Legion?Seeks Changes to Smoking Ban

Nearly a year has passed since the Randolph County smoking ban went into effect. The regulation that prohibits smoking in most public places has had a tremendous affect on revenue at the H.W. Daniels American Legion Post 29 - so much that the organization may not remain open for another year, according to Carman Metheny, who addressed the County Commission Thursday on behalf of the American Legion board of directors.

Metheny told commissioners that in the last year, the American Legion has dipped into its savings to meet regular expenses and borrowed from a line of credit to help with a community project.

"We can't support the community or ourselves," Metheny said. "I can't believe how drastically things have changed since the ban."

Because of declining income and gross profits, the American Legion has been able to donate only $7,404 to various civic projects and community youth-oriented activities in the area since Aug. 1, 2007, Metheny said. During the years before the smoking ban, the American Legion donated more than $40,000 per year, he explained.

Of the $7,404 donated this year, $5,000 was borrowed on a line of credit to help fund the new Elkins High School baseball field, Metheny said.

The American Legion has also withdrawn more than $39,000 from its reserve capital to pay pay bills and meet other expenses, Metheny explained.

In light of the financial situation, Metheny asked the Commission to meet with the Randolph County Board of Health to request that non-profit organizations be permitted to have designated non-smoking areas within the establishment.

"I really think an impact study needs to be done," Metheny added.

The American Legion board of directors believes the loss of revenue may mirror that of other organizations, Metheny said.

"My recommendation is we take this under advisement and we'll let you know before the next commission meeting," Commissioner Mike Taylor said. "Give us a chance to study it, take a look at it, read it over before we make a decision today."

Commissioners unanimously voted to take the request and information under advisement.

The American Legion's board of directors also believes the smoking ban is discriminatory because hotels, motels and bed and breakfasts may allot one fourth of its rooms for smoking; bingo halls that sell more than 100 bingo cards may permit smoking; and conference rooms and public or private assembly rooms may allow smoking when used for a private function.

"It appears the regulation is written to enhance tourism and for profit organizations, and infringes on all non-profit organizations that compete for tourism dollars," Metheny said. "Many of the bus travelers who used to patronize the Legion do not come in now because of the smoking ban."

Some of the county's tourism could be affected by the smoking ban within the next year. If the Legion continues to loose money, it will likely be unable to sponsor a baseball team in 2009 and without the Post 29 team, the Hillbilly Hardball Classic will be affected, Metheny explained.

"Twenty-four teams came to Elkins this year, and this was a huge impact to the motels, hotels, restaurants and convenience stores," Metheny said.

The American Legion has been a part of Elkins for more than 80 years, Metheny said.

"It may not be here next year because of the ban," he concluded. "I hate to think that we might lose that significance."

In other business, the commission:

- Unanimously approved the hiring of Megan Bennett as a full-time dispatcher for the 911 center.

- Unanimously approved the hiring of Tammy Hinzman as a part-time, non-benefited employee in the tax office. Hinzman will begin work July 7.

- Unanimously approved $3,000 to be given to the Mountain State Forest Festival from the Hotel/Motel Tax fund to purchase new tables, flags, chairs and other needed items.

- Unanimously approved $2,500 to be given to the Historic Beverly Foundation. The money will be taken from the Hotel/Motel Tax fund.

- Unanimously approved $2,500 to be given to the Rich Mountain Battlefield. The money will be taken from the Hotel/Motel Tax fund.