Overland Park a ‘nanny state’? Council raises tobacco sales age despite criticism

A few city council members called it the act of a “nanny state” and a “regulation nation,” but a majority of the Overland Park City Council approved a new city ordinance raising the minimum age for buying tobacco products, including electronic cigarettes, to 21.

The council spent an hour debating it, but ultimately voted 9-3 to raise the age limit from 18. Council members Dave Janson, Dan Stock and Fred Spears voted no.

In passing the measure, Overland Park became the 11^th city in the Kansas City area to sign on with the Tobacco 21 initiative. Tobacco 21 is an effort by a partnership of area businesses, health care agencies and governmental bodies to raise the tobacco and e-cigarette buying age. Olathe, Prairie Village, Lenexa, Kansas City and the Unified Government of Wyandotte County have all passed similar laws.

The ordinance would restrict buying and selling of nicotine products, including smokeless tobacco, but did not address possession by people under 21.

The proposal met with vocal opposition from three council members who objected to it as an unreasonable intrusion into the rights of young adults. Some said the newly restrictive ordinance would contribute to a patchwork of confusing laws that varied by city. They said tobacco age restrictions were better left to the state.

Stock said he supports the goal of discouraging smoking among young adults, but said the misdemeanor conviction could make it hard for violators to find jobs. He and other opponents said the focus should instead be on education.

“I hate opposing this. I hate it,” Stock said. “I wanted to support it with all my heart. I am not pro smoking.”

But he said the rule would result in increased illegal sales, be hard to enforce and criminalize young people addicted to nicotine. “Voting in support of this is in my opinion like demographic profiling of our community,” he said.

Still, a no vote is difficult, he said. “I feel like voting against this is voting against motherhood and apple pie,” Stock said.

Stock disliked the idea of making age restrictions on people who are legally adults in other things, such as marrying and signing a contract. He said evidence shows driving a car can be a risk for people older than 65, but pointed out that they are not barred from driving based only on age.

Spears agreed, saying, “This falls into developing a more inclusive nanny state and one more step toward removing personal choice for people.”

Janson said he did not condone smoking, but disagreed with the proposal. “This ordinance has all the makings of what we all know as a regulation nation and I’m tired of it,” he said. “This looks like something trying to protect me from myself. Stop it.”

Stephen Duerst from Frederico Consulting asked the council to consider “tweaking” the ordinance and look closely at the types of products it includes. He said some types of smokeless tobacco products can be a useful tool for smokers aiming to quit. One of Frederico’s clients is Swedish Match, maker of Snus, a moist powder tobacco that was test marketed in the Kansas City area in 2007.

The council did not change the ordinance to accommodate his request.

Proponents of the new age limit said the change will at least curb smoking among young adults by making it more difficult to buy the products. Dr. Edward Ellerbeck, chairman of the department of preventative medicine at KU Medical Center, said the measure could reduce consumption of tobacco by 20 percent among youths, saving lives.

“The reason we’re here is about our kids,” he said. “We’re trying to improve the health of our kids.”

Councilman Terry Goodman said arguments that the new law would be confusing and difficult to enforce didn’t make sense. There are already laws prohibiting sales to kids under 18, he said. The ordinance would use the same enforcement tools, only with a higher age. And the ordinance is not a new precedent, since young adults already are prohibited from buying alcohol, he said.

“If there’s anyone on this council that thinks it’s a good thing to make it easier for your kids and your grandkids to buy tobacco then by all means vote against this ordinance,” he said. “I want to do everything I reasonably can to make it more difficult for our young people to utilize these very harmful substances.”

Dave White said failing to approve the new age could cause other problems for the city. Council members should consider whether they want the city to become a destination city for underage smokers, he said.

“If we don’t pass it, guess where everybody in Missouri is going to come to get their cigarettes? It’s going to be Overland Park,” White said.

Also at the meeting, the council unanimously approved Economic Development Revenue Bonds of $7.7 million to finance renovations at Nall Hills shopping center at the southwest corner of 95^th Street and Nall Avenue.

The redevelopment plans feature a Sprouts Market specialty grocery store as well as landscaping, facades, lighting and other improvements. The area already has a special sales tax of 1 percent for a community improvement district to help finance the development. Economic development bonds allow an exemption of sales tax on construction expenses for the project.

The council in February approved $2.9 million for economic development bonds, but increased the amount because labor had not been included in the original sum. Labor is also subject to sales tax.

This story was originally published May 17, 2016 at 9:59 AM with the headline "Overland Park a ‘nanny state’? Council raises tobacco sales age despite criticism."