Outdoor Smoking Ban Ordered

By Monrovia Weekly

Published: Monday, May 12th, 2008

Smokers everywhere are fast running out of places to light up.

Determined to raise Pasadena’s rating as a protector of the rights of non-smokers, the City Council Monday ordered an ordinance drafted to sharply restrict outdoor smoking.
Pasadena leaders were somewhat shocked when the city received a C grade from the American Lung Association, for failure to adopt restrictions. The issue has been under study since.
The proposed rules brought back Monday would ban smoking in malls, shopping centers, outdoor gatherings, in public service waiting areas such as ATM lines, within 20 feet of public business areas and in outdoor dining areas.
The last provision drew the most fire Monday, as local restaurant owners and cigar smokers waged a battle for the right to light up after an outdoor meal. Local attorney Chris Sutton raised it to the level of a constitutionals issue, saying smokers are disabled because of nicotine addiction and the city was discriminating against a disabled class.
Advocates of smoking controls were led by some determined teenagers from the Day One program, saying they had the right to enjoy the use of Old Pasadena without dealing with smokers.
Dr. Takashi Wada, city health officer, said a city survey found more than 70 percent of residents supported a ban on outdoor smoking. He said figures indicate only about 13vpercent of residents are smokers.
As far as enforcement is concerned, Wada said the city would concentrate on signs and community education, with citations reserved for complaint-driven cases. The city has issued two citations since adopting a smoking ban in parks several years ago. The penalty for a citation begins at $250, and increases for repeat violations.
Wada said there are some indications restaurants might not be hurt by the ban, since many people say they would dine out more often if they were not concerned about dealing with smokers.
The status of cigar shops and lounges, which are protected by state law against smoking bans, was raised by some speakers. The council was told the eight such establishments in Pasadena could continue to allow smoking indoors but not outside.
Councilman Chris Holden raised the possibility of making controls on smoking while outdoor dining voluntary, at least to start with, but the idea attracted no support from his colleagues.
Told that the new controls will raise the city’s grade to B in the Lung Association ratings, Councilman Sid Tyler asked what would be needed for an A grade. He was told that cities like Calabasas have controls on smoking in multiple residential units. Tyler asked for a report on how that might occur in Pasadena.
Smoking control advocates also want a smoking ban considered for Brookside Golf Course, the only park area where smoking is allowed, an also a control on pedestrians smoking on public sidewalks.
Mayor Bill Bogaard said the ordinance will come back in 60 days, and may take effect if approved about six months from now. A report on its success or failure will come back to the council next spring.

By Charles Cooper
- Photo by Terry Miller.