Public input not allowed at law’s second reading
The smoking ban on local beaches and on the Santa Monica Pier will become law in 30 days if it’s approved again by City Hall leaders tonight.
Elected officials passed the smoking ban by a vote of 4-2 last month, citing the health dangers of second-hand smoke, litter problems on the beaches and fire hazards on the pier. Violators face the same fine as for smoking in Santa Monica parks — $750.
Every ordinance must be voted on twice before it becomes law. The smoking law has drawn sharp criticisms from members of the business community, who worry where the ban might be expanded to next and question whether it’s fair to merchants on the pier.
Though the law allows for designated smoking areas to be set aside on the pier, it prohibits smoking everywhere else. Pier officials, who backed the proposal last month, said they didn’t realize at the time it extended to outdoor dining areas.
“This was new information to us,” said Ben Franz-Knight, executive director of the Pier Restoration Corp., which manages the pier. “And the tenants, understandably so, were very, very concerned about it. And fundamentally it’s an issue of fairness — if you’re going to ban smoking on outdoors area on the pier, you should ban it citywide.
518,“At this point, you know, hey, let’s treat this as a global issue in the whole city,” Franz-Knight added. “Let’s do it comprehensively. Let’s not piecemeal it.”
“At this point, you know, hey, let’s treat this as a global issue in the whole city,”
“Let’s do it comprehensively. Let’s not piecemeal it.” — you’re going to ban smoking on outdoors area on the pier, you should ban it citywide. Franz-Knight added
If council members agree smoking should be allowed in outside dining areas on the pier, it’s unclear whether the law would have to be redrafted. As written, it calls for designated smoking areas on the pier in locations that have yet to be decided — and it’s possible outdoor dining areas could be grouped into those designated areas.
The council is expected to make a final decision on the exact size and location of the designated areas next month, officials said. Franz-Knight has recommended eight specific areas on the pier be set aside for smoking, plus portions of each outdoor dining area.
Whether council members will agree is unknown. At least one council member on Monday said smoking should be allowed outdoors at restaurants on the pier.
“We allow smoking in restaurants all over the city, and I never thought about it when I voted for it,” said City Councilman Herb Katz. “When we cut it out of the rest of the city, if we ever do, then (we can do it on the pier).”
Katz said if it came before the council he would support a smoking ban in all outdoor dining areas, something several other California cities already have done.
The smoking ban was backed by the Surfrider Foundation, American Lung Association, American Heart Association, American Cancer Society and City Hall’s own environmental task force, and the Recreation and Parks Commission, among other groups. Along with a recent decision to outlaw smoking on beaches in the city of Los Angeles — including Cabrillo, Dockweiler, Will Rogers and Venice — the ban would cover 13 miles of beaches.
“To me personally, it’s really a matter of protecting the rights of non-smokers,” said Robert Berger, director of the Citizens Organized Against Smoking and its Trash. “Eighty-four percent of us don’t smoke — why should we have to move to accommodate smokers? Why should we have to deal with cigarette butts all over the beach?”
Berger said he will attend tonight’s meeting, even though no public input is allowed on items that return to the council for second reading. Other residents said they didn’t know about the ban until after the last vote, when it became a national news story. They questioned the fairness and importance of outlawing smoking in an open, windy area.
“If the city’s got time to put their resources into banning smoking on the beach, who’s in charge of the priorities?” asked Ocean Park resident Kurt Heim, 27, a smoker. “Surely there must be bigger issues than smoking on the beach.”
Originally published in the Santa Monica Daily Press print edition on April 27, 2004. Read the original PDF.