County smoking law sidelined

By Donna Comella It took 20 minutes to read aloud the new law that would ban smoking for many area businesses. The Wayne County Board of Supervisors then listened to comments from 15 citizens: eight for the law, and seven against. And when the last person had spoken, the lawmakers amended the new smoking law and annulled the entire process.

The law would ban smoking in all restaurants without bars, such as the Newark Diner; bowling centers and Bingo halls; all indoor or outdoor areas where people gather for sports, such as Colburn Park or the Newark Country Club pool. The scope of the law also includes loading docks and barber shops - even the private office of the company president.

Tuesday morning's hearing began with Don Buchwald of Sodus Point. Buchwald, owner of Papa Joe's restaurant and the Mayor of Sodus Point, questioned why the state smoking law isn't enough. Buchwald told supervisors they were 'taking away the rights of business people.' He also questioned enforcement. 'I'm not going up to six guys who light up on my deck and tell them they can't smoke. I'm going to call 911, then wait a half hour to get a car.' Buchwald added that he thinks the Sheriff's Dept. is already understaffed and overworked.

His points were countered by those of Rose Critchlow, who said she was 'representing the hundreds of people in Wayne County with cancer.' Critchlow, herself a cancer survivor, said, 'There are honorable people on both sides of the issue, and I know it will be a hardship for restaurant owners...but it's needed, to provide a healthy environment for you and your families.' She asked lawmakers to 'step out and make the right decision.' 'It may not be popular and it may cost some dollars...but I'm counting on you to do the right thing.'

Bill Donovan of Williamson agreed, and called upon supervisors to 'pass legislation to stop the restaurateurs' ticking time bomb.' Carol Fischette from Palmyra agreed, telling supervisors that they had 'no other choice but to protect the health of everyone.'

John Salone stood next. Mayor of Lyons and owner of Cafe Roma, Salone said the law is an 'infringement on private business.' He called for supervisors to protect the rights of individuals, and allow people to make a choice.

Jim Beman of Newark, also spoke against the law, pointing out the dollars that the Newark Elks might lose if they ban smoking at their Bingo games - dollars that are donated to non-profit organizations throughout the community.

Taking the microphone next was Mike Santelli, owner of Trombino's restaurant in Lyons. Santelli who served on the county's ad hoc committee that originally looked at the proposed law, said that while he had asked for proof of second hand smoke statistics, he had never received any. He called the law a 'contentious and divisive issue' that is 'based on myth and speculation.' Santelli said, 'I agree that (second hand smoke) is annoying, but so is strong perfume and a loud radio...how far will we go to legislate people's behavior?' He quoted George Orwell, telling supervisors that 'Big Brother is watching,' and cautioned them against a 'misguided effort to protect.' Santelli asked them to 're-examine the scientific evidence and reconsider the economic impacts.'

Sal Branciforte of Lyons was next in line. 'I recently quit smoking. That was my personal choice. And I believe matters of choice should remain just that - personal.' He quoted the local ads and billboards that declare New York State provides everyone with a smoke-free work environment - unless you're a waitress. He called the claim 'totally false.'

'I'm a New York State employee, and the state does not provide me with a smoke-free environment. I work in a building that is home to 12 developmentally disabled adults. If one of them wishes to smoke, he or she most assuredly does so, and I am then exposed to second-hand smoke. What law are you going to pass to fix that?'

Branciforte listed several carcinogens and the county employees that are probably exposed to them, telling supervisors, 'Leave the private business people alone, and clean up your own backyard...Don't lie to me and, more important, don't lie to yourselves. Personal beliefs do not belong in the political arena.'

And so it went. For an hour. The law is needed for 'the common good - like motorcycle helmet laws and seatbelt laws.' Williamson students, who feel 'bombarded with second-hand smoke' presented a petition with 720 names, asking, 'How can it be a person's right to harm other people?'

Debbie Taylor of Newark said she'd go out to dinner more often if she could be sure of a smoke-free environment. She also read a statement from Lyons resident Mark Decracker, who said that a ban on smoking at his Bed & Breakfast Inn has not had an adverse effect on business.

Local photographer Bill Huff, Jr., there to capture the event on film, had gotten in line. Huff told lawmakers that the issue should be left for people to handle on their own - that it was a matter of common courtesy. He said he'd never noticed that a church needed a No Smoking sign.

And lastly, Lorraine Delaney of Ontario told supervisors that the law was really about 'excessive government' pointing out that 'smoking is not illegal' and that what restaurant owners want to do about it is 'none of your business.' She called the law an 'encroachment on private property' and suggested a public referendum on the issue.

The supervisors took a quick break and came back to the floor ready to vote. The law has been on hold for nearly two years, with Walworth Supervisor Frank Guelli unable to get the votes he needed to pass it. November's election tipped the scales in his favor, and everyone had already done the math. Assuming the law would pass, Palmyra Supervisor Dave Lyons asked that it be amended to take effect 1 year and six months after adoption, rather than six months.

The amendment was then placed on the floor for a vote. Not recognizing that now that the law had been changed and the legal processes would have to begin again, a small debate ensued.

Some supervisors - Carm Pascarella of Rose, Dave Spickerman of Butler - stood to argue against the law, but Guelli was confident he had enough votes, so he refrained from the argument and called to 'get on with the vote.' County Attorney Dan Wyner was already whispering into Chairman Marvin Decker's ear. They couldn't vote on a law that had not been properly and legally presented to the people.

The law will again be published as a legal notice in newspapers. The next public hearing is scheduled for Wednesday, July 5 at 9:30 a.m.