Boise residents Mikel Hautzinger and Miles Stirewalt have filed a request for a regulatory-taking analysis with the City of Boise, on behalf of three hookah bar owners. The "regulatory takings analysis" procedure comes from Idaho State code, related to the Fifth Amendment provision that no citizen should be deprived of something like a business without compensation.

Hautzinger said three business owners from the Babylon, Alibaba and the once-planned Aladdin hookah bars have closed up their shops in response to the smoke-free ordinances.

"This is really a sad story," said Hautzinger. "They’ve left oppressive government in the Middle East to create these businesses. It’s terribly sad."

Hautzinger does not have a legal background, but investigated the regulatory-taking statute of Idaho code with legal aide and friend Stirewalt.

"We pretty much agreed that it was asinine that city leaders could do this to businesses," said Stirewalt.

Their argument is that when the City of Boise passed the smoke-free ordinances late last year, they harmed the livelihoods of these business owners. The law banned smoking in indoor facilities where employees are present, closing the hookah bars, where smoking indoors is the name of the game, for good.

The city has 42 days to respond to the request, after which they will hand it off to their attorney's office, or dismiss the claim outright. Stirewalt suggests that he would appeal a dismissal.

Meridian has become the first municipality in Ada County to ban smoking in public parks. While the city of Boise moves forward with its effort to curb smoking, Tuesday night Meridian's City Council voted unanimously to extend an existing ordinance to include parks as places to post no-smoking signs. Smoking would be allowed in the parking lots of Meridian parks but violations for smoking in the park could be punishable by a $50 fine.

Boise's Park and Recreation Department has been crafting an ordinance in conjunction with the city's legal department that could see a ban of smoking at or near any recreational location (baseball diamond, soccer field) where youth may gather. The Boise ordinance has yet to make it to a City Council agenda.

The City of Eagle was well on it's way to becoming the first smoke-free city in Idaho, until last week, at least. Councilman Michael Huffaker put a stop to the city's Clean Indoor Air Ordinance when he changed his vote on June 23.

The ordinance would have prohibited smoking at all businesses with more than five employees, including standalone bars, and would limit where smokers could light up outside, within city limits.

At the June 9 City Council meeting the ordinance was read for the first time and passed with a vote of 3 to 2. It seemed as if residents could soon breathe fresh air in Eagle. There were few objections to the ordinance except for a sprinkling of residents who were concerned about over-regulation.

Huffaker joined the skeptics last week when he changed his vote in opposition to the ordinance saying that possible detriments to the City of Eagle outweighed the benefits to the city. Huffaker cited a study that claims that if bar rats can't smoke in their favorite bar in Eagle they will drive to neighboring cities to get their fix and then drive home drunk.

In a statement to the citizens of Eagle, Huffaker says, "I came to the Council meeting on June 23rd fully prepared to vote the same as I did on June 9th, but after listening to all the arguments again both for and against the ordinance, I felt myself being persuaded that although the intent and purpose of Ordinance 622 was good, that passing this particular ordinance was not the best way to accomplish that purpose ... It was a very difficult decision to make but I felt I had to vote my conscience and for what I thought would be in the best interest of the city as a whole."

Eagle City Council hasn't quite stopped fighting for clean air just yet, though the ordinance has been tabled. They plan to send a resolution letter to the Idaho Legislature to encourage a statewide ban.

Tuesday night, Eagle Mayor Phil Bandy cast the deciding vote to prohibit smoking at all indoor public places within city limits.

The ordinance will go through two more public readings before residents will have to relinquish their habits in public places. Shauneen Grange of Smokefree Idaho, the group that brought the ordinance to Eagle, commended the city in a statement, saying, “Secondhand smoke is a known public health hazard and no one should have to choose between a job and good health."

The council members were split with Norm Semanko and Jeanne Jackson-Heim voting against and Michael Huffaker and Al Shoushtarian voting for approval. Bandy cast the deciding vote.

Semanko first moved to pass the notion of a public smoking ban on to the state Legislature for statewide consideration, rather than voting for it at the city level, but his motion failed. Huffaker then suggested passing the Eagle ordinance and also asking the Legislature to consider a statewide ban, as Semanko had suggested.

Smokers not following the ordinance will receive a warning for the first offense and a $25 fine, second and third violations face a $50 fine.

Eagle is the first city in Idaho to expand statewide smoking limitations to bars, small businesses and all public places. Smokefree Idaho has also approached Boise, Garden City and Meridian.

In other tobacco news, Idaho's entire congressional delegation has voted in favor of FDA regulation of tobacco products in the form of the Family Smoking Prevention and Tobacco Control Act. Sen. Jim Risch issued the following statement: “Tobacco products and their effects are a scourge to our nation. They take a tremendous toll on our health and make up a significant portion of our soaring health costs. This bill continues the general tightening of restrictions on the industry to limit the spread of these dangerous and addictive products.”