Could Brookhaven be the latest city to pursue a ban on smokingin all public buildings?

The suggestion Tuesday from Ward Five Alderman D.W. Maxwell drewa tepid response from most of his fellow board members, but WardSix Alderman John E. “Buddy” Allen voiced strong opposition.

“I’m a smoker. I can’t do that,” Allen said.

Maxwell said a possible public building smoking ban had beenmentioned to him by several constituents, and he was relaying theirthoughts to the board. He sought no action last night.

“Everybody can just think about it,” Maxwell said.

Ward Four Alderwoman Shirley Estes said restaurants havedesignated areas for smoking. She indicated reservations about thecity possibly becoming too much like “Big Brother” if it were toban smoking in all public buildings.

Allen was firm in his opposition to the possible ban. He saidlaws like smoking bans are obstructing people’s rights.

“What you’re doing is, slowly but surely, taking away from theAmerican way,” said Allen, who vowed to fight Maxwell if hecontinued to pursue the smoking ban.

Board members took no action last night.

In another potentially controversial measure, progress on ahistoric preservation ordinance has slowed due to state concernsabout law changes sought by the city and local officials’ concernsthat the ordinance may be too cumbersome.

Mayor Bob Massengill last night presented a revised proposalthat included changes for abolishment of the preservationcommission or removal of its members, provisions for propertyowners to “opt out” of historic districts, and regulations forcommission expenditures.

City Attorney Joe Fernald said a state Archives and Historyofficial was “not enthusiastic” about the ordinance changesproposed by the city. The mayor requested board guidance on how toproceed.

“We really need to see what he says,” said Estes, following upon a suggestion the representative attend a future boardmeeting.

Maxwell, though, was ready to move forward and submit theproposal to Archives and History for review.

“If it’s not acceptable, we can come back and tweak it so itwill be,” the alderman said.

Estes said she had read the ordinance twice, and she consideredit “very stringent.” She said she was in favor of historicpreservation, but she was also concerned about the burden the lawcould put on individuals.

Allen voiced similar reservations.

“I want to pursue it, but I don’t want to get in a situationwhere our citizens can’t move,” Allen said.

Massengill said the ordinance initially was proposed as a way tohelp Brookhaven Little Theatre get a grant to help restore TheHaven. Adoption of an historic preservation ordinance by the cityis part of the process in being eligible for a grant.

“It appears to be fairly cumbersome,” Massengill said aboutordinance provisions.

The mayor said the key to success would be developing anordinance that everyone could live with and also having the rightpeople serving on the historic preservation commission. Aldermenagreed to invite the Archives and History representative to a worksession prior to the Dec. 5 meeting.