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Was the Hannibal City Council’s decision to make the Admiral Coontz Recreation Center a smoke-free building for all events legal? One opponent of the council’s decision contends it wasn’t.
“My understanding of the law is that whenever somebody rents something, whether it be an apartment or anything else for usage, the law states that it is the same as if they own it. I’m checking that out with legal counsel right now. If that is indeed the case, the renter’s wishes supercede those of the ordinance and council,” said Terry Tesson, president and founder of American Biker Charities which has two upcoming events planned at the armory.
James Lemon, city attorney, says that when the ban takes effect July 1 the city will be within its legal rights.
“I don’t disagree that renting a property gives you a sort of quasi ownership and certain rights to act in that property as if you were in your own home, but a rental agreement is a contractual agreement,” he said. “You can certainly make a requirement in your contract that no smoking is allowed in your facilities. If they agree to that contract then they would be banned from smoking in your facilities.”
Tesson, a smoker who is in the process of quitting, says banning smoking inside the old armory would not be necessary if there was adequate respect between smokers and non-smokers.
“We’ve got smokers in our group and people that don’t smoke. Those that do smoke try to be considerate and respectful of those who don’t by moving to one area and the non-smokers move to another. We get along fine and have no problem. It’s a shame that it’s not a two-way street on respect,” he said.
While as a member of the Hannibal Jaycees, which stages its two major winter events at the armory, Darrell McCoy acknowledged being a “little disappointed” at the council’s decision, he is keeping in mind both sides of the issue.
“There’s pros and cons both ways,” he said. “We’ve been able to get a large draw people from Quincy and other areas who want to stay inside where it’s warm, enjoy a beer, cigarette, whatever. That’s their choice and I respect that. I also respect the choice of people that want to come and enjoy the event and not smell like a cigarette.”
The big concern of the Jaycees is what the smoking ban will do to future Wing Dings and Chili Cookoffs.
“We’ll lose some of our crowd that won’t come because that’s what they (council) have done,” said McCoy.
“We’re hoping that it won’t affect our events. We’re going to make the best of it and hope that our events continue and get bigger and better, and we can continue to donate back to the community,” said Jennifer Foster, 2010 president of the Jaycees, who estimated the non-profit organization donated approximately $15,000 back to the community last year.
Don’t look for the Jaycees to seek a new venue.
“The capacity that we have to have for our events each year, there’s no other place that can hold it at this time,” said Foster.
American Biker Charities, however, likely won’t keep its events at the armory.
“It will lead to us trying to find another location as far as I’m concerned,” said Tesson.
Councilman Kevin Knickerbocker, who opposed the policy change, said that as a non-smoker he will likely enjoy Jaycees’ events more in the future, but he believes the city is starting down a “slippery slope.”
“It’s not about smoking,” he said. “The big issue is government regulating a person’s choices.”
“Personally I feel it’s saddening and step toward socialism when we keep taking freedoms away,” added Tesson.
Was the Hannibal City Council’s decision to make the Admiral Coontz Recreation Center a smoke-free building for all events legal? One opponent of the council’s decision contends it wasn’t.
“My understanding of the law is that whenever somebody rents something, whether it be an apartment or anything else for usage, the law states that it is the same as if they own it. I’m checking that out with legal counsel right now. If that is indeed the case, the renter’s wishes supercede those of the ordinance and council,” said Terry Tesson, president and founder of American Biker Charities which has two upcoming events planned at the armory.
James Lemon, city attorney, says that when the ban takes effect July 1 the city will be within its legal rights.
“I don’t disagree that renting a property gives you a sort of quasi ownership and certain rights to act in that property as if you were in your own home, but a rental agreement is a contractual agreement,” he said. “You can certainly make a requirement in your contract that no smoking is allowed in your facilities. If they agree to that contract then they would be banned from smoking in your facilities.”
Tesson, a smoker who is in the process of quitting, says banning smoking inside the old armory would not be necessary if there was adequate respect between smokers and non-smokers.
“We’ve got smokers in our group and people that don’t smoke. Those that do smoke try to be considerate and respectful of those who don’t by moving to one area and the non-smokers move to another. We get along fine and have no problem. It’s a shame that it’s not a two-way street on respect,” he said.
While as a member of the Hannibal Jaycees, which stages its two major winter events at the armory, Darrell McCoy acknowledged being a “little disappointed” at the council’s decision, he is keeping in mind both sides of the issue.
“There’s pros and cons both ways,” he said. “We’ve been able to get a large draw people from Quincy and other areas who want to stay inside where it’s warm, enjoy a beer, cigarette, whatever. That’s their choice and I respect that. I also respect the choice of people that want to come and enjoy the event and not smell like a cigarette.”
The big concern of the Jaycees is what the smoking ban will do to future Wing Dings and Chili Cookoffs.
“We’ll lose some of our crowd that won’t come because that’s what they (council) have done,” said McCoy.
“We’re hoping that it won’t affect our events. We’re going to make the best of it and hope that our events continue and get bigger and better, and we can continue to donate back to the community,” said Jennifer Foster, 2010 president of the Jaycees, who estimated the non-profit organization donated approximately $15,000 back to the community last year.
Don’t look for the Jaycees to seek a new venue.
“The capacity that we have to have for our events each year, there’s no other place that can hold it at this time,” said Foster.
American Biker Charities, however, likely won’t keep its events at the armory.
“It will lead to us trying to find another location as far as I’m concerned,” said Tesson.
Councilman Kevin Knickerbocker, who opposed the policy change, said that as a non-smoker he will likely enjoy Jaycees’ events more in the future, but he believes the city is starting down a “slippery slope.”
“It’s not about smoking,” he said. “The big issue is government regulating a person’s choices.”
“Personally I feel it’s saddening and step toward socialism when we keep taking freedoms away,” added Tesson.
