Vista’s Debates Tobacco Ban for Minors

The Vista City Council had a lukewarm reception Wednesday for a proposal to make illegal the possession of cigarettes and other tobacco products by minors, and decided to ask for further input from the public before taking action.

“It needs more investigation, obviously,” Councilwoman Nancy Wade said at the meeting. “I just think we’re getting so restrictive on everything. I certainly don’t want youngsters to smoke . . . but, at the same time, I just find that it is getting to be a very restrictive life.”

Councilman Gene Asmus disagreed, saying, “When you’re dealing with minors, I think you’ve got to be a little more restrictive and tell them what the rules are.”

The proposal to ban possession of cigarettes and other tobacco products by persons under the age of 18 is the first of its kind in California, according to Rick Dudley, senior management analyst for the city and author of the proposal.

“It’s not going to be a real pro-active thing, it’s going to be more of a tool that juvenile officers would use,” Dudley said.

The proposal would also ban cigarette vending machines in areas accessible to minors, including gas stations, restaurants and entertainment centers. In November, Duarte became the first city in California to pass such a law, which went into effect April 1.

Vista’s proposal arose from the city’s Crime and Substance Abuse Prevention Commission as a way of denying minors access to “gateway drugs” such as cigarettes that may lead to dependency on other, “harder” drugs.

“Nicotine is a gateway drug and it leads to other drugs,” said Detective Carmen Martinez of the San Diego County Sheriff’s Department. “A youngster’s body is not fully developed. . . . An adult’s body can handle it much better than a juvenile’s, especially before the age of 15.”

State law prohibits the sale of cigarettes and tobacco products to minors, but possession of those products by youths under 18 is not illegal.

The tobacco industry opposes the law because of the potential for police harassment.

“Who is going to enforce this? Does that mean if a police officer sees a young-looking person with a cigarette, he can detain that person? This law may have the police burden without getting the job done,” said Thomas Lauria, a spokesman for the Washington, D.C.-based Tobacco Institute.

“While none of us want kids to smoke, what precedents are being set? People are using kids to get at adults.”

Lauria said the law does not get to the heart of the problem and that focusing on peer pressure and role models would be more effective in preventing kids from smoking.

The proposal received strong support from the Sheriff’s Department, which sees it as a tool for officers dealing with juveniles.

“We would use it as another lever to get kids away from illegal substances,” Sheriff’s Lt. Scott McClintock said before the meeting.

McClintock said the proposed ordinance would be used in the same way the state uses the seat-belt law: a person would be cited only when found in violation of another, more serious offense.

“We wouldn’t specifically go out and target kids with cigarettes,” McClintock said.

Possession of tobacco by a minor under the proposed law would be an infraction of a city ordinance, and the minor would be subject to a fine.

Rudy Hinojosa, manager of the Vista Entertainment Center, the city’s only bowling alley, said his establishment would have no difficulty complying with the ordinance if it were to pass.

“In the event that they ask us to remove the vending machines from the underage children, we can always put them in the lounge, where only adults are allowed,” Hinojosa said.

Hinojosa said the center has long had a policy prohibiting minors from smoking inside the building, and it has not been a problem.

In Duarte, only two business owners have complained about the ordinance, saying their customers have lost the convenience of buying cigarettes at their establishments, said Manuel Ontal, assistant to the city manager.