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Cops to be 'smoke police'

City will pull police from school zone to enforce bylaw

Stephan Burnett
Northern News Services

Yellowknife (Sep 17/03) - At least one pub owner in town is furious and willing to speak out over what he calls the "insanity" of the City of Yellowknife's new smoking bylaw, scheduled to take effect Oct. 1.

NNSL Photo
Gordon Wray


Gordon Wray, a partner in the Black Knight Pub, says it is insane that the city is pulling away municipal police from the morning school zones to become "smoke cops."

"They are jeopardizing children's lives to police adults in an adult enterprise," said Wray.

Wray is also upset with what he sees as a heavy-handed approach from the Workers' Compensation Board and the city.

"We have spent between $140,000 and $150,000 on our air-quality system," said Wray.

He says he offered to have it tested on the basis of air quality and even offered to have a glassed-in room built where patrons could go for a cigarette, without service from the establishment.

"So second-hand smoke would not bother the servers, but both suggestions were rejected outright," said Wray.

At the same time, Wray admitted his filtration system has never been tested.

"We've never had it tested. That was one of the surprising things. I thought WCB would go out to do air-quality tests but that was never done," he said.

The owner of the Black Knight maintained forcing patrons out at -30 C to -40 C into an unhealthy atmosphere, with gas and diesel fumes, would be more of a harm to patrons' health than sitting inside his bar.

Wray is also concerned with having high numbers of people outside his establishment late at night.

"We have no authority with people standing outside. Our people are prohibited by law from doing anything with them," said Wray.

Chamber furious

The Yellowknife Chamber of Commerce is furious over the ban on smoking.

"The bar and tavern owners in Yellowknife aren't bandits, they're legitimate businessmen, who as a collective group, pay millions of dollars in taxes to the city," said chamber president David McPherson.

He insists City Hall revisit the issue, meet with the Chamber and bar owners and consider a compromise based on air-quality standards.

"This is a very poorly thought-out and written bylaw. It's the politically-correct course ... the mayor is quoting Winnipeg, Calgary and Ottawa but we don't live in Ottawa. They might be a bit surprised with how people react," said McPherson.

"Now there's talk of a ban even on outdoor patios and decks. This is insane, and it shows how out of touch these people are. Get the standard and meet it," said McPherson.

City Hall has decided to pull law enforcement officers away from school zones to police their new non-smoking bylaw in bars, which is scheduled to take effect Oct. 1.

Doug Gillard, manager of municipal enforcement division, made the admission last Friday, after being directed by Mayor Gordon Van Tighem to explain the city's non-smoking enforcement policy. The mayor's recommendation came after admitting he was sketchy on how the new law would be enforced.

After pulling personnel to enforce the new smoking bylaw, only one officer will be keeping a watchful eye on the community's children as they head toward school.

Currently, Gillard has two officers patrolling school zones in the morning.

"When this budget was set we did not expect the smoking bylaw to change until 2005," said Gillard.

He insisted he had thought of every contingency when considering the enforcement of the smoking bylaw. However, when challenged on whether the new law would cause additional violence on the night time streets of Yellowknife, he responded: "I couldn't say for sure whether it will increase violence on the streets."

Last year, RCMP made 2,029 alcohol-related arrests in Yellowknife.

"You obviously have more room for freedom of thought than I do," said Gillard, while defending his stance that forcing bar patrons to smoke on the streets will not increase violence.

It's the trend, says mayor

The trend toward non-smoking in public places is countrywide, said the mayor.

"Is it political correctness? No, we are simply reacting to the world as it has evolved," said Van Tighem.

He says the bars were invited to attend public meetings on the non-smoking bylaw, a charge that Black Knight Pub partner, Wray, disputes. People won't have a problem smoking outside in -40 C weather, said the mayor. After all, it seems to be working out fine in Winnipeg, he said. But Gillard wasn't so sure.

In Winnipeg, where the city has recently begun enforcing a similar smoking ban, to date, there have been no issues. "But they're not prepared to say it won't become an issue," he added.

The Workers' Compensation Board (WCB) says there's no safe level of second-hand smoke.

Andy Wong, chairman of the WCB, refused to admit the new law might result in more drunken people brawling on the early-morning streets of Yellowknife.

"If bar customers are inebriated, the law says the bar owners must refuse to serve them," said Wong.