Eater Austin - Tracking Austin's Proposed Smoke Regulations UpdatesThe Austin Restaurant, Bar, and Nightlife Bloghttps://cdn.vox-cdn.com/community_logos/52682/favicon-32x32.png2015-08-04T10:12:29-05:00http://austin.eater.com/rss/stream/88535482015-08-04T10:12:29-05:002015-08-04T10:12:29-05:00Austin’s Barbecue Smoke Regulation Is Denied by City Council Committee
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<img alt="Terry Black's Barbecue" src="https://cdn.vox-cdn.com/thumbor/vvL6ZgriqZtVz04Yo_nwjTSgcrw=/49x0:848x599/1310x983/cdn.vox-cdn.com/uploads/chorus_image/image/46893736/DSC_8336_JPG.0.0.0.jpg" />
<figcaption>Terry Black's Barbecue | Robert J. Lerma/EATX</figcaption>
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<p>Barbecue is safe for now.</p> <p>Every member of the <a href="http://www.statesman.com/news/news/local/austin-council-committee-to-consider-barbecue-smok/nnBzx/?ecmp=statesman_social_twitter_2014_sfp">Austin City Council's Health and Human Services Committee</a> <strong>voted against</strong> the <a href="http://austin.eater.com/2015/4/3/8340293/city-council-approves-an-exploration-of-restaurant-smoke-regulation">proposed smoke regulation</a> that would have <a href="http://austin.eater.com/2015/3/30/8309059/barbecue-master-aaron-franklin-slams-proposed-city-smoke-limits">changed the city’s barbecue scene</a>. Instead, the committee suggested that Austin<b> deal with the complaints to 311 on a case-by-case basis</b>, <a href="http://www.statesman.com/news/news/local/austin-council-committee-to-consider-barbecue-smok/nnBzx/?ecmp=statesman_social_twitter_2014_sfp">as reported by <em>The Statesman</em></a>. If the charges are justified, it would go to either the Health Department or the Texas Commission on Environmental Quality.</p>
<p>In March, District 3 Council Member Pio Renteria <a href="http://austin.eater.com/2015/3/30/8309059/barbecue-master-aaron-franklin-slams-proposed-city-smoke-limits">recommended the potential updated code</a> that would require restaurants and trailers to place wood- or charcoal-burning grills at least one hundred feet from all residentially zoned properties, and install pricy smoke scrubbers. As part of the <a href="http://austin.eater.com/2015/4/3/8340293/city-council-approves-an-exploration-of-restaurant-smoke-regulation">stakeholder process</a> initiated after the April city council meeting, two committee meetings had to explore the proposal. The Economic Development committee <a href="http://austin.eater.com/2015/5/12/8594515/austin-city-council-committee-votes-against-barbecue-smoke-regulation">voted against the regulation</a> during its meeting in May, too.</p>
<p>District 9 council member Kathie Tovo, who is also part of the Health and Human Services committee, <a href="http://www.statesman.com/news/news/local/austin-council-committee-to-consider-barbecue-smok/nnBzx/?ecmp=statesman_social_twitter_2014_sfp">elaborated on her vote</a> to <em>The Statesman</em>, but left the issue open for reexamining in the future:</p>
<blockquote class="blockquote">[S]he didn’t want to place an "undue burden" on food establishments throughout the city that are "good neighbors." But, referring to a lawsuit recently filed by Austin residents who say the smoke drifting from Terry Black’s Barbecue has harmed their quality of life, Tovo said the council may need to return to the issue. "I will say that I do not want to see communities be in the position of having to take things through the legal system if it’s a nuisance that the city should be regulating," Tovo said. "There may be a need to come back and revisit this issue and see if we need to tweak our city’s nuisance ordinance to provide citizens some relief from situations where the only path of responsiveness, it sounds like, is through a state agency."</blockquote>
<p><span>Terry Black’s is </span><a href="http://austin.eater.com/2015/7/30/9074229/terry-blacks-barbecue-sued-smoke-lawsuit" style="line-height: 1.5; background-color: #ffffff;">currently facing a lawsuit</a><span> from neighbors in Bouldin Creek over the smoke from its pits. The plantiffs are asking for compensation for expenses incurred while dealing medical and other expenses related to the fumes.</span></p>
https://austin.eater.com/2015/8/4/9094641/barbecue-smoke-regulation-voted-no-austin-city-council-committeeNadia Chaudhury2015-07-30T11:42:40-05:002015-07-30T11:42:40-05:00Terry Black’s Barbecue Sued Because of Smoke
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<img alt="Terry Black's Barbecue" src="https://cdn.vox-cdn.com/thumbor/7FkPKX6YKplyodhSSZlTL8elTtU=/49x0:848x599/1310x983/cdn.vox-cdn.com/uploads/chorus_image/image/46866484/terryblacks.0.0.jpg" />
<figcaption>Terry Black's Barbecue | Robert J. Lerma/EATX</figcaption>
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<p>It was too much for Bouldin Creek residents to handle. </p> <p><b>Terry Black’s Barbecue</b> is being sued by its neighbors over barbecue smoke, <a href="http://www.mystatesman.com/news/news/local/neighbors-sue-terry-blacks-over-barbecue-smoke/nm9Dy/?#c0cb7737.3679968.735809">as reported by <em>The Statesman</em></a>. The 15 people who filed the lawsuit say that the constant smoke from the restaurant’s pits is "adversely affecting Plaintiffs' use and enjoyment of their property." The plaintiffs are asking for compensation for the permanent injury they say the smoke has produced. All of them allege that the restaurant’s negligence has resulted or will result in medical care expenses, physical pain, mental anguish and physical impairments.</p>
<p> </p>
<p>And this isn't the first time Terry Black's has fielded an outcry. In response to neighbors earlier <a href="http://austin.eater.com/2015/1/20/7859759/terry-blacks-barbecues-smoke-bothering-neighbors">complaints about the restaurant’s smoke</a>, owner <b>Mike Black</b> reworked the pits and switched his smoking schedule.</p>
<p>This spring, Austin city council member Sabino Renteria <a href="http://austin.eater.com/2015/3/30/8309059/barbecue-master-aaron-franklin-slams-proposed-city-smoke-limits">proposed a regulation code</a> where restaurants wouldn’t be allowed to use wood or charcoal grills within one hundred feet of residential property. A <a href="http://austin.eater.com/2015/4/3/8340293/city-council-approves-an-exploration-of-restaurant-smoke-regulation">video of the smoke from Terry Black’s</a> was shared at a city council meeting as evidence to support the change. As part of the stakeholder process, the City Council Committee on Economic Development <a href="http://austin.eater.com/2015/5/12/8594515/austin-city-council-committee-votes-against-barbecue-smoke-regulation">voted against</a> the potential code, but it is <a href="https://austin.siretechnologies.com/sirepub/mtgviewer.aspx?meetid=850&doctype=Agenda">set to appear again before</a> the Health and Human Services Committee on Monday, August 3.</p>
<p>Eater has reached out to Terry Black’s Barbecue for comments. Watch this space for updates.</p>
https://austin.eater.com/2015/7/30/9074229/terry-blacks-barbecue-sued-smoke-lawsuitNadia Chaudhury2015-05-12T14:20:32-05:002015-05-12T14:20:32-05:00Austin City Council Committee Votes Against Barbecue Smoke Regulation
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<img alt="La Barbecue's pits" src="https://cdn.vox-cdn.com/thumbor/8Et4fCSrTs9j8Id2kO4T5rdPBCc=/0x0:1024x768/1310x983/cdn.vox-cdn.com/uploads/chorus_image/image/46320920/CCgAB0UUwAEcEx3.jpg_large.0.0.jpg" />
<figcaption>La Barbecue's pits | <a href='https://twitter.com/la_Barbecue/status/587719794448736256''>La Barbecue/Twitter</a></figcaption>
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<p>The vote opposed to the code was unanimous.</p> <p>All members of the City Council Committee on Economic Development voted against the proposed code change that would regulate smoke emissions from local barbecue restaurants on Monday, <a href="http://www.austinmonitor.com/stories/2015/05/committee-votes-no-barbecue-smoke-ordinance/">as reported by Austin Monitor</a>. As part of the <a href="http://www.austinmonitor.com/stories/2015/05/barbecue-smoke-ordinance-continues-sizzle/">stakeholder process</a> initiated after the <a href="http://austin.eater.com/2015/4/3/8340293/city-council-approves-an-exploration-of-restaurant-smoke-regulation">city council meeting</a> on April 2, the committee explored the affects of the potential regulation.</p>
<blockquote class="blockquote">Council Member Ora Houston made the motion not to pursue an ordinance initially proposed by Council Member Pio Renteria. Houston moved that individual complaints be referred to Code Compliance or the Texas Commission on Environmental Quality.</blockquote>
<p>The code, which was presented by Renteria, would have required all wood or charcoal-burning grill to be placed at least one hundred feet from a residentially-zoned property. He also wanted restaurants located near those areas to install exhaust systems known as smoke scrubbers. Aaron Franklin <a href="http://austin.eater.com/2015/3/30/8309059/barbecue-master-aaron-franklin-slams-proposed-city-smoke-limits">told Eater</a> that the proposed changes "would destroy Austin barbecue," because of the high installation and maintenance costs.</p>
<p>During the April meeting, restaurateurs and neighbors testified about the proposal, including Barton Springs resident Guy Watts, who wanted the city to deal with smoke regulations on a case-by-case basis. His house is located right behind Terry Black's Barbecue and its pits, which <a href="http://austin.eater.com/2015/1/20/7859759/terry-blacks-barbecues-smoke-bothering-neighbors">bothered neighbors</a>. In response to complaints about La Barbecue’s smoke, the trailer <a href="https://twitter.com/la_Barbecue/status/587719794448736256">moved its pits</a>.</p>
https://austin.eater.com/2015/5/12/8594515/austin-city-council-committee-votes-against-barbecue-smoke-regulationNadia Chaudhury2015-04-03T15:54:59-05:002015-04-03T15:54:59-05:00Austin Tentatively Moves Forward With Barbecue Smoke Regulation
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<img alt="Hoover Alexander addresses City Council" src="https://cdn.vox-cdn.com/thumbor/a20N60sZ0wg70-Hpu91hsd61ZUg=/277x0:3799x2642/1310x983/cdn.vox-cdn.com/uploads/chorus_image/image/46041830/hooveralexandercitycouncil.0.0.jpg" />
<figcaption>Hoover Alexander addresses City Council | Meghan McCarron/EATX</figcaption>
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<p>Input from neighbors, restaurateurs, and other affected parties will be a bigger part of any changes.</p> <p>Austin City Council changed course on smoke regulations during the April 2 meeting, but the process is far from over. After spirited testimony from affected neighbors and restaurateurs, the council voted to explore a possible code change and convene meetings with all involved parties. The new proposal, which could still include smoke regulation <a href="http://austin.eater.com/2015/3/30/8309059/barbecue-master-aaron-franklin-slams-proposed-city-smoke-limits">Aaron Franklin previously said</a> could "destroy Austin barbecue," will return to council after July 31.</p>
<p>During the meeting, one consensus quickly formed: no one was in favor of the proposed code, including the affected neighbors. Council member Sabino "Pio" Renteria had submitted a requirement that any wood or charcoal-burning grill had to be one hundred feet from a residentially-zoned property. The residents <a href="http://austin.eater.com/2015/1/20/7859759/terry-blacks-barbecues-smoke-bothering-neighbors">living behind Terry Black's Barbecue</a> on Barton Springs said the proposed one hundred foot limit was far too short, especially because they lived above the restaurant's smokers.</p>
<p>Guy Watts, one of the residents on Davis Drive, said the current code proposal "lacked specificity." He would prefer a citywide mediation process to deal with issues on a case-by-case basis, and played the following time lapse video for the council to demonstrate their unique problem of smoke drifting up into yards, rather than dissipating at roof level.</p>
<p><iframe width="560" height="315" frameborder="0" src="https://www.youtube.com/embed/YXOc4lKZyMI"></iframe></p>
<p>Neighbors from Cesar Chavez also protested about smoke from the La Barbecue trailer. Bruce Hughes alleged the trailer's smokers were more of a nuisance than those belonging to similar businesses, and Frank Castro said the smoke's "filth and contaminants" kept him from sitting on his porch. Council member Renteria, who represents District 3, said his primary concern was the boom of barbecue businesses along East Cesar Chavez. The meeting's one moment of drama occurred when Renteria claimed to have attempted to contact the owners of La Barbecue, and owner LeAnn Mueller called across the council chamber, "That's not true!"</p>
<p>In general, business owners expressed frustration over their lack of input into a code change with long-ranging implications. Hoover Alexander of Hoover's Cooking said his restaurant has never had a complaint, and most Austin restaurateurs strive to be good neighbors. Alexander said, "<span>Let us have a voice at the table." Skeeter Miller, owner of the County Line restaurants and president of the Greater Austin Restaurant Association, echoed this sentiment. </span></p>
<p><span>Several council members, including Ora Houston and Ellen Troxclair, expressed reservations that any code change should be considered in response to two isolated incidents. Troxclair said, "</span><span>Any time you do blanket code change, you're going to put businesses who've had no issues with local neighborhoods in the same category as those who had issues with them." Ora Houston also noted the impact these regulations could have on long-lived businesses as the city continues to grow. "</span><span>We've got Ed's Barbecue, Hoover's, Willie's. Those businesses have been operation for [decades]. My concerns with the scope of this ordinance is we would have people who come into neighborhood, who are new to the city, and who decide this is a nuisance."</span></p>
<p><span>The resolution that was ultimately passed called only for exploring a "possible amendment" to city code, and convening stakeholder groups. After the meeting, Hoover Alexander told Eater he was heartened to hear council members discussing "the economic impact" of any potential regulation, while Tom Micklethwait of Micklethwait Craft Meats was concerned the possibility of these regulations "would drag out." </span></p>
<p>John Lewis, LeAnn Mueller, and Ali Clem of La Barbecue were all in attendance and expressed bafflement over neighbors' complaints of dirty smoke and Renteria's claim he attempted to contact them. "He never tried to reach out," Mueller said.</p>
<p>La Barbecue will move their smokers to the front of their current home in the GoodLife trailer park as a gesture of goodwill toward their neighbors. Terry Black's Barbecue <a href="http://austin.eater.com/2015/3/30/8309059/barbecue-master-aaron-franklin-slams-proposed-city-smoke-limits">previously told Eater</a> they're looking into smoke scrubbers and other potential solutions (they <a href="https://twitter.com/TerryBlacksBBQ/status/584076315604561920">tweeted a photo</a> of "very little smoke output" today). LeAnn Mueller did emphasize that in La Barbecue's <a href="http://austin.eater.com/2014/10/8/6948839/meat-wizards-la-barbecue-planning-a-brick-and-mortar-on-south-congress">future brick and mortar home</a>, the smokers will be on the roof, far above any neighboring houses. <span>A final decision on whether Austin will regulate smoke from barbecue and other wood-fired restaurants will wait until this summer. </span></p>
https://austin.eater.com/2015/4/3/8340293/city-council-approves-an-exploration-of-restaurant-smoke-regulationMeghan McCarron2015-03-30T09:38:40-05:002015-03-30T09:38:40-05:00Barbecue Master Aaron Franklin Slams Proposed City Smoke Limits
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<img alt="Franklin Barbecue" src="https://cdn.vox-cdn.com/thumbor/1JI8Bxbgw9tnD0LTuaJgd6K-Ysg=/126x0:2173x1535/1310x983/cdn.vox-cdn.com/uploads/chorus_image/image/46002382/Photo_Jul_07__7_03_19_PM.0.0.jpg" />
<figcaption>Franklin Barbecue | Robert J. Lerma/EATX</figcaption>
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<p>Requiring smoke scrubbers could force Franklin Barbecue to shutter.</p> <p>A proposed city council resolution could threaten Austin's continued status as an international destination for Texas barbecue. District 3 council member Sabino "Pio" Renteria is spearheading a code change to limit barbecue smoke in residential areas, <a href="http://kut.org/post/council-member-wants-limits-barbecue-smoke-near-homes">as reported by KUT</a>. Pitmaster Aaron Franklin tells Eater if such a code were to pass, it could force <b>Franklin Barbecue</b> and many other barbecue joints in Austin to go out of business.</p>
<p>The <a href="http://austin.siretechnologies.com/sirepub/mtgviewer.aspx?meetid=707&doctype=agenda&itemid=42422">proposed code change</a> would require any restaurant or food truck using "a wood or charcoal burning stove or grill" within one hundred and fifty feet of residential zoning to install an exhaust system known as smoke scrubbers. Franklin estimates the cost of such a system would run between $15,000 and $20,000, which he says is not an option for even his hyper-successful business. "Cost aside, the barbecue would not be the same—it would modify how the cooker smokes," Franklin says. "If this resolution passes, we would be forced to close or move. It would destroy Austin barbecue."</p>
<p>Franklin acknowledges barbecue businesses need to be good neighbors, but says the smoker scrubbers are a wrong-headed solution. "A good, clean fire doesn't smell bad. It's the byproducts of an incomplete combustion that smells bad. A hot fire would fix those problems, and scrubbers wouldn't eliminate the smell of burning wood." Franklin also notes he carefully vetted his restaurant's new smokehouse with all of his neighbors, and says he received nothing but enthusiastic support.</p>
<p>Renteria's proposed code change is intended to address complaints by neighbors of "thick smoke" and oppressive smells. The District 3 rep <a href="http://kut.org/post/council-member-wants-limits-barbecue-smoke-near-homes">told KUT</a>:</p>
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<p>"People cannot even open their windows without having their house smelling like barbecue," he says. "Whatever they're barbecuing out there, when they start their fire, it's really thick smoke. No one wants it."</p>
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<p>Earlier this year, Bouldin Creek residents were <a href="http://austin.eater.com/2015/1/20/7859759/terry-blacks-barbecues-smoke-bothering-neighbors">bothered by the smoke</a> from Terry Black's Barbecue. Because of that, co-owner Michael Black tells Eater that they were looking into smoke scrubbers before the announced potential code amendment. "We’ve already put in $10,000 in modifications," he says, "to make the pits more efficient and burn less wood," which also resulted in less smoke time. "The TECQ [Texas Commission on Environmental Quality] has come out and done air quality readings right next to our pits," he adds, "and we’re well below their lowest level for concern." However, he further explains, "The neighbors have told us that they don't want smoke reduction, they want smoke abatement, so there is where the problem arises."</p>
<p>The agenda item for council to take up on April 2 would only <a href="http://austin.siretechnologies.com/sirepub/mtgviewer.aspx?meetid=707&doctype=agenda&itemid=42422">initiate the process</a> of amending the code; the City Manager would then have to propose the full ordinance to council "no later than May 21, 2015." Eater has reached out to council member Renteria as well as other local barbecue restaurants for further comments. Watch this space for further updates.</p>
<p><strong>Update, Tuesday, March 31, 5 p.m.:</strong> District 3 city council member Renteria made some changes to his proposed city code resolution today, <a href="http://www.austinmonitor.com/stories/2015/03/renteria-making-changes-barbecue-proposal/">according to the Austin Monitor</a>. The <a href="http://austin.siretechnologies.com/sirepub/cache/2/kntoz3fc0t5w05tdsggnvovm/97449903312015045721424.PDF">updated rendition</a> released today would require restaurants or food trucks that use either a wood or charcoal burning stove or grill that are located</p>
<blockquote class="blockquote">100 feet of the nearest property line of a property zoned as residential base district or property used for a residential use to take appropriate action to mitigate the impact of smoke emissions on the health and quality of life of surrounding residents by relocating smoke-emitting equipment to exceed the aforementioned distance or installing smoke-mitigating devices.</blockquote>
<p>He also added a condition where any regulations would need to be presented to the Planning Commission and the Council Planning and Neighborhoods Condition as well.</p>
<p>Renteria <a href="http://www.austinmonitor.com/stories/2015/03/renteria-making-changes-barbecue-proposal/">told the Monitor</a> that Aaron Franklin, whom he spoke to yesterday, has been running "a clean cooking operation" for a long time and that he hadn’t heard any grievances against the barbecue trailer. Of the recommended code change, he said:</p>
<blockquote class="blockquote">"This is basically targeted at food trailers that are bringing their pits and parking across the alley from a neighborhood. … It didn’t even cross my mind" that it would apply to long-standing barbecue restaurants that have not generated complaints.</blockquote>
<p><b>Eater Video</b>: <i>American barbecue styles explained</i></p>
<p><iframe src="https://austin.eater.com/videos/iframe?id=56840" frameborder="0" seamless="true" marginwidth="0" mozallowfullscreen="true" webkitallowfullscreen="true" name="56840-chorus-video-iframe"></iframe></p>
https://austin.eater.com/2015/3/30/8309059/barbecue-master-aaron-franklin-slams-proposed-city-smoke-limitsMeghan McCarronNadia Chaudhury2015-01-20T14:00:02-06:002015-01-20T14:00:02-06:00Terry Black's Barbecue's Smoke Bothering Neighbors
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<img alt="Terry Black's Barbecue" src="https://cdn.vox-cdn.com/thumbor/BG9L52x4sRkjqKGkBWEVrooHBh8=/52x0:905x640/1310x983/cdn.vox-cdn.com/uploads/chorus_image/image/45502874/10154065_726723834046987_2141330540641452891_n.0.0.jpg" />
<figcaption>Terry Black's Barbecue | <a href='https://www.facebook.com/726712544048116/photos/pb.726712544048116.-2207520000.1421778726./726723834046987/?type=3&theater'>Terry Black's Barbecue/Facebook</a></figcaption>
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<p>Bouldin Creek residents aren’t happy with the constant campfire smell. </p> <p>The constant smell of smoke from the famed meat-loving family’s Terry Black's Barbecue is bothering nearby neighbors, as <a href="http://www.mystatesman.com/news/news/bouldin-creek-neighbors-unhappy-about-smoke-from-t/njrDS/#d70146f7.3465223.735618">reported by the <em>Statesman</em></a>. When the north winds pick up, houses located on the hill above Black’s pits get wafts of smoke. Guy Watts explained to the <em>Statesman</em>:</p>
<blockquote class="blockquote">"If our house was next door, then the smoke would go over our house [...] But because we’re up on a hill, the (smoke) drifts directly into our backyards, driveways and into our homes. … Every day over the last 30 days, we’ve had smoke coming over our properties."</blockquote>
<p>The constant campfire aroma is affecting the neighbors, including one who said he had to get an inhaler. Another bought an air filter, which helps, but the price maintenance is high because it has to be replaced every three months.</p>
<p>Despite the smoke problem, the Bouldin Creek Neighborhood Association still supports and welcomes the presence of the neighborhood restaurant. The neighbors and owner Mike Black are working together to figure out a solution. Black already tried reworking the pit, rearranging the schedule, and cutting down on his wood use. The neighbors want him to install an air filter system. A solution is still being worked on.</p>
https://austin.eater.com/2015/1/20/7859759/terry-blacks-barbecues-smoke-bothering-neighborsNadia Chaudhury