Clearing up the Smoking Ban

By Blair Clarkson
Staff Writer

May 3 -- Just because you see Kevin Spacey strolling along the pier with a lit cigarette in hand, don't assume you can too.

Allowing actors to smoke during filming on the famed wooden structure is just one of the exceptions made to the City's new beach smoking ban adopted by the City Council last week.

"As long as it's part of the film," corrected council member Herb Katz, "and it's the actors that are doing it," not the crew.

As anticipated, the new ordinance – which bans smoking on the beach and restricts smoking on the pier to designated areas -- was approved 5 to 2 on second reading Tuesday and will go into effect on May 27.

The new law also bans smoking at bus stops and other public waiting areas and within 20 feet of all entrances to public buildings.

Until the law kicks in, the council instructed staff and the Pier Restoration Corporation (PRC) to return with plans for the design and location of the designated smoking areas.

In addition to amending the ordinance to allow smoking by actors as a part of their roles in productions filmed on the pier, the council directed staff and the PRC to include outside dining areas and sections of Pacific Park during special events as designated smoking areas.

Once the council and Fire Department approve the PRC's recommendations, a 90-day public education program will begin in order to spread the word about the new law before any citations are handed out.

After that, those caught lighting up in banned areas will be slapped with $250 fines.

Prior to voting, some council members took a final opportunity to voice their opinions on the divisive issue, which has become the focus of passionate public support and equally heated outcry.

"On the whole, this ordinance improves the experience of our beaches for millions of visitors," said Mayor Pro Tem Kevin McKeown. "It's very much the right thing to do."

Highlighting LA County's recent adoption of a similar ordinance to ban smoking on Venice, Cabrillo, Dockweiler and Will Rogers beaches, McKeown added: "With this (ordinance) tonight, we establish a 13-mile stretch of smoke-free beach in Southern California, and I think that's something very worth doing."

Council member Michael Feinstein attempted to clarify misconceptions about his prior stance on smoking and reiterated his current concern about the basis for the new law and its effect on individual civil liberties.

"I was supportive of our City going with the indoor ban in bars and restaurants" before being elected to the Council, Feinstein said. "I thought it made sense because of the second-hand smoke issue, and people were captive audiences. I even supported it in our city parks."

However, "as someone who goes to our beaches a lot, and who was there today, I think the significant amount of wind and wide open spaces render the second-hand smoke argument pretty much meaningless."

By creating designating smoking zones, he suggested, "we're going to create a problem with second-hand smoke by concentrating all the smokers in one area."

Feinstein, who voted with council member Pam O'Connor against the ordinance, added that although he is "very sensitive" to cigarette smoke, he feels uncomfortable when the majority votes to restrict the minority from doing something that is legal.

As one of the ordinance’s staunchest supporters, Mayor Richard Bloom challenged opponents' argument that the smoking ban on the beach and pier could potentially drive business out of the City.

"I've never seen a shred of actual evidence showing that any of the smoking ordinances have had a negative impact on businesses anywhere," he said. "I'd really like to see those facts someday. I don't think they're out there. I don't think they can be proven."

Besides, he said, "The benefits that we bring to the community, to the health of those that we serve, far outweigh any of the other aspects of this."