Burlingame council supports extending public smoking ban

The ordinance would also clarify that the ban applies only to the public right of way, like streets, parklets and public parking lots, and not private property like outdoor patios of bars and restaurants, Assistant City Attorney Scott Spansail said during the Nov. 6 meeting.

The California Clean Indoor Air Law prohibits smoking in most indoor spaces with exemptions for private smokers’ lounges or wholesale tobacco retailers, but it does not specifically regulate outdoor smoking.

Currently, 117 municipalities in California — including Palo Alto and Walnut Creek — have banned smoking in public and private outdoor areas.

The ordinance, which includes a ban on e-cigarettes, would also update smoking definitions to mirror state law and correct outdated language that would appear to legalize smoking in certain areas prohibited under state law like bars and hotel lobbies, according to Spansail.

It would not “make any proposed changes to the city’s current flavored tobacco ban, would not legalize smoking in any area where it is currently prohibited, and would not contemplate a tobacco retailer permit program,” he said.

Vice Mayor Donna Colson originally expressed concern around the magnitude of the Burlingame downtown area, noting that, “This broad, massive space will push smokers out into the neighborhoods,” and workers in Burlingame who smoke will have no space but residential areas.

But the ordinance does not have jurisdiction around private outdoor spaces, including private parking lots, Spainsail said, which should alleviate some concerns.

Colson supported the ordinance but said the council should prioritize an education-first approach to the issue without over-policing.

“I don’t want to criminalize a behavior that has been unfortunately addictive to people. I want to protect people without making people who do choose to smoke legally, at the age of 21, ostracized from our community,” she said.

Previously discussed smoking-related issues like legalizing hookah lounges in downtown areas will be discussed again by the City Council at their upcoming Nov. 20 meeting, although residents during public comment also touched on the issue.

Burlingame resident Josette Shah said during public comment that the city should respect continuing cultural diversification.

“I’ve noticed we have a big community now of diverse nationalities. With that, we got a lot of different and diverse cultures and what they bring, and some of that involves smoking,” Shaw said. “I’m a nonsmoker and I’ve lived in California all my life, I don’t see how relative it’s going to be if we do little bans here and there.”

“I want us to keep in mind that we have a lot of people from all around the world and they bring great business, they live here and they pay taxes. I don’t think it’s about going against the law but being a part of a community,” she said.

Ali, another Burlingame resident, spoke in support of continuing private freedoms for smoking while eradicating it in public areas.

“Public area smoking ban, I agree, I don’t want the people to be bothering another person, but at the same time, the privacy of a persons’ rights, if they want to smoke on their patio or private area … that will be their choice. After 21, you cannot say they cannot smoke,” he said.

Bob Trahan, the owner of Burlingame restaurant Twelvemonth, also encouraged the council to allow private businesses to be able to maintain areas where customers can smoke if they so choose.

“I think we’ve evolved as a society, I don’t think people are getting duped into anything. I appreciate the smoking ban in the public walking areas. … This is about the kind of experiences consenting adults really enjoy and are ultimately good for our community,” he said.

Former Councilmember John Root, who was active in Burlingame’s previous antismoking initiatives, encouraged councilmembers to pass the ordinance.

“I think you outta support the one year program for both avenues as is and you have time to find tune it and fool around with it when you see how it’s working,” he said.