Contested Bill to Ban Smoking Is Revived
Opponent of Plan Quit County Council

By Amit R. Paley
Washington Post Staff Writer
Thursday, April 13, 2006

The Howard County Council next week will reconsider a previously shelved proposal to ban smoking in bars and restaurants, a politically charged issue that has renewed tension between the two leading candidates for county executive.

The resurrection of the legislation -- which would ban smoking in eating and drinking establishments by 2008 -- was prompted by the sudden resignation of council member David A. Rakes, who had voted against the bill. Advocates of a smoking ban hope that his successor, who is expected to be selected next week by the Howard County Democratic Central Committee, will support the ban.

In a surprise move, council Chairman Christopher J. Merdon (R-Northeast County), who helped to defeat the measure last year, reintroduced it last week. Merdon says he's not sure how he will vote this time, but his move to bring the bill back prompted criticism this week from his likely opponent in the county executive race and from others.

"I can't imagine a legitimate reason to be doing this," said council member Ken Ulman (D-West Columbia), who, like Merdon, is seeking his party's nomination to replace County Executive James N. Robey in November. "I think that move has left all of us scratching our heads wondering what the motivation is."

Merdon said he introduced the measure -- which was first proposed in the fall by Robey -- because "the dynamics of the council has changed" since Rakes's resignation and "the smoking bill was bound to come up." He said the council needed to resolve the contentious issue before budget hearings next month and added that he couldn't understand why opponents of smoking were questioning his motives.

"It seems to me that they should be happy that the issue is being debated again and not be concerned about why and how it was introduced," he said. "I have provided them with the opportunity to have this bill heard earlier, and they are complaining about it. It doesn't make sense."

Glenn E. Schneider, legislative chairman of Smoke Free Howard County, speculated that Merdon wanted the issue voted on now instead of in the fall when it would be fresher in voters' minds.

"We're worried about the political games that councilman Merdon seems to be playing with people's lives," Schneider said.

Merdon and Rakes were part of a three-member majority that in January voted for a smoking ban that wouldn't fully take effect until 2010. Robey vetoed that measure, saying that 2010 was too late.

"I'm still in favor of the four-year phase-in bill," Merdon said in an interview last week.

When asked how he would vote on the two-year phase-in measure, Merdon said, "It's too early to tell. . . . I'll let you know next month."

The council is scheduled to hold a public hearing on the measure at 7:30 p.m. Monday in the George Howard Building, 3430 Court House Dr., Ellicott City, and vote on the legislation May 1.

Ulman said that after consulting with the new council member, he may introduce legislation that takes effect before 2008.

"I have never liked a two-year phase-in period," he said. "If there are three votes for a phase-in that is a shorter phase-in, I absolutely think that ought to be considered."