie Van Fossen; Jim Lykam; Joe
Hutter; Joe Seng; Maggie Tinsman
Subject: no smoking ordinances
Dear Bryan:
It seems to me that cities ought to be able to ban smoking in
restaurants, if they choose. Some big cities, like New York and Boston,
are banning it everywhere on public land.
Iowa's statute prohibits cities from doing so, under the new Iowa
Supreme Court decision in James Enterprises v. City of Ames, No.
33/02-0415. The reason is because the state statute, sec. 142B.2, sets
up designated smoking areas, and the Supreme Court says that cities
cannot prohibit such if the state creates them.
A simple amendment to 142B.2 would allow cities to control their own
circumstances rather than having it dictated from Des Moines. I realize
the head of the senate is a smoker, but I cannot imagine he would be
opposed to local control of the issue.
I urge you to present and push for such an amendment next session so
each city can make its own decision.
Charles Brooke, Mayor of Davenport