St. Charles County Council move could limit smoking ban lawsuit

Legislation will be introduced Monday night to correct inconsistent language in the county ordinance passed last month that put a smoking ban package on the Nov. 6 ballot. Approval of the clean-up measure could remove some legal arguments in a lawsuit filed Thursday seeking to keep the two smoking-related questions off the ballot.

The suit, filed by bowling alley owner Terry Alexander, alleges that the ballot questions in the council-approved ordinance include language clashing with other parts of the ordinance such as new wording that would go into the county charter. For example, the suit points out, the planned charter wording doesn't include a proposed exemption for private clubs in one of the two ballot issues. Such wording could mislead voters, the suit says.

Council Chairwoman Nancy Matheny, R-Weldon Spring, said she expected that the clean-up measure would be passed at the council's Sept. 24 meeting. Matheny said county attorneys had suggested changing the wording before the suit was filed. The clean-up bill, however, doesn't address the suit's separate argument that the council violated a county charter requirement regarding introduction of bills. The charter says bills must be read aloud in their entirety when introduced unless written copies are available to the public through the county registrar's office at least 36 hours before the meeting.

In this instance, the suit notes, the bill wasn't submitted in time but still wasn't read in full. County Counselor Joann Leykam has said previous court cases concluded that such rules don't apply to measures that ultimately are decided in an election. The lawsuit by Alexander, a former county treasurer, was assigned to Circuit Judge Lucy Rauch. Under the council's unusual two-question plan, voters would first decide on a proposal for a countywide ban on smoking in enclosed public places and places of employment.

They then would vote on a separate proposition exempting private clubs and any facility where patrons and employees are over age 21, such as bars and casino gambling floors. The exemption measure also would apply to 20 percent of hotel rooms. The propositions would apply to both unincorporated areas and municipalities, although cities would still be allowed to enact tougher laws of their own.