Monday Magazine

(British Columbia)
September 16-22, 1999

T.K. Demmings

No-smoking fight moves to political arena

Expect the capital region's no-smoking bylaw to be an election issue this fall in more than one municipality, says Brian Mayzes, who's been leading the fight against the smoking ban.

Mayzes, chair of the Victoria Freedom of Choice Coalition, is considering running for the council in Esquimalt and says his group hopes to put up other candidates in an effort to change the makeup of the board of the Capital Regional District, which imposed the Clean Air bylaw in January.

"The people who have upheld this bylaw have to be held accountable for what they've done," says Mayzes. "The only way is to kick their butts out of office."

If enough people who don't agree with the smoking bylaw are elected to councils and given positions on the CRD (Capital Regional District) board, Mayzes says the bylaw could be changed in favour of ventilation solutions.

He believes there are enough people upset about the bylaw's effects on Legions, charities, bingo halls, and the hospitality industry that the ban will be a hot campaign topic this fall.

"We don't have enough money to pay for lifeguards at Thetis Lake but money is being spent enforcing this thing," he says, arguing that the bylaw still isn't working. "You go all over town and people are smoking."

Mayzes continues to fight despite having lost his job as general manager with the Esquimalt Inn on August 18 - just eight days after the CRD dropped injunction proceedings against the financially troubled hotel, as long as the Esquimalt Inn's receiver agreed to comply with the bylaw and pay a $100 fine.

"You're fighting someone that has a never ending supply of money. It's a lose-lose situation," says the new manager, Glenn White.

The pub now has a sign on its door warning customers that the receiver cannot condone or assist people in breaking the bylaw because of the risk of an injunction. White says the staff are doing the bet they can to comply but it's hard to throw people out. "We're just trying to keep a low profile."

Mayzes' firing had nothing to do with his fight against the bylaw, White says, adding that the new receiver simply made a decision to hire a new manager.

Mayzes says that although he is upset about losing his job, he doesn't believe he has any legal grounds to challenge his dismissal. "I don't think it was fair or a good business decision, but it's their choice."

Mayzes still faces legal proceedings for failing to comply with the bylaw. He's filed a statement of defence and is waiting for a trial date to be set by the courts, but he has no regrets. "Now I'm an unemployed non-smoker and I'm still involved in the fight. People should have a choice. It's a freedom issue."