Council Dodges Stiff Smoke Ban, Orders Study

After hearing strong testimony Monday from health groups and business owners, the San Diego City Council backed away from a ban on smoking in public places, passing the buck to a task force that will study it for six months.

The council voted 6 to 2 to appoint an advisory group to help shape city and perhaps state legislation that will phase out smoking. Councilmen George Stevens and Tom Behr opposed the action; Mayor Maureen O’Connor was absent.

Stevens cited the need for immediate action because of health problems associated with tobacco use. Behr advocated setting aside the issue, suggesting that the lack of national and state constraints on tobacco use has left the city in an awkward position in trying to enforce a ban.

The proposed ordinance would have outlawed smoking in all restaurants, bars and offices. Last year, San Diego enacted one of the nation’s toughest anti-smoking laws, prohibiting smoking in shared work areas and most public places.

More than 200 people attended the council meeting, with scores of ban supporters and detractors commenting on the proposal.

Representative of the the Heart Assn., the American Red Cross, the County Department of Health Services and tobacco control activists went up against owners of restaurants, bars and vending machines during the public hearing.

Mike Rogers, owner of Barnacle Bill’s seafood restaurant on Harbor Island, said business has fared well under the city’s current law, which allows restaurants to set aside up to half their seats for smokers. He said he would be willing to adjust the percentage of smokers to nonsmokers to 30% to 70% but that a total ban would be unacceptable.

“Prohibition is something we can’t live with,” Rogers said.

Adopting a total ban would have driven the nails into the coffins of tourist businesses, already in ill health because of the economy, Rogers said.

Supporters of the all-out ban disputed dour economic predictions and cited Solana Beach and Singapore as places that have adopted zero-tolerance policies and still prospered.

The task force will be appointed by the council and the city manager.