Irvine May Expel Restaurant Smoke

The Irvine City Council on Tuesday night directed the city attorney to write an ordinance increasing the percentage of seats that restaurants must reserve for non-smokers from 25 to 50.

Mayor Larry Agran, a non-smoker who said he intends to outlaw all smoking in restaurants within three years, called for the change. He said the five-member council will vote on the proposed law when the draft is completed within a month.

“We would do that quickly, get the non-smoking seating up to 50% and make the further progress later on,” the mayor said. “I also hope that we can enlist the cooperation of the Chamber of Commerce to help us work with restaurant owners so that we can move beyond the 50% (non-smoking requirement).”

Councilwoman Sally Anne Miller, who indicated earlier Tuesday that she would fight Agran’s proposal, said the present law, which requires that at least 25% of a restaurant’s seats be set aside for non-smokers, is sufficient.

That law, which applies to restaurants with a seating capacity of 40 or more, was adopted in November, 1985.

“I think it works fine,” Miller, who recently quit smoking, said about the current law. “And I think changing the present ordinance would be very dangerous. We’re trying to increase our business tax base and this would not help that.”

Miller added that a move to bar smoking at all restaurants in Irvine would meet the same fate as a similar movement in Beverly Hills. The City Council there was forced to ease its no-smoking law two months ago after restaurant operators complained that the ban had led to a sharp decrease in business.

Miller also said that restaurant owners who would like to increase available space for non-smokers may do so “without having it mandated” by the City Council.

But Agran said reports on the effects of cigarette smoke on non-smokers raise a serious health issue that must be addressed:

“Anybody who has seen the Surgeon General’s reports on involuntary smoking would have to draw the same conclusion: that involuntary smoking is a very serious health hazard. And this ordinance is not only warranted but long overdue.”

Agran added that other U.S. cities are moving to bar smoking from restaurants. Thirteen cities have some type of smoking restriction in restaurants; several others are in the process of adopting such laws. None, however, has a 100% smoking ban.

“I think that this is the trend around the country,” he said.

‘Split in Half Is Best’

However, the manager of a Coco’s Restaurant at Woodbridge Village Center in Irvine said before Tuesday night’s council meeting that a smoking ban would be bad for his business.

Shahab Dinani said the 170 seats at his restaurant are now divided equally between smoking and non-smoking sections.

“I think split in half is the best way. I know that if it was more than that, I would lose customers,” he said. “I think everyone should have an option between smoking and non-smoking.

“I don’t smoke, but as a businessman I wouldn’t want it totally non-smoking. The choice should be up to the customer.”

Heinke Broder, a smoking customer at the restaurant, agreed that a smoking ban would not be a proper solution.

“Fifty-fifty is right. They (non-smokers) have a right as well as I do,” she said, adding that she refrains from smoking when other diners seated near her object.

“When I see it bothers people, I respect them and don’t smoke. I don’t want them to be bothered by my smoking,” Broder said.

Broder’s non-smoking dining companion, Sandy Brown, agreed that smoking should not be barred from restaurants.

“I also have a right to sit in a non-smoking section. Smokers should have a right, too,” Brown said.