Our elected leaders have done it again. This week, they moved in the direction of chipping away at our freedoms once more. Fearful of the killer that second-hand smoke has become, a far-reaching smoking ban throughout the city will likely go into effect in the next several weeks.
Smoking will no longer be allowed along the Third Street Promenade or at any of the Farmers’ Markets. Smoking also will be prohibited in all outdoor dining and service areas, as well as within 20 feet of any entrances or windows open to the public. Basically, everywhere. In the past few years, the City Council has banned smoking at the beach and in parks. The fine for such a heinous criminal act is $250.
Since 2005, there have been a total of 244 citations issued relating to smoking laws, according to the Santa Monica Police Department. In 2005, police issued 120 citations — 116 in the parks, two at the beach and two in elevators. So far this year, there have been 124 citations issued, 102 of which were in parks, four at the beach and 15 in elevators. Three were for the improper disposal of cigarette butts.
Besides the perks of no longer offending non-smokers or putting them in harm’s way, the smoking ban does allow police to come into contact with individuals with seedy pasts — many of whom are transients. If they are seen smoking in an illegal place, an officer has probable cause to check their records, and oftentimes they have narcotics on them, or have outstanding warrants, whether it be for felonies, parole violations or misdemeanors. They are arrested for the more significant charge and typically not cited for smoking.
Police are fairly lax with the ban, saying that it is more about education than enforcement. The average tourist is not going to get cited, but the repeat transient hanging out at the park might.
We agree with City Councilwoman Pam O’Connor, who was the lone dissenter of the measure. The ban criminalizes people who smoke what is still a legal substance in this country. Until it’s illegal, people should be able to smoke if they want. We just wish smokers would be sensitive on where they light up and where they discard their butts.
O’Connor is dead-on correct in saying that the law doesn’t give people an option, making it difficult to even walk down the street with a smoke.
The ban is really a disguise to outlaw smoking in all public spaces. At least the City Council could be upfront about its plan. Why piecemeal it? Just come out and say there will be no smoking anywhere at any time in Santa Monica. Calabasas did by banning smoking everywhere, including private residences, and now they are the ones who are “cutting edge,” a revered description of which Santa Monica likes to take ownership.
If the council is really going to do this, City Hall ought to offer free addiction classes for smokers. It’s very difficult to force an addict to quit something with merely a law.
Originally published in the Santa Monica Daily Press print edition on July 28, 2006. Read the original PDF.