St. Charles County Council revisits smoking issue

Now that its smoking ban package has been removed from the Nov. 6 ballot by the county elections director, the County Council could decide today to put a different version with exemptions before voters. One option is lumping a smoking ban with exemptions for the Ameristar Casino in St. Charles, bars and private clubs in a single ballot question. If adopted, that would be among the weaker bans in the metro area. Another possibility is to go to court to force the council's previously endorsed plan back on the ballot — with voters deciding separately on a comprehensive countywide ban and an exemption measure.

Ameristar and other critics fear that voters might adopt the ban but reject the exemption proposition. Elections Director Rich Chrismer on Tuesday yanked the two questions because they include wording inconsistent with other parts of the council ordinance setting up the vote. Already before the council is a clean-up bill to correct those errors. The sponsor of the two-proposition plan, Councilman Joe Cronin, R-St. Paul, said Friday that another option is delaying the issue until a later election. Council Chairwoman Nancy Matheny, R-Weldon Spring, said that she doesn't believe Chrismer has the legal authority to remove the ballot questions but that she opposes fighting him in court.

"One thing I do not want to do is waste taxpayers' money litigating against our own elected officials," she said. Matheny, the swing vote during months of council deliberations on the smoking issue, wouldn't predict what the council would ultimately decide. "I hope we can figure it out," she said. Cronin said he would introduce the alternate single-question measure today in case that's the only version with enough council support to go forward. But he said he may vote against it. "I think it's a sellout" to the casino, he said. He also criticized Chrismer, a fellow Republican, for his action. He noted that Chrismer's rationale was similar to points made in a lawsuit filed by Ameristar Tuesday against the council plan.

Ameristar officials fear that their facility would lose considerable business if it goes smoke-free while competitors in St. Louis County and St. Louis remain exempt from smoking bans in those areas. Whatever goes on the ballot at this point can get there only by court order because the Aug. 28 deadline under state law for scheduling election issues has passed. Under the two-question plan removed by Chrismer, residents would first vote on a countywide ban with no exceptions.

The second proposition would exempt any facility where all patrons and employees are over 21; that would cover bars and casino gambling floors. That exemption measure also would have apply to private clubs and up to 20 percent of hotel rooms. If passed, the measures would take effect in July. The new bill to be introduced today would take effect in January 2014 and include the ban and those same exemptions in one proposition. Both measures would apply to both municipalities and unincorporated areas, but cities could enact stronger ordinances.