City council resisted sharp criticism of its actions Monday evening as it ended any further discussion of making changes to its controversial smoking bylaw.

With a unanimous vote in the absence of Coun. Mel Stehelin council voted to maintain the bylaw that forced restaurants to go non-smoking last Jan. 1 but gave bars until next Jan. 1 to do the same.

Council has faced feverish lobby efforts over the last three months from the anti-smoking camp, the pro-smoking camp and those who believe the bylaw is unfair to some Whitehorse businesses.

Some in the food service industry maintain the bylaw has given bars an unfair business advantage for a full year. Those opposed to smoking argue the bylaw should remain intact, as the general public has a right to enjoy smoke-free environments.

It was Coun. Bev Buckway who brought forward a motion to revisit the bylaw passed last August by the previous council, out of concern that it had indeed created an unequal playing field.

There were no amendments proposed by Buckway, Mayor Ernie Bourassa or any other council members.

When faced with the issue of revisiting the bylaw, Bourassa said he was in favour of taking another look. He took that stance in light of the mid-winter representations from the food service industry that it's suffering because patrons are flocking to bars where they could smoke and eat.

Before council voted to leave the bylaw as is, it faced another blunt round of criticism, and only criticism; there were no presentations from the anti-smoking supporters, though they were visible in the audience.

Joe English, owner of Joe's Bar on Second Avenue, told council in no uncertain terms last night that Whitehorse residents have had the misfortune of drawing a council of non-smokers in last October's municipal election,

'You have taxpaying citizens coming before you pleading for their survival while you experiment with social engineering,' English said tersely.

English accused council of being mean-spirited in what he suggested was its unwillingness to look at the bylaw with something more than a view already cemented in place.

He said he knew residents were in trouble when council started comparing the Whitehorse situation with that of Yellowknife.

The economy in Yellowknife, he suggested, is on fire. It can't be compared to the stagnant circumstances in Whitehorse, where many business have argued they can't afford to take any more hits, particularly a loss of clientele caused by the smoking bylaw.

'I have nothing else to say, other than God help us,' English concluded.

Mark Cowcill of Mama Martini's on Fourth Avenue suggested council's handling of the no-smoking bylaw has been a contradiction of the city's mission statement and its commitment to work with the business community to foster economic development.

'I would ask that you keep this bylaw open to further discussion,' Cowcill said.

'Let's take this time to balance the bylaw and give business time to adjust.'

The mayor, however, said in an interview afterward, the debate is over as far as he's concerned.

'The previous council brought in a bylaw, and this council has seen fit to stand by that previous bylaw, and go with it,' Bourassa said.

Coun. Doug Graham, who initiated the bylaw last year, said he sees no reason to re-examine the issue again.

'As far as I am concerned, it should not come up again for the next three years, and by that time, it should be so well adapted to, that it should be well-entrenched.'

Graham also suggested that case law is in the city's favour when it comes to the $5.6-million lawsuit filed against the city last week.

The suit by Paul Douglas, owner of The Coffee Bar on Copper Road, claims that forcing his business to go non-smoking has resulted in lost revenue and will continue to do so.

Left conspicuously on the media table last night was a copy of Calgary's smoking bylaw. It required businesses to declare by March 2003 whether they were smoking or non-smoking.

All businesses, as it was confirmed by Calgary's bylaw office this morning, must be non-smoking by March 2008. In the meantime, anyone 18 years old or younger is forbidden from entering businesses that permit smoking.

Marilyn Gibb, one of three people who made presentations Monday evening, told council members they were elected to represent the interests of all citizens, not just the 65 per cent who are said to make up the no-smoking camp.

'Smokers may be a dying breed, but they have earned the right to rid themselves of their addiction on their time, and not on your time,' Gibb said.

Private businesses, she added, should have the right to choose to be smoking or non-smoking.