HolyCoast: Smoke Won't Get In Your Eyes
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Saturday, March 18, 2006

Smoke Won't Get In Your Eyes

The anti-smoking forces have gone all-out in the city of Calabasas, CA:

Life will be a drag for smokers in the city of Calabasas starting today, when a strict ban on lighting up in most outdoor spaces takes effect.

The ban, perhaps the most comprehensive smoking ban in the United States, prohibits smoking in all public places at times when other people can be exposed to secondhand smoke. Businesses can apply to create a designated smoking area far away from non-smokers starting in April.

The "Comprehensive Secondhand Smoke Control Ordinance" includes indoor and outdoor businesses, hotels, parks, sidewalks, restaurants and bars where people can be reasonably expected to congregate or meet, according to an announcement from the city of Calabasas.

[...]

People will still be allowed to smoke in their homes.

"The only exception is if your apartment, back yard or balcony is directly adjacent to a common area, such as a laundry room or pool," the city announced in a list of frequently asked questions on its Web site.

Applications for designated smoking areas will be available on the Web site some time in the beginning of April, they said.

Smokers who can't or won't kick the habit can still light up in public as long as they are "at least 20 feet away from any path of travel, doorway or place where people congregate."

If someone complains, the smoker will have to extinguish the cigarette or move, according to the ordinance.

Yeah, that's enforceable. I don't like smoking and certainly don't like being in a smoky environment (with the possible exception of Las Vegas where you sort of expect it), but I have mixed feelings about such restrictive ordinances. I remember what it was like to attend a ballgame at Angel stadium and have smoke blown in my face all night, or to sit in an office near three heavy smokers and go home smelling like a forest fire every night. I was very glad when those places were made into non-smoking areas. Those changes could be fairly easily enforced.

However, the ordinance as structured in Calabasas will be often ignored and unenforced as the cops are not going to spend time citing people smoking in the public park. And if some guy wants to smoke on his balcony which happens to be near a public area, will anyone respond if you call and complain? Probably not.

Once again politicians address the symptom, but not the disease. Did the city leaders ever consider banning the sale of smoking materials in Calabasas along with the smoking restrictions? Of course not. Number one, it wouldn't stop people from smoking, and more importantly, it would cost the city tax revenue. No politician is willing to ban smoking or the sale of smoking items outright because of the impact on tax revenue. Cigarettes have become a tax cash cow, being used to fund everything from health care to preschool programs.

Ordinances like the one in Calabasas may make the city council feel like they've done something significant, but in fact they've just created another batch of unenforceable codes.

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