Laguna Beach : Proposal to Ban Hiring of Smokers Dropped

The City Council has rejected a proposal that would have prevented the city’s fire or police departments from hiring people who smoke.

The council voted 3 to 2 against the measure presented by City Manager Ken Frank, saying that it was too restrictive. They requested a new version of the ordinance that would give preference to non-smokers applying for public safety positions.

Councilman Dan Kenney, a former smoker who voted against the measure, called it a “personal liberty issue.”

“We’re talking about something that’s not an illegal substance,” he said. “I don’t think it’s right to preclude the employment of people just because they smoke.”

In June, the council tentatively approved the plan to give non-smoking applicants preference. But Frank strengthened the ordinance to bar the hiring of smokers, saying it would save the city money.

“There’s a state law that provides special workmen’s compensation and retirement benefits for police officers and firefighters who develop cancer or have a heart attack. Smoking increases the risk of cancer. It makes economic sense for the city to hire people who are less likely to have cancer or heart attacks and cost the city more in benefits,” he said.

But Councilman Robert Gentry said he feared the proposal might violate an individual’s civil rights.

“I feel quite frankly that the proposed plan was much too restrictive,” Gentry said Wednesday.