Column: Laguna Beach tries to ban human nature

To find a solution to a complex public problem, the easiest thing to do is ban it. The harder thing to do is compromise, be creative and rethink the challenge.

Unfortunately, that’s not what government agencies usually do. And the Laguna Beach City Council is no exception.

It recently decided to take steps to ban smoking in all public places – as in, pretty much everywhere.

That means no more smoking outside bars. Restaurant workers cannot go out back into the alley for a quick smoke break. No tourist can stroll Forest Avenue with a cigarette.

There are only two real exceptions. You can still smoke on private residential properties or in a car – as long as the windows are rolled up.

Also, hotels can work around it if they set up a smoking area away from guests.

The ban idea came about largely because of second-hand smoke emanating from neighborhood sober-living houses. Understandably, nearby residents got fed up with all the smoke.

So with little to no alternative thinking, the city recently voted to unanimously support a proposed ordinance that would expand a public smoking ban that currently covers public areas. . There will be a second final vote, but the outcome is all but certain.

Council members followed the advice of a staff report, listened to the American Lung Assn. and a handful of upset neighbors. Two people from the audience at least wondered aloud if the action wasn’t a bit drastic, but the council shrugged off the concerns.

Here’s the problem: Smoking is legal.

Full disclosure: I hate smoking. I would love for the government to make it illegal. But it’s not. So it should be afforded the same protections as anything else.

Admittedly, second-hand smoke should not be tolerated, which is why there needs to be more creative efforts to curb the smoke, not kill the smoker.

If public health were the real concern here, then let’s be honest about all dangers, starting first with alcohol.

And if we decide to ban everything we don’t like, where does it end?

At the council meeting, resident Lorene Auger made the same point, saying the ban is a “slippery slope.” She worried about the effect on tourism, noting that all of our smoking-loving European visitors are going to be extremely annoyed.

She proposed allowing smoking after 8 p.m. or at least try to come up with a happy medium.

During the council comments, Mayor Toni Iseman asked whether the sober-living houses could install special fans to catch the smoke.

Clearly, there are all kinds of possible solutions that could work, but that would require creativity.

Let me tell you a quick story. Many years ago in high school, I was the “house of representative” on the class council. My job was to tell school officials what the students wanted.

So I went around to the different groups – the jocks, the stoners, the geeks, etc. – and asked them.

The No. 1 request was a smoking area.

The students, who were going to smoke regardless, had to light up in the bathrooms, where there was the occasional small fire, in addition to general property damage, litter, tardiness, etc.

I calculated all of the estimated costs to the district and presented my report in front of the faculty and administration.

Long story short, they agreed. They built the smoking area in a suitable place and overnight the problems were solved.

The funny thing is I hated smoking back then too, but it was my job to represent the students.

I mention that story because in my opinion, finding a solution that works for everybody is much better than accommodating only one group.

But it is harder to do.

The council claims there was a survey of residents that backed up the the claim that a large majority in Laguna doesn’t want smoking. I don’t remember that survey.

Make no mistake, this law is another example of an overreaching government. I’m no dyed-in-the-wool libertarian, but this strikes me as way too much.

Plus, it’s just unfair. It’s penalizing a group of lawful citizens who are doing nothing wrong.

It would be like telling the owner of a car that it’s legal to own the car but he can’t drive it because it emits carbon dioxide, which is known to cause cancer.

I know there are all kinds of good benefits to banning smoking: less litter, cleaner air, healthier citizens. I get it. But that doesn’t mean it’s right.

Furthermore, the police won’t actively enforce this law. In fact, it’s in the guidelines that the enforcement will be “voluntary compliance.”

“Staff does not intend to assign police officers to the task of seeking out and ticketing individuals who are smoking in public places,” the ordinance says.

So here’s what will happen:

Businesses will have to play the bad cop. For fear of getting cited, bars and restaurants will have to tell people to stop smoking outside.

Will people stop? No.

Like high school students, they will sneak away to bathrooms or bushes or dark corners.

And nothing good comes from that.

DAVID HANSEN is a writer and Laguna Beach resident. He can be reached at hansen.dave@gmail.com.