The Madison Common Council voted 13-7 late Tuesday to pass an ordinance that will ban smoking in restaurants. The ordinance will go into effect Jan. 2, 2006.

Many of the restaurants that will be affected by the ban have already spent many thousands of dollars on specialized ventilation systems that filter secondhand smoke.

The compromise states that all restaurants that allow smoking in separately ventilated rooms must eliminate smoking in those rooms by Jan. 2, 2002; full-service bars with less than 33 percent alcohol sale, must eliminate smoking by Jan. 2, 2005; full-service bars with between 33 and 50 percent alcohol sales must ban smoking by Jan. 2, 2006; and restaurants, anywhere with 50 percent or less alcohol sales, must eliminate smoking by Jan. 2, 2003. If there is a 10 percent or more decline in sales, the establishment will be exempt from the ordinance for 12 months in order to allow customers to become familiar with the ban.

In the early ’90s council members told restaurant owners if they spent the money to put in the air systems, they would not have to worry about a complete smoking ban.

At the meeting Tuesday, many of the city’s restaurant owners showed up to voice their disappointment and opposition to the ordinance.

Marsh Shapiro, who does not drink or smoke himself, has owned the Nitty Gritty Bar and Grill for 34 years. Shapiro, who is 64 years old, spoke to the council about the dangers people in his generation face every day, such as riding in cars without seat belts or swimming without a lifeguard. He ended his speech by saying it is time for people to take responsibility for their choices. Shapiro said he opposed the ordinance because it took away the freedom of responsibility.

Shapiro was not the only restaurant owner present at the meeting; representatives from six area restaurants were there. All were opposed to the ordinance, saying they had the right to choose how they wanted to run their businesses, just as those who go out to eat have a choice of where they go.

Another group that was represented in great numbers was the American Cancer Association, who supported the ordinance.

Allison Prenny, an employee of the association, worked alongside members of the council and restaurant owners to come up with a compromise. She said she has spent much of the past six weeks talking with restaurant owners, trying to find a way for both parties to be satisfied with the outcome of the compromise.

Prenny also said, “I see this as primarily a public health issue and not an issue of economics. Protecting the people’s health should come first.”

Ald. Cindy Thomas, District 7, expressed dislike for the compromise.

“Right now there are smokers and nonsmokers, and each have a place to go. This compromise is not a compromise,” Thomas said. “In 2006, it does not give smokers anywhere to go to smoke. I feel sorry for the industry because of its loss.”

Thomas then said she would not be able to vote for the ordinance in the present form.

Many of the alderpersons expressed frustration with the compromise as it was.

Ald. Judy Compton, District 16, said she did not believe there was enough information given about alternatives to the ban, such as more advanced ventilation systems. She urged others to wait until further research could be done on whether new ventilation systems would work to reduce secondhand smoke inhalation of employees and restaurant patrons.

Ald. Timothy Bruer, District 14, said that bars will be next. He sees the smoking ban as growing and growing within the community.

“Down the road in five or so years, we will be targeting bars and trying to ban smoking in them. Then later we could be telling people that they cannot smoke in their own homes,” Bruer said.

At the end of the night, the council voted 11-5-2 to go on record as saying it opposed going to war with Iraq. The only person who spoke against the proposal was Thomas, who said the council was overstepping its authority by discussing military action on Iraq.

“We have a job; our job is not to decide this kind of legislation,” she said. “I would never vote for these kinds of discussion.”

— Julia Westhoff contributed to this report