Published: August 18, 2008 02:41 pm            

Wrong body — 08/19/08

Board of health should not be imposing smoking restrictions

Hopkins County has become the latest Kentucky community to ban smoking in most public places, but it chose a different path than that taken by other Kentucky communities that have restricted smoking. In our book, the ban would be much stronger if it were imposed by the elected members of a governing body instead of the appointed members of the Hopkins County Board of Health.

It was the health board — and not an elected governing body — that voted 9-1 Wednesday to prohibit smoking in enclosed public areas, including restaurants, businesses and workplaces, and at least 75 percent of hotel and motel rooms in the western Kentucky county that includes the city of Madisonville. Smoking will be allowed in independently ventilated public areas where persons under 21 may not enter, private residences except when used as a child care, adult day care or health care facility; outdoor places of employment; and retail tobacco stores.

Hopkins Fiscal Court considered a smoking ban after a push in fall 2006 from Hopkins County Central High School government students. But instead of enacting the ban, the fiscal court forwarded the issue on to the Hopkins County Board of Health.

While this newspaper supports restrictions on smoking in public, we agree with opponents of the Hopkins County ban who say the decision should be made by an elected body rather than the health board. In fact, it will be interesting to see if the courts uphold a smoking ban imposed by the health board.

Instead of shirking their elected responsibilities by shifting this controversial issue to an appointed board, the fiscal court members should have either voted for or against an ordinance to restrict smoking. After all, that’s their job.

        

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