Enforcement Clouds Issue of Smoking Ban

When legislators passed a controversial law prohibiting smoking in the state’s bars and restaurants, they did so knowing that enforcement of the measure would fall to local government.

After all, city officials argued that they were on the front lines and best suited to the task.

But nine months after the statewide smoking ban went into effect, some Los Angeles area residents are scoffing at how little the city is doing to enforce the law. Businesses that allow smoking are packed, while many of those that push “no smoking” are hurting.

“I can take you to five bars around here that are nonsmoking and you can shoot a cannon through them,” said 46-year-old Wally Sabourin, a regular at the Robin Hood British Pub in Van Nuys.

The situation concerns Councilwoman Laura Chick, who last week criticized the city’s enforcement efforts, saying that the Los Angeles Fire Department had issued just three citations to bars in the first six months of this year.

“I’m not pleased with the ineffective enforcement that’s going on,” said Chick, chairwoman of the council’s public safety committee. “We need to make this law meaningful in our city.”

City Fire Capt. Mike Little said the department has only six inspectors charged with enforcing the ban, in addition to their numerous other department responsibilities.

Little said the inspectors must process hundreds of other cases generated by the department in areas including occupancy and fire code violations in apartment buildings, schools and workplaces. Complicating matters is that the inspectors work daytime shifts and leave for home just as happy hour is getting into full swing, he said.

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“We have to look at whether or not this department is the proper enforcement agency in view of our limited [enforcement] action,” he said. “We’re sending the wrong signal.”

City officials received 408 complaints about smoking in bars and restaurants between Jan. 1, when the law went into effect, and the end of June. In response, the city attorney’s office sent 105 warning letters to the violators. Of those, 32 generated second complaints, 13 of which were eventually passed on to the Fire Department. From those came the three citations.

Under state law, a first-time violation could bring a fine of up to $100. A second transgression within one year could result in a $200 penalty, and a third violation within one year could bring a fine of up to $500. If a business is cited a fourth time, it could face up to a $7,000 fine from Cal/OSHA.

Councilman Richard Alarcon believes enforcement can be stepped up without additional costs by using an existing program run by the Los Angeles Police Department and its Alcohol Beverage Control unit.

Over the last three years, the city and state have poured more than $300,000 in grants into the program, which monitors liquor sales in bars, restaurants, liquor stores and supermarkets, Alarcon said.

Enforcing the smoking ban “would minimally impact the ABC officers who are already out there and doing a great job of regulating alcohol,” he said.

But critics argue tighter enforcement could lead to more problems.

“The law is a joke,” said Thomas Humber, president of the National Smokers Alliance based in Alexandria, Va.

“It’s like the speak-easies of old. If enforcement is pushed it will increase the protest and the drive to rescind the law. If they don’t, it remains a joke and noncompliance is going to increase.”

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Back at the Robin Hood, Sabourin nursed his pint of Harp lager, offering another take on the issue. “They don’t have the manpower because the manpower is too busy.”

But not everybody thinks the law has had a negligible effect.

“It works because there is a tremendous amount of pressure,” said Vicki Nagel, another patron.

“I’m not very happy about it, but I understand people’s need for a smoke-free environment.”