The Flower Mound Town Council voted Monday to join the likes of Southlake, Plano, Rockwall, Frisco, Arlington and many other towns and cities who have recently approved bans on smoking in all restaurants, bars, retail stores, public parks and places of employment located in residential areas.

    As in other jurisdictions, expressed concerns by citizens, council members and health experts over the dangers of secondhand smoke in public places won out over concerns that a ban would harm the town's economy and shift sales tax dollars to neighboring cities such as Lewisville and Highland Village, which does allow smoking in restaurants and bars. "The public's health is paramount for the council and that is what weighs the most in my decision," said Mayor Pro Tem Tim Trotter. Council members Al Filidoro, Joel Lindsey and Tim Trotter voted in support of the ordinance, while council member Jean Levenick cast the lone vote of opposition. "It isn't an issue of smoking for me. It's about property rights, and I think you get on a real slippery slope when you start telling people how they can or cannot run their  businesses," Levenick said.

    Several residents expressed concern for employees, teens in particular, who work in businesses for up to eight hours on a shift and how constant exposure to secondhand smoke could affect their health. Levenick said she believes there currently are enough restaurants in the town that prohibit smoking in which teens may be employed. "We have 80 percent of the restaurants in our town that are non-smoking, and I believe that is plenty for teens to be able to have a job or for families to be able to take their children," Levenick said. "My job is not to sit up here and tell people how to conduct business," she added. Several citizens spoke about their concerns of losing freedoms and said they believe individuals have the right to smoke in public places. Council members Filidoro, Trotter and Lindsey each expressed the deep consideration they had taken on the issue and impending vote. "I've consistently been in favor of the ban, and I'm still in favor of individual rights. Individual rights are not a problem until you affect someone else," Filidoro said.  

    The ordinance, which is set to take effect Jan. 1, 2009, will prohibit smoking in all restaurants, bars, retail stores, indoor places of employment and public parks. It also requires a setback of 25 feet from any entrance to a public building. Per the ordinance, smoking is allowed in private residences, automobiles, public sidewalks, outdoor places of employment and parking lots within public parks where the setback requirements are met. A maximum penalty of $500 will be issued for those in violation. In preparation for the vote, town employees compiled information on the ordinances of 15 area cities and gathered information on 124 businesses holding a food permit in the town.