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Unprecedented smoking ban a hot topic
November 16, 2006, 12:00 AM By Dana Yates
The decision to nearly eliminate smoking from all areas of Belmont has people across the country watching the small Peninsula city as it prepares to make history.

As first reported in the Daily Journal yesterday, the Belmont City Council voted unanimously to draft an ordinance that will ban smoking in all areas of the city except for detached, single-family residences. It would make Belmont the first city in the nation to draft such a broad ban. By law, a person caught smoking in a park, on the street or in their apartment could be slapped with a ticket.

The city is expected to take a first look at a drafted ordinance early next year.

“They are taking an incredible leap of faith, but I think they’ll land on the wings of the angels — the 53,000 people who die each year of secondhand smoke,” said Serene Chen, policy director for the Northern California Chapter of the American Lung Association.

Each year in California, secondhand smoke is linked to 400 lung cancer deaths in nonsmokers, 3,600 deadly heart attacks and 31,000 asthma attacks in children, according to a report issued this year by the California Resources Board, which also declared secondhand smoke a toxic air contaminant.

Armed with growing evidence that secondhand smoke causes negative health effects, the council chose to pursue the strictest law possible and deal with any legal challenges later. Last month, the council said it wanted to pursue a law similar to ones passed in Dublin and the Southern California city of Calabasas. It took up the cause after a citizen at a senior living facility requested smoke be declared a public nuisance, allowing him to sue neighbors who smoke.

The council was concerned about people smoking in multi-unit residences. Approximately 85 percent of California renters do not smoke, according to the report released by the Air Resources Board.

The American Lung Association is prepared to help the city by providing resources to the city attorney, training for local businesses and tips on how to conduct a successful education campaign, Chen said.

Meanwhile, Belmont’s move is attracting both local and national attention.

“It intrigues me,” said Jerry Hill, president of the San Mateo County Board of Supervisors. “It’s an interesting concept and we’re certainly all but headed in that direction.”

Earlier this year, the San Mateo County Transit District banned smoking at all its bus stops. Last year, the county adopted a ban on smoking in the public areas of apartment complexes and outside county buildings.

However, not everyone is happy about the proposed change.

“If the intention was to get attention to secondhand smoking — that is very noble, but the role of government is to implement laws. If we can’t implement a law, what’s the point of passing it?” said Mary Morrissey Parden, a member of the Belmont Chamber of Commerce.

Parden was speaking on her own behalf. The chamber was not contacted for any feedback since the council began discussing the topic last month, she said.

Repeated phone calls to the American Civil Liberties Union were not returned yesterday. However, it states on its Web site that “the ACLU does not oppose smoking bans in public buildings, in the workplace or in locations where non-smokers may be subjected to secondary smoke. We object only to bans on smoking, drinking, diet and hobbies in a person’s own home.”


Dana Yates can be reached by e-mail: dana@smdailyjournal.com or by phone: (650) 344-5200 ext. 106. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com.


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