City butts out of bar, eatery patios

Durango City Council on Tuesday was told to butt out of bar owners livelihood with an excessive outdoor smoking ban in most public outdoor areas, such as saloon patios.

The busy work legislation should be edited to remove all references to private businesses, said Phil Roth, the owner of the 8th Avenue Tavern who has invested in a screened-in patio that has become a sanctuary for smokers.

Roth counted three bars and seven alcohol-serving restaurants with outdoor patios in Durango.

Billy Faucheux, a veteran of Vietnam era who doesnt smoke, said he was worried about the loss of individual liberties.

Where do they stop? Faucheux said in an interview. I dont want to see peoples rights taken away from them. Its as simple as that.

The council agreed with Roth and fellow bar owners, deciding to separate bar and restaurant patios from the ban while keeping in place restrictions on smoking on city-owned property and public areas such as parks, playgrounds, bus stops, the Animas River Trail and the lawn outside the Durango Community Recreation Center.

The council also tweaked the ordinance language to exclude the Hillcrest Golf Course and the citys playing fields at Fort Lewis College.

The ban will be enforced with fines of $100 for first offense and as much as $200 to $300 fines for consecutive offenses.

A formal vote was not taken because City Attorney David Smith must still write the ordinance with the revisions. It will return in two weeks.

Mayor Doug Lyon said he would have exempted the river trail from the ban because people on the trail are more likely to be exposed to smoke from the train than from secondhand cigarette smoke.

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City butts out of bar, eatery patios