By PAUL STONE

Citizens can no longer legally light up at their discretion in the city of Palestine.

By a split vote of 5-2, the Palestine City Council approved an ordinance Monday night which will essentially ban smoking in public places.

Private clubs, bars and bingo halls are exempt from the ordinance which is largely patterned after ones already in place in Tyler and College Station.

Mayor Bob Herrington and council members Andrea Baird, Vernon Denmon Jr., Kathi Masonheimer and Steve Presley voted for the stricter ordinance, while council members Vickey Chivers and Jim Yelverton cast the dissenting votes.

The council began considering a stricter ordinance this past August after being approached by Cody Harris, president of the Palestine Young Professionals Network, and other members of the same organization.

Those individuals cited the negative health consequences of second-hand smoke, while also indicating they felt such a proactive stance would make Palestine more attractive to prospective young professionals considering relocation to the city.

A public hearing on a possible smoking ordinance attended by approximately 60 persons was held on Sept. 21. During that hearing, nine people supported a stricter smoking ordinance, while three others supported maintaining the present ordinance.

Palestine’s new ordinance was not passed without opposition Monday.

Yelverton said his wife suffers from COPD after approximately 50 years of smoking. She no longer smokes, but the councilman said he smokes “a little bit” and always “on the patio.”

If a restaurant permits smoking, the councilman said he and his wife select another option.

“We choose not to go there,” Yelverton said during the open meeting.

Yelverton said one of his primary concerns was the fate of waitresses working at two Palestine restaurants which previously permitted smoking in designated sections.

“I’m going to vote nay on this,” Yelverton said, “even though I’m for it.”

Chivers said she supported Yelverton’s position.

“I’m going to agree with Mr. Yelverton,” Chivers said during the open meeting. “I have no problem with the ordinance, but we do have an ordinance in place.”

The council member said she polled a number of her constituents.

“They told me, ‘If it’s not broke, don’t fix it,’” Chivers continued. “It’s a matter of choice.”

Yelverton added that he believed the ordinance represented governmental intrusion into the lives of its citizens.

“My only complaint is it’s another case of the government telling you what you can and can’t do,” Yelverton said.

Baird objected to Yelverton’s comments, pointing out the council considered the ordinance only after being contacted by members of the community.

“We’re not big government taking over here,” Baird said. “It’s not that at all.”

The council’s split vote to adopt the new ordinance drew polite applause from some members of the audience.

In other business Monday, the council also:

* APPROVED ordinance establishing an Identity Theft Prevention Program.

* APPROVED confirmation of Wendy Ellis as director of the Palestine Economic Development Corp.

* APPROVED ordinance regarding a zoning change from RE Residential Estate to C-4 Highway Commercial District and R-1 Single Family Detached Low Density District on properties located on U.S. 287 South, Renner Road and CR 145.

* APPROVED proposals totaling slightly more than $12,500 for removal, demolition and disposal of property at 712 W. Oak St.

* APPROVED purchase of new fire engine.

* APPROVED ordinance adopting extended hours for sale of mixed beverages until 2 a.m. within City of Palestine.

* APPROVED resolution expressing intent to finance expenditures to be incurred in connection with acquisition of Palestine Mall.

* APPROVED ordinance approving budget amendments for fiscal year 2009-10.

Paul Stone may be contacted via e-mail at pstone@palestineherald.com