Beaufort County passes smoking ban - New law to take effect Jan. 10

Smoking in indoor workplaces -- including bars and restaurants -- in unincorporated Beaufort County will be banned beginning Jan. 10, following the Beaufort County Council's final vote on the measure Monday.

Beaufort County is the first county in the state to adopt a public smoking ban, though Lexington and Richland counties are considering bans. Additionally, at least six state municipalities -- Beaufort, Bluffton, Hilton Head Island, Charleston, Clemson and Liberty -- are considering or will consider smoking bans. Columbia, Sullivan's Island and Greenville have already passed smoking bans but are facing legal challenges.

The ban passed in a 9-1 vote, with outgoing Councilman Frank Brafman casting the only dissenting vote, because, he said, the science on second-hand smoke is imprecise, there was no exception for separate bar rooms and there is an illogical exception for some hotel rooms.

"Protecting someone in a workplace that is a restaurant is no different than a workplace that is a chemical plant," said Councilman Mark Generales in response to two public comments characterizing the issue as one about inappropriate government regulation of personal freedoms. Generales proposed the ordinance.

The council made one amendment to the ordinance, putting the enforcement burden entirely on the Beaufort County Sheriff's Office, in accordance with requests by Sheriff P.J. Tanner and County Administrator Gary Kubic. The ban was originally to be enforced by county codes enforcement and the Sheriff's Office.

Also Monday, the council passed on the second of three required readings its proposed Lawful Employment Ordinance, which aims to eliminate illegal immigrants' job opportunities in the county through audits and business license suspensions of businesses with illegal workers.

In a council committee meeting Monday, council members asked Kubic to prepare for mass audits of at least 25 percent of all licensed businesses. Kubic said about 5,000 businesses were licensed by the county and estimated needing $210,000 for a year's worth of audits but later said he would return to the committee with a better idea of what he needs.

The ordinance passed in a 9-1 vote, with Councilman Dick Stewart in dissent. Stewart said while the ordinance doesn't mandate racial discrimination, it is "naive" to think it won't occur as a result. Stewart cited an anecdote Celina Echague of Bluffton shared at a Nov. 13 council meeting, when she said she was offended when a stranger in a grocery store demanded that she stop speaking Spanish with her husband. Stewart called for further study of the ordinance's impact.

In the committee meeting, Kubic also presented "empirical evidence" meant to show illegal workers' harm to county residents, though Stewart and several critics attacked the information's validity. Kubic presented increases in the county's Hispanic population, increases in indigent medical care costs at Beaufort Memorial Hospital, indigent legal costs from the criminal justice system and increases in English as a second language funding, totaling tens of millions of dollars.

Kubic did not address the logical gap between equating increased services for indigents or Hispanics to evidence of illegal workers burdening the county, which John Garcia, a spokesman for the Puerto Rican Legal Defense and Education Fund, said indicated racial profiling.

"This committee essentially said, 'This is about targeting Hispanics,'" Garcia said.

The latest draft of the Lawful Employment Ordinance is less controversial than past versions, largely reinforcing existing federal and county codes. Past drafts used resident complaints to drive the investigation process.

To identify illegal workers, the ordinance relies on the U.S. Citizenship and Immigration Services agency or another state or local agency that shares information with the federal agency, instead of past drafts using the federal Basic Pilot Program, a free online service that attempts to verify employees' I-9 form information.

If businesses choose to appeal the county's verification of an illegal employee, they have up to 60 days to prove the employee has legal status. Beyond that, businesses may appeal in a County Council hearing. Business licenses would still be valid during these appeals.

The council will hold a special meeting Dec. 27 so current council members whose terms expire at the end of the year can pass the ordinance before a majority freshman County Council takes over in January.