By Jason Skog
News Tribune staff writer

Duluth is going smoke-free -- sort of.

The Duluth City Council passed an ordinance early Tuesday that would ban smoking in restaurants but allow for a variety of exceptions.

The 6-3 vote came after nearly five hours of debate and discussion and occurred at 12:40 a.m. today.

``We passed the ordinance,'' Council President Greg Gilbert said immediately after the vote, almost sounding as if he couldn't believe it.

Many in the audience met the vote with a standing ovation.

``We'll make this work,'' said Steve O'Neil of the Twin Ports Youth and Tobacco Coalition, visibly elated at the outcome of the council's vote. ``We passed a good ordinance.''

``Duluth took a giant step,'' said Pat McKone, senior director for the American Lung Association.

In a packed City Council chambers, more than 40 citizens signed up to speak at Monday's meeting -- a vast majority of them urging the council to adopt the widespread smoking restriction originally introduced.

``I've become very confused in the last month or so as to why a smoking ordinance was introduced in the first place,'' said Duluthian Gay Trachsel. ``My understanding was that it was because secondhand smoke is dangerous.''

Trachsel said all of the revisions and amendments that have been introduced on the smoking ordinance ``reek of secondhand smoke.''

``Pass the true smoking ban and remove the smokescreen,'' she added.

Councilor Donny Ness said he's spent more than 30 hours meeting with people on both sides. In that time, he said the revised ordinance was centered on common ground.

``It's important for folks to gain a little perspective on this,'' he said. ``This amended (ordinance) provides separation between smokers and nonsmokers, provides protection for children under 18 and provides remedies for businesses.''

Ness withdrew his earlier resolution encouraging the creation of a task force to look for nonlegislative solutions to the problem.

But Ness also urged councilors to include an amendment allowing air curtains as an option for separating smoking from nonsmoking sections.

Councilor Gary Eckenberg, a co-sponsor of the ordinance, said he couldn't go for such a clause.

``This is not a comfort issue,'' Councilor Gary Eckenberg said. ``This is not an accommodation issue. This is a health issue.''

Eckenberg ultimately supported the ordinance which contained a clause stating the council might, in the future, accept air curtain technology if it is ``scientifically proven'' to be effective.

Dr. Lisa Vogelsang, co-chair of the Twin Ports Youth and Tobacco Coalition, said ``air curtain'' in place of a solid wall to separate smoking from nonsmoking is inadequate. Pollutants such as carbon monoxide cannot be contained by an air wall and other small particulates and gases, she said.

Vogelsang said if they wanted to test an air curtain's effectiveness, councilors could put a running automobile in the nonsmoking section and sleep overnight in the nonsmoking section.

``I'm kidding,'' she said. ``Why am I kidding? Because you would be dead before morning,'' she said.

Bruce Kasden, deputy mayor of Moose Lake, a city that passed a ban of its own, said as an allergy suffer, secondhand smoke makes him sick. He also said the council had the opportunity to become the first large city in the state to pass such an ordinance.

``You have the opportunity to be heroes,'' he said. ``I have never felt so good as I did when I voted yes on an ordinance banning smoking in restaurants in Moose Lake.''

A letter from 15 Duluth restaurant owners sent to councilors Monday urged the defeat of the smoking ordinance.

``By passing the ordinance, the City Council will be hurting a large majority of the business community in Duluth, while creating competitive advantages for a select few in our community who will be able to make the structural changes to their establishments,'' the letter stated.

Paul Goeb of the Stadium Lanes bowling lanes said he doesn't support a ban of any type.

``We hear about how we're going to be No. 1, and we are -- we're going to hurt every business in town,'' Goeb said. ``We just want to be able to take care of all public interests. We want to be able to give customers what they want.''

Kay Biga, owner of the Duluth Grill, recently installed an air filtration in her restaurant. She did so in hope it would demonstrate that smokers and nonsmokers can coexist.

``What I've been searching for during the past five weeks is a compromise,'' Biga said. ``Technology is improving all the time, and I think we need to take the opportunity to embrace it,'' she said of the filtration system.

But Biga said banning smoking in all establishments -- restaurants and bars -- would level the playing field and would be something she could live with.

Andy Peterson of the Duluth Area Chamber of Commerce, said the ordinance represents a change in people's views on smoking.

``I do think what we are concerned with is that not one single business fails as a result of a change in society,'' he said.

Near the end of the meeting, an unidentified man in the council chambers lit up a cigarette and started puffing in the second row.

``It's my inhaler,'' he said, holding up what looked like an inhaler in his other hand.

A man sitting behind him reached forward and tried to grab the cigarette from the young man's hand. O'Neil of the Twin Ports Youth and Tobacco Association, approached and asked him to put it out. The man then left.

``Phew,'' a member of the audience said.

It was unclear what the man's point was.

``Clearly that sets a new standard for low behavior in a public place,'' Councilor Russ Stewart said later.

Jason Skog covers Duluth city government and the community. He can be reached at (218) 723-5330 or by e-mail: jskog@duluthnews.com

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