Del Mar Council Says No to Total Ban on Smoking

Del Mar won’t be the next city to put a total ban on smoking in public places.

The City Council defeated a motion Monday night to prepare such an ordinance and follow the lead of Solana Beach, which enacted its ordinance earlier this month. The motion received only the support of Councilman Henry Abarbanel and Mayor Rod Franklin.

Instead, the council moved to toughen the current ordinance, unanimously voting to direct the city staff to “substantially strengthen” the law, including banning cigarette vending machines in areas accessible to children and providing more areas for nonsmokers. The council stopped short of a 100% ban.

Del Mar’s current ordinance, enacted in 1983, calls for businesses to set aside smoke-free areas and for restaurants to provide an “adequate amount” of space for nonsmokers.

Council members opposed to the total ban expressed concern about the rights of individual smokers and the impact on businesses.

“This gives us some grounds for discussion which can allow exceptions,” said Councilman Ed Colbert. “I think it is superior to a 100% ban, which has no leeway to it.”

Abarbanel said he was “disappointed” the city didn’t take the “high moral ground.” But he expressed optimism that the process will indeed strengthen the ordinance.

Most of those who spoke at the meeting favored a ban.

“I think the council should put the health of the community before restaurants,” former Councilwoman Gay Hugo-Martinez said. “Smoke travels; it cannot be avoided.”

Other speakers included members of several health organizations, including the American Lung Assn.

“The science is clear,” said Dr. David Burns, a physician who has helped the federal government study secondhand smoke. “The issue is: What is the appropriate policy response to that science?”

Only a few members of the business community spoke against the ban; more had appeared before the council when the issue was first raised last month.

“I see this as a situation where there is not a problem that needs to be fixed,” said Richard Zek, manager of Jake’s restaurant. “I see this as a real threat to business.”

This is not the first time Del Mar has confronted the issue of secondhand smoke. In 1987, voters soundly rejected a measure proposed by former Councilman Richard Roe that would have banned smoking in almost all public areas, including outdoor spaces.

Solana Beach’s smoking ordinance is scheduled to take effect in September. The council there delayed implementing the law until after the summer in order to give local restaurant owners a transition period.

The delay was also intended to give neighboring cities such as Del Mar a chance to toughen their own ordinances. Solana Beach restaurant owners had complained that their smoking customers would simply go to restaurants in nearby cities.

Last month, when the Del Mar council agreed to hear the smoking issue, Solana Beach Councilwoman Margaret Schlesinger appealed to the council to take steps to follow her city’s lead.

Discussions of a tougher ordinance in the city of San Diego are in the preliminary stages.

After complaints from restaurant owners, the Solana Beach council altered the wording of the ordinance to allow smoking in bars at restaurants, as long as the bars are physically separate from the restaurant, or where there is proper ventilation.

However, the council rejected a move last month to pull back on the total ban in favor of a plan to simply increase the percentage of nonsmoking space in restaurants.