May 10, 2004

A 6-1 decision from the Kentucky Supreme Court upheld an ordinance making Lexington the first city in the tobacco rich state of Kentucky to ban smoking in virtually all buildings.

Mayor Teresa Ann Isaac and the Urban County Council passed the historic ordinance in July 2003. "We knew all along we were on good solid legal ground," said Isaac, an attorney and former member of the Council, who pushed for passage of the ordinance. Kentucky is the nation's second largest producer of tobacco. Isaac said, "Kentucky leads the nation in the number of those with lung cancer and smokers in general. We have to change that."

The ordinance bans smoking in most indoor places open to the general public.

Because smoking and tobacco are so deeply imbedded in Kentucky's culture, Isaac strongly supported the months of debate and public hearings held to educate the public, business owners and council members on the effects of second hand smoke prior to the Council's decision.

Ironically, the Urban County Council must provide an indoor public smoking area in its own building because the 1994 Kentucky General Assembly passed a law requiring designated smoking areas in all government buildings in the state including airports.

Lexington joins 1,702 cities from across America that has banned smoking in public places in spite of objections from the tobacco industry, restaurant industry, and preemption legislation proposed in the General Assembly.

Isaac and Lexington Health Department officials are encouraged by the increases in tax revenue other cities with smoking bans are experiencing. It is hoped that non'smokers who make up the majority of Lexington's population will frequent restaurants and bars without the discomfort and health hazard of being exposed to second hand smoke.