Smoking-Ban Enforcers Putting the Heat on Valley Bars

A year after the city of Los Angeles began enforcing a ban on smoking in bars, the San Fernando Valley has become the primary battleground.

While some health officials criticize enforcement as weak, the ban has produced a backlash from those who have been hit with citations, and nowhere is that truer than in the Valley.

The Valley is home to four out of the five bars cited to date, and the bulk of the approximately 120 patrons who have been issued tickets, officials said.

Paul Moratto of Studio City recently became the first person to demand and get a court trial after being cited for smoking in a British pub on Ventura Boulevard.

On May 9, a Superior Court judge found Moratto guilty of violating the ban and imposed the maximum fine and penalty of $271. Moratto said he will appeal, saying he believes the city only has power to cite employers, not patrons.

“The people who dreamed it up are people who don’t even go to bars,” Moratto said. “They spend all of their time in the library. They are blue-nosed busybodies who think they know what is best for other people.”

Officials said the Valley is not a particular target.

“It’s not because we are targeting any particular area,” said Los Angeles Fire Capt. Mark Gozawa, who oversees the program. “It’s just that is where the complaints are coming from.”

Others say the lack of uniform enforcement appears to be a function of a lack of resources.

Ray Cerulli, who owns Pat’s Cocktail Lounge in North Hollywood, said he supports the intent of the state law, to provide a healthy environment for bar employees and customers.

But Cerulli, whose bar was one of the five cited, faults the city for not uniformly enforcing the law and for putting too much pressure on a select few businesses that have been the subject of complaints.

“There are real problems here,” Cerulli said.

“We tell people not to smoke, but the people who insist on smoking in bars are absolutely the most militant end of the smokers,” Cerulli said. “They can get violent.”

He said competing bars have escaped the city’s enforcement even though smoking is going on at those establishments.

To avoid a fine, Cerulli agreed to city demands to take extraordinary steps to make sure people go outside with their cigarettes. He built an outdoor lounge area and offered discounted drinks to those who agree to smoke outdoors.

All five bars have agreed to cooperate and take additional steps to comply, officials said. As a result, none have been fined. Bar owners are not cited if they make a good-faith effort, including the posting of no-smoking signs, removal of ashtrays and warnings to smokers.

Public Health Issue Is Raised

California is benefiting from the state Smoke-Free Workplace Act, which applies to all places of employment but banned smoking in bars effective Jan. 1, 1998, most health officials said.

The issue is one of public health, said Steven Gallegos, director of public advocacy for the local branch of the American Heart Assn.

“The fact of the matter is people, through secondhand smoke, have gotten lung disease,” Gallegos said. “On the national level, we are seeing 50,000 people dying annually from secondhand smoke.”

Many health experts, however, agree with Cerulli about spotty enforcement in Los Angeles.

The city began issuing tickets last July. Two full-time Fire Department inspectors were assigned to the enforcement effort.

“It’s a joke,” Gallegos said. “We are talking about over 3,000 bars and all the workplaces in Los Angeles, and two guys to enforce it.”

Some Call for Stronger Enforcement

The inspectors respond to calls to a city hotline, which officials said is why some areas appear to be getting more attention than others.

The city attorney’s office has received 389 complaints and sent a first-warning letter to 192 bars. About 100 cases were referred to the Fire Department for inspections because of repeat complaints.

Health officials said enforcement should be more than complaint-driven.

“We would like to see stronger enforcement,” said Charles Smith, an attorney and spokesman for the American Cancer Society. “With more inspectors, they can work on more proactive enforcement.”

Last week, Gallegos failed to persuade the City Council to allocate some of the national tobacco settlement money to buy cars for dedication to the smoking enforcement unit.

“If there aren’t any cars, they can’t go out and follow up on complaints,” Gallegos said. “How ridiculous is that?”

Fire Capt. Gozawa confirmed that sometimes his inspectors can’t respond immediately to complaints because of a lack of cars available.

Councilwoman Laura Chick said she wants a review of how the enforcement unit is doing and whether it needs more resources.

Having only five citations issued to bars surprised Chick.

“That seems like a very low number,” she said.