County has no authority to grant exemptions
By PAMELA BRUSTPARKERSBURG - Wood County commissioners learned Monday they don't have authority to grant exemptions from the Mid-Ohio Valley Health Department's smoking ban.
The second phase of the department's six-county indoor air regulation, effective Wednesday, requires all restaurants, bars and video rooms to be 100 percent smokefree. The initial phase of the regulation gave those establishments three years to become smoke-free. It allowed smoking in bars and video lottery rooms for that three-year period and permitted restaurants to build enclosed smoking rooms with separate ventilation systems. The only exemptions to the ban, listed in the ordinance are nonprofit bingo halls (in business as a designated bingo hall) designated rooms in a hotel, if the hotel chooses to do so, meeting facilities in hotels and fraternal organizations that allow smoking and no children are allowed in those locations, and retail tobacco stores, which don't have a food permit.
Last week, representatives of area veterans' clubs asked the commission to consider exempting those establishments from the smoke ban. Unsure of their legal standing, the commissioners asked special counsel Blaine Myers to research the issue.
"The authority of the Board of Health to implement such regulations is set forth in the code. This specific authority of boards of health to implement regulations to restrict smoking in enclosed public places has been upheld by the West Virginia Supreme Court of Appeals in (the case of) Foundation for Independent Living Inc. and others vs. the Cabell-Huntington Board of Health and others (2003). Based on the foregoing, the county commission does not have authority to grant waivers or exemptions from board of health regulations," Myers told commissioners in a written legal opinion turned over to county officials Monday.
"We're apparently out of it then," commission President Bob Tebay commented after reading the legal opinion. Commissioner Rick Modesitt declined to comment. Commissioner Blair Couch did not attend Monday's meeting. The commissioners had scheduled a meeting with the veterans' representatives for Thursday.
Neither Bert Young or Ron Conner, who met with commissioners last week could be reached Monday afternoon for comment. Young and Conner told the commissioners earlier the veterans' organizations are private groups, and they are concerned the smoking ban will negatively affect business in the veterans' clubs in the area.
Contacted Monday afternoon by The Parkersburg News and Sentinel, Tim Miller, environmental health director, said he wasn't surprised by the news.
"I anticipated that. I didn't feel the county commission had any legal standing to change anything our board of health has done, and I think the commissioners thought that was the case as well. I haven't heard anything further from the veterans' organizations. They did what they were allowed to do, speak to the board of health. And the board subsequently denied the exemption request. It's my job to do what the board asks me to do, enforce the rules they make and that's what I'll do," Miller said.
No other requests for exemption have been forthcoming, Miller said. "We've had complaints about it (the smoke ban), but there are also a lot of people who are very happy about it," he said.
|
yellingsoccermom
|
|
|---|---|
|
11-16-08 1:13 AM
|
LOL...OldSoldier...maybe MissOlen should take up smoking...it just might relieve her apparent stress level...and tubaman, it isn't "easy" to stop smoking, for some, it is worse than trying to stop eating. Veterans should be exempt with this smoking ban...if it weren't for them, we may not be here to complain about this issue. This country has taken so much away from our Vets...for God's sake, let them smoke, it's a vise they've earned and deserve!
|
|
OldSoldier
|
|
|
10-02-08 1:10 AM
|
Thank you MissOlen. Your answer confirmed my guess about you. I'm thrilled that you don't "patronize" the veterans clubs. Evidently our feelings are mutual in reference to companionship. You wouldn't like mine, nor I yours.
|
|
MissOlen
|
|
|
10-01-08 11:44 AM
|
All i'm saying is that if you smoke...go for it, but be prepared to get puked on when i smell that crap.
|
|
MissOlen
|
|
|
10-01-08 11:41 AM
|
Oh and Hiphappens sure we have rights, non smokers have the right to puke all their lunch on you if your cancer smoke makes them sick! :) Smoke your lungs away...you know how to read the warning labels on the side of your smokes (if thats what your smoking)
|
|
MissOlen
|
|
|
10-01-08 11:37 AM
|
Why in the world would anyone want to patronize a vetrans smoking building, if your not a vetran? There is more to life then going to a place filled with old people who smoke and drink "because thats all they have left". oldsoldier your trying way to hard to get people to come and "patronize" your beer and smoking bar.
|
|
OldSoldier
|
|
|
09-30-08 11:47 PM
|
Just curious. Do you patronize any of the veterans clubs MissOlen?
|
|
hiphappens
|
|
|
09-30-08 11:41 PM
|
Good thing MYERS just gave a legal opinion. One might mistake this for LAW. LOL! LOL!
|
|
hiphappens
|
|
|
09-30-08 11:34 PM
|
MISSOLEN: Using YOUR own words,Quit crying and thinking it's OK to shove your stupid beliefs, on those of us that do SMOKE. I believe GOD created man equal.As an AMERICAN I am told we ALL have RIGHTS!!
|
|
JCB1964
|
|
|
09-30-08 5:58 PM
|
VETERAN SHOULD BE ALLOWED TO DO WHAT HE OR SHE WANTS IN THEIR OWN POST HOME. ........that opens up a whole lotta activities.
|
|
MissOlen
|
|
|
09-30-08 4:20 PM
|
just listen to the old cry babies with the vetrans.....quit crying and thinking its ok to shove your stupid beliefs on us non-smokers....at least we were smart enough never to start such a stupid habit. Do you know how gross and sick you look with a smoke stick hanging from your face??
|
|
MissOlen
|
|
|
09-30-08 4:17 PM
|
I wish tubaman would run for mayor in marietta, you rock!!
|
|
LocalMom
|
|
|
09-30-08 3:59 PM
|
Yes, a veteran should be able to do what they want within the limits of the law in their own post home...including those vets that are non smokers. Why should they be forced to breath air that can cause them more health issue than they may already have? When you exhale that smoke your brother has no option but to breath it. Smoke outside and make it so everyone can enjoy their post home.
|
|
leviathan
|
|
|
09-30-08 1:56 PM
|
Very convenient!
|
|
wvupridefan
|
|
|
09-30-08 11:26 AM
|
ALSO.. let me just say this.... A VETERAN SHOULD BE ALLOWED TO DO WHAT HE OR SHE WANTS IN THEIR OWN POST HOME. THE BOARD OF HEALTH NEEDS TO STOP TAKING AWAY THE RIGHTS THESE MEN AND WOMEN HAVE SERVED AND DIED FOR. ARE WE LIVING IN MOSCOW NOW?? I'M STARTING TO THINK SO
|
|
wvupridefan
|
|
|
09-30-08 11:23 AM
|
Wait a minute... Are not most of the veterans clubs fraternal organizations??? If you are non profit or a fraternal org. you ARE exempt. Such as the VFW. At least that is how it is in other counties this has happened to.
|
|
OldSoldier
|
|
|
09-30-08 9:46 AM
|
From reading your posts tubaman, you seem to be on quite a crusade on the smoking ban. Do you patronize any of the veterans clubs?
|
|
tubaman
|
|
|
09-30-08 8:16 AM
|
Ha-ha. Too bad. Nice try. Instead of whining, crying and trying to find loopholes, you people might want to use this as an opportunity to STOP SMOKING AND IMPROVE YOUR LIFESTYLES!
|