A proposed ordinance prohibiting smoking at city of West Bend restaurants was defeated Monday night by the Common Council.

Even though a controversial no smoking ordinance that would affect city restaurants was soundly defeated in a 5-2 vote by the West Bend Common Council Monday night, a little-known and rarely used municipal law allows the measure to be re-introduced next week for a "final vote."

To that end, smoking ban opponents will not be allowed to breathe easier until that vote next week and possibly a third vote the following week - if certain conditions are met - is cast.

"I've served on this council for 10 years, "said an angry Terry Vrana, the District 7 alderman who voted against the measure "and I've never heard of this being used before."

Mary Binkowski, the city attorney who brought the issue up - unprompted - said the municipal code allows a reintroduction if significant language change is made in the ordinance, or if it was sought by an alderman who voted against it.

"I'm not buying that," Vrana replied, "but you can play your games."

The initiative, which was first proposed by the Washington County Initiative For Smoke Free Environments (WISE) to reduce exposure to secondhand smoke, has generated a lot of controversy in the community, not only among smokers, but by the businesses that serve them.

Many restaurant owners - including ones that do not allow smoking - have railed against the initiative, basically saying the city should butt out of their businesses, that it is a matter of choice.

The four other aldermen who voted against the measure - Thomas O'Meara from District 2, Allen Carter from District 5, Janelle Philippi from District 6 and Scott Frederick from District 8 - voiced that particular theme in their individual remarks prior to the vote.

O'Meara, who gave a lengthy presentation, said special interest groups "are asking us to ban cancer. But we cannot do that. I, personally witnessed the tragedy of cancer, but I can't ban the disease, not in what I call a knee jerk law, one based one emotion. This is about the right to chose."

Frederick agreed, saying the majority of his constituency had similar feelings.

"You will not be harmed by secondhand smoke if you do not go to restaurants that allow it," he said.

King Riffel from District 3 - who made his sentiments known prior to a formal vote - and Doug Bade, from District 1, voted in favor of the proposal.

Riffel said the majority of his constituents were in favor of the proposal, adding that it was the right of aldermen to "protect the health, welfare and safety of all residents.

Bade agreed.

"One life saved is worth more than a pack of cigarettes," he said.

Glenn Goodearle, from District 4, was not in attendance at the meeting, but in a letter read by Mayor Michael Miller said he was in favor of a modified smoking ordinance that would allow smoking in restaurants during stipulated hours of operation.

Miller himself has pushed the initiative and there were murmurs coming from the crowd in attendance that Miller had "stacked the deck" in order to bring the ordinance back.

During his comments, Miller lashed out at West Bend Area Chamber of Commerce Executive Vice President Cesar Suarez for opposing the initiative.

"He said the ordinance would hurt these businesses, but he never gave any proof or facts to support it," he said.

After the meeting, Suarez said he was "encouraged" with the council vote, but said the issue all along was "the right to choose."

Linda Walter, the director of the Washington County Health Departrment and a member of WISE, said she was "obviously disappointed" with the vote, but said she will continue to support the organization in its "educational efforts."