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# The promenade’s final drag?
- URL: https://www.smdp.com/the-promenades-final-drag/
- Published: 2006-05-10T15:00:00.000Z
- Updated: 2026-10-23T17:45:16.000Z
- Author: Kevin Herrera
- Tags: Government & Politics, Promenade, #archive-import

*City Council looks into expanding ban on public smoking*

THIRD STREET PROMENADE — Smokers beware: The next time you light up here, you could be breaking the law.

Like the city’s parks, beach and the Santa Monica Pier before it, the promenade could soon be off limits to smokers if the City Council decides to extend its ban on smoking in public.

The idea of a complete ban on the promenade, as well as in outdoor dining areas, movie theater lines, ATMs and all doorways is currently being studied by the City Attorney’s Office at the request of the council. The investigation follows a report from the California Air Quality Board that second-hand smoke is a dangerous and potentially deadly toxin that should be regulated on the same level as benzene, a known carcinogen.

City Hall has been at the forefront of the move to protect the public’s health from second-hand smoke. It was the first city to enforce a statewide ban passed in 1998 on smoking in restaurants and bars. Shortly after that, City Hall prohibited smoking in public parks. That soon spread to the pier, beach, bus stops and within 20 feet of all public buildings.

If caught, violators can be fined as much as $750\. Smokers are usually given a warning before a citation is issued, according to Deputy City Attorney Adam Radinsky.

“At first we were ridiculed, but the rest of the country soon followed our lead,” said Radinsky, who is studying other smoking bans and will make recommendations for the council to consider in the coming weeks.

Radinsky said as of today, he is leaning in favor of recommending a full ban on the promenade, but he says providing designated smoking areas could be an option.

“The federal authorities really say there is no safe level of exposure to second-hand smoke,” said Radinsky. “In a 2004 study it was found that second-hand smoke in outdoor patios was just about equal to indoor levels.”

There is some concern from business owners that a complete smoking ban on the promenade would drive away visitors, particularly tourists from other countries where smoking is still allowed in bars and restaurants.

Some also questioned how City Hall would educate the public about the ban, if it were approved, and how it would pay for the posting of signs, which would have to be in multiple languages.

“Tourists are looking for places where their freedoms aren’t curtailed …We could be shooting ourselves in the foot if we go with a blanket ban,” said Barbara Bryan, owner of the Interactive Cafe and a member of Bayside District Corp.’s board of directors. Bayside is a public-private management company that advises City Hall on matters dealing with downtown.

“We need to be sensitive to this large segment of visitors to our city and not come across as having this American arrogance,” Bryan added.

The Santa Monica Chamber of Commerce and the Conventions and Visitors Bureau have not taken official positions on a smoking ban at the promenade or other areas, according to the directors of both organizations. The chamber is currently analyzing responses from its members on a survey asking for their thoughts.

Misti Kerns, president of the bureau, said a ban “may not provide for a welcome feel” to tourists, with the enforcement and fines becoming potentially “upsetting for people, particularly foreigners.”

> “The time has come. This is not only good for public health, but it’s good for businesses as well.” — ROBERT BERGER HEALTHIER SOLUTIONS INC

“What about people who live and work here?” Kerns asked. “This is not tourism specific …If Santa Monica prohibits smoking in certain areas, we have a responsibility to provide areas where people can smoke and to provide ashtrays to allow people … to dispose of their cigarettes in appropriate receptacles, most particularly where there is a higher concentration of customers.”

Radinsky said there are concerns about how bans will affect business on the promenade, but so far there is no research to support that fear.

“After the ban on smoking in bars, we heard from plenty of bar owners who were concerned about business, but that hasn’t happened,” Radinsky said. “In fact, we’ve talked with smokers who said they actually enjoy being able to go into a bar and enjoy the atmosphere without all the smoke.”

According to Medical News Today, smoking among adults in California has dropped 33 percent since the smoking ban in restaurants and public buildings was introduced, putting the number of smokers in the state at around 14 percent.

News of the potential ban hit some promenade smokers hard.

“What do are they going to do, charge for air?” said Steve Zawatsky, who was smoking a cigarette on the promenade Tuesday.

“I think it’s ridiculous,” said Golda Ferguson, who moved from Atlanta recently and said she is still getting used to not smoking in bars. “By them putting all these restrictions, they’re making us feel like second-class citizens. It’s like they’re telling me how to live my life.”

Vikki Ridley, a smoker from London who works at one of the vendor carts along the promenade, feels the ban is unfair for employees like her who can’t stray too far from their merchandise but still require a cigarette break.

“I think it’s going to be bad for business,” Ridley said as she lit a cigarette. “People often come buy things from the carts because they’re standing outside smoking.”

Ridley said she is all for protecting people’s health, but she doesn’t understand why smoking outdoors in the breeze causes much of a health risk.

“I guess it’s all about the attitudes,” she said. “In England, you can still smoke freely. Here, smokers are made to feel like total outcasts.”

That’s too bad, says Robert Berger of Healthier Solutions Inc., a Santa Monica-based company that has been heavily involved over the last six years in the fight to prohibit smoking in public spaces.

“People who choose not to smoke shouldn’t have to breathe in other people’s smoke. It’s that simple,” Berger said. “Santa Monica has so much going for it as a tourist destination that we think that far outweighs anyone’s need to smoke.”

Berger said he would love to see a world without tobacco, but realizes that may not happen in his lifetime. However, he believes the steps Santa Monica is taking are courageous and far overdue.

“The time has come,” Berger said. “This is not only good for public health, but it’s good for businesses as well.”

*Originally published in the Santa Monica Daily Press print edition on May 10, 2006.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/051006.pdf?ref=smdp.com)