Fired Up Over Smoking : Foes of Laguna’s New Ordinance Are Critical, and Resigned

Puffing on one cigarette after another, John Knowles blasted away at Laguna Beach’s tentatively approved smoking law as “absurd. Simply absurd.”

Knowles, 73, has been smoking “pretty close to 60 years now,” he said. “I have the right to smoke and they have the right not to smoke.”

Wednesday, the day after the Laguna Beach City Council tentatively approved Orange County’s toughest smoking law, smokers, and even some non-smokers, grumbled about the ordinance. In general, though, those critical of the ordinance threw up their hands and said they are ready to accept the restrictions.

They don’t like it, they said. “But what can you do?” several asked.

Others, along with four of the five council members, support the ordinance and said it is about time that non-smokers had an opportunity to enjoy a smoke-free environment in Laguna Beach.

Smoking is “a health hazard and an annoyance for people that have to tolerate it,” said Councilman Neil Fitzpatrick, the main proponent of the new law. “I’ve had problems and it probably bothers most others when they go to someplace nice. I don’t appreciate it.”

Written Policies

Newport Beach resident Inge Kawhol, a smoker, said “I believe (smokers and non-smokers) should have separate sections. I think it’s fair.” She said she comes to restaurants in Laguna Beach several times each week with her husband, Kurt, and each time they try to accommodate non-smokers, she said.

The ordinance would require all employers to adopt written smoking policies that give employees the right to designate smoke-free work areas. In disputes over the policy, the wishes of non-smokers would take precedence. The ordinance also would ban smoking in public meeting rooms, municipal buses, theaters, auditoriums, elevators and indoor service lines. Restaurants with a capacity of 40 or more must ban smoking or create no-smoking sections for at least 25% of their capacity. The ordinace does not address smoking in lounges or bars.

The City Council is scheduled to consider the proposal again on Feb. 19. If it is approved on its second reading, the law would take effect March 21.

Knowles’ lunch companion, Earl Dawson, a non-smoker, didn’t seem to mind as Knowles’ smoke lolled over their food.

“It doesn’t bother me at all,” Dawson said. “My fiancee smokes. I don’t like her doing it. But you’ve got to take the good with the bad.”

Dawson and Knowles were eating at the Jolly Roger restaurant, which currently has no restrictions on smoking.

Across the room from Dawson and Knowles, Brooke Hulton lighted several cigarettes through her meal, yet argued in favor of the proposed ordinance. “I don’t want non-smokers bothered by my habit,” she said.

‘Three’ Packs a Day

Hulton, whose mother died of lung cancer, has been smoking for 35 years and is currently up to “probably three” packs a day, she said. “I wish I could quit. I think it’s a dirty habit and I wish I didn’t do it.”

Out of the 300 retail businesses in town, the estimated 25 restaurants may be the hardest hit, community leaders said. Aside from city government, restaurants generally are the largest employers and are specifically targeted by the ordinance.

Most managers of the largest restaurants in town said the proposed ordinance would be inconvenient, but they would comply if it is adopted.

“It’s not going to pose a major problem, certainly not anything we can’t handle” said Dorsey Brady, general manager of the Surf and Sand Hotel, which has two restaurants. “This trend has been going on for three, four years in the industry and it’s just a matter of catering to people’s preferences. And that’s the business we’re in.”

No-Smoking Sections

The hotel’s two restaurants, The Towers and The Boardwalk, which both have 100-seat capacities, currently have no-smoking sections. The hotel’s management also is considering designating some of its 160 rooms for non-smokers only, which would entail smoking bans and special cleaning for particular rooms.

“It’s becoming more and more common in the industry,” Brady said.

With 180 employees, the Surf and Sand Hotel is one of the largest employers in the city. Many of the workers, though, are non-smokers “and we see no problem” with writing a smoking policy, Brady said.

Residents Critical

At Tuesday night’s council meeting, several residents spoke critically of the proposed regulations. They were outnumbered 4 to 1 by proponents, however, and the council voted 4 to 1 for the restrictions.

One of the critics and the lone council dissenter, Martha Collison, echoed the sentiments of those who say businesses don’t want government intervention.

“We don’t need to have the law come down on us and someone to force us to write a policy and implement it,” said Collison, the sales manager of a Laguna Beach real estate office. Smokers and non-smokers in her 25-person office already have separated themselves onto two separate floors of the office building, she said.

“It has not been a problem,” Collison said. “And if it’s not a problem, I don’t want to create one.”

‘Who’ll Regulate?’

Steve Parks, co-owner of another real estate firm, said, “I’ll comply to the laws of the land, but who’s going to regulate it? I think we should regulate it ourselves rather than Big Brother or the government.”

Enforcement of the ordinance would be on a complaint basis, said City Manager Ken Frank. Violations are considered infractions, a step below misdemeanors, and carry a maximum fine of $100 for a first offense, $200 for the second and $500 for three or more. City officials don’t expect to fine anyone, however, and hope that violators would comply after a warning, Frank said.

“If a whole airline can do it, a restaurant can do it,” said Abe Escobedo, assistant manager of Las Brisas restaurant, which has a picturesque view of the ocean. “Besides, the smoke ruins the view.”