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Opponents Debate Plan for Ventura Ban on Smoking : Regulations: Some pro-business City Council members say the proposed ordinance is too broad and overly harsh.

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TIMES STAFF WRITER

Nonsmoking advocates Monday urged the Ventura City Council to adopt a far-reaching smoking ban, but faced increasingly pointed questions by council members, who said they fear that the proposed law would harm business.

The proposal, which was suggested by the countywide group Smoking Action Coalition, would prohibit smokers from lighting up in outdoor sports stadiums and theaters, and nearly all indoor public places and businesses except for bars.

About 25 nonsmoking advocates and other residents showed up at the public hearing to debate the merits of the widespread ban. Under the proposed law, all restaurants would have to ban smoking. Hotels would be required to provide separate heating and ventilation systems for rooms that allow smoking.

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“Indoor smoke is a poison,” said Fred Bysshe, a Ventura attorney who heads up the Smoking Action Coalition.

Bysshe told the council about the dangers of secondhand smoke and the need for a sweeping ban in all indoor areas. “Cities have an obligation to promote legislation to make sure citizens are provided with a safe environment.”

At one point, Bysshe debated briefly with Councilman Jim Monahan about who would enforce such a broad ordinance, which would affect virtually every public place in the city.

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Another nonsmoking advocate prompted mild criticism from Councilman Jack Tingstrom.

“There’s still rights of the citizenry in this country and you’re going just a wee bit too far,” scolded Tingstrom, an ex-smoker.

Monday’s public comments culminated weeks of debate on the proposed smoking ban.

Some restaurant and hotel owners have complained to council members that the stringent ban would drive away customers.

“I think it’s totally out of order,” said Michael Wagner, owner of Andria’s Seafood restaurant at Ventura Harbor. “Government shouldn’t tell us how to run our businesses.”

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In an interview before the meeting, Wagner said he fears that he would lose a significant number of customers--about 40%--who smoke at his establishment.

Bysshe said the coalition’s objective is to “provide clean, indoor air to Ventura County residents,” adding that the issue of prohibiting smoking outside is not something the group is pushing. As it is written, though, the city’s proposed ban would also prohibit smoking at public parks, bleachers at sporting fields, swimming pools and other places where people gather.

The coalition, which represents various county medical and dental societies, was influential in persuading leaders in the cities of Moorpark, Thousand Oaks, Ojai and the county of Ventura to pass similar anti-smoking laws.

But some members of the Ventura City Council--most of whom were elected on a pro-business platform--have indicated that they are uncomfortable with the proposed ban, saying it was too broad and overly harsh.

The ban would compel every hotel and restaurant to post prominent “No Smoking” signs. Smokers would not be able to light up at any businesses, with the exception of bars and tobacco stores. Banks, schools, libraries and shopping malls would be off limits.

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Restaurants that have bar areas would be able to allow smoking at the bar only if the bar is walled off from the restaurant and has a separate ventilation system.

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Monahan, who is allergic to smoke, said before the meeting that he thinks that businesses should be allowed to do what they want.

“Some of these small businesses can’t afford two ventilation systems,” Monahan said. “I think there should be allowances for businesses who choose to have smoking.”

Under the proposal, violations would be infractions, punishable by fines ranging from $100 to $500.

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