Smoking ban for outdoor restaurant seating backed by L.A. City Council committee

A plan for banning smoking in the outdoor sections of Los Angeles restaurants moved one step closer to approval today.

The City Council’s Arts, Parks, Health and Aging Committee agreed this morning to prohibit smoking within 10 feet of restaurant patios, gardens and decks. “This is a big step forward,” said Councilman Tom LaBonge, whose district includes parts of Hollywood, Silver Lake, Koreatown and North Hollywood.

Under the proposed ordinance, any space that is within 30 feet of a food truck also will be defined as an “outdoor dining area.” The measure would not apply to nightclubs and bars that require patrons to be 18 or older. Anyone caught breaking the law could face a fine of up to $250, city officials said.

LaBonge, who heads the committee, said he wants a final council vote on the ordinance before the end of this year. He also called for a one-year grace period, during which no enforcement would occur, to allow eating establishments to become informed about the law.

During that period, the city would rely on business groups to translate information on the new law into other languages, city officials said.

The committee had been weighing a plan to allow larger restaurants to create special outdoor smoking areas. But after hearing objections from a representative of Councilman Greig Smith, that provision was removed.

-- David Zahniser at L.A. City Hall

Photo: L.A. Times file

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Comments

[Rick]

Don't be fooled. The comments that include "I'm not a smoker, but..." are from smokers.

[Liliya]

From a Non Smoker: I have to agree, WHEN WILL IT STOP. We are becoming a society that is allowing the government and people with extremist believes to control our lives. We need to be responsible for our self and our families. And if you want to die of cancer then smoke. And if you want to enjoy "sitting outside in the sunshine and enjoy your food without having to inhale that nasty crap from the table next to you" them make the choice to stay home.

[Frank]

The harmful effect of a truck idling for one minute equals about 400 smoked cigarettes.
The hypocrisy displayed by Councilman Tom LaBonge in saying "this is a big step forward" is saddening. People formed to country to get away from such bigotry. It is just a majority taking away what a minority enjoys doing.

[gary newton]

Whatsa matta you. Reject my comments because you can't take the truth?

[Brit]

Hey all you smoking bigots - READ the proposal. It doesn't BAN smoking altogether. If you want to smoke then move outside the no smoking zone, just 10 ft away. You can't smoke at your desk, in public buildings, on planes or other places that make others around you needlessly suffer, so just accept the fact the majority of us democratically voted for you to move away and light up elsewhere.

[Peter]

I am enthusiastically in favor of anyone who smokes being allowed to do whatever they want that will remove them from the ecosystem as rapidly as possible. But they do not have the right to damage my health just for sitting at the next table. There have been enough cases of non-smokers dying from second-hand smoke to make the effects clear - and they are far, far greater than automobile emissions, as even a little research would reveal. But the propaganda spread by the tobacco companies dies hard. Keep up the habit, fellas - Michael Szymanczyk (Philip Morris CEO) only made $9.5m last year, he needs your help.

[Toby]

I'm finding the Food truck addition to be way too extreme. I have a lot of food trucks in my neighborhood.

So you're telling me a neighbor of mine could get ticketed by smoking a cigarette while walking their dog and turning the wrong corner?

Sorry but I find that to be way too arbitrary.

[dma28]

Geez.

I've always said smoking is my deal so I just find somewhere that is "least" offensive.

Hmmmm -- no smoking outside? That's where the cars and trucks cough tons of carbon monoxide everyday, right?

Now, since the Council is on-a-roll: may I suggest they attach NO VULGAR SPEECH and NO LOUD MUSIC IN PASSING CARS.

Those things really yank me. If they want to know what is vulgar, have them get in touch with me: I know it when I hear it. As for loud -- everyone knows what is loud. Loud is when bad music sounds worse. You know, LOUD.

[Non smoker rights!]

My child and I have the right to NOT breathe your disgusting, noxious smoke. If you want to smoke, do it in your own home, or in your car with the windows rolled up. If you are a smoker, and have a child, you are doing them a huge disservice if you smoke around them. Not to mention the fact that smokers smell (your friends are too nice to tell you, but I will - you STINK!). I have the right to enjoy my walk, my food, my neighborhood without walking through a disgusting cloud of stinky smoke.

[JA]

If CA is so anti-tobacco, then please stop accepting the tremendous amounts of tax revenue that it provides.
If Gov. main concern is the health of citizens, then how could you accept our hard earned monies via taxes for tobacco with good conscience?

[ctc]

Will smoker have the right to request the food truck to move from in front of their business. Soon smoker will not be able to be out in the open but will still have to pay taxes while not being free

[GIDP]

Jesus people, let the restaurant decide what's appropriate. It's their property. If your favorite restaurant allows smoking on the patio and you don't like it, ask management to ban it! If enough people ask, they will. If most of their clientele consists of smokers - find another restaurant. Is this really so unreasonable?

[Roger Pariseau]

Has the council gotten the latest news that lung cancers are occurring in folks who have neither smoked nor been around second-hand smoke? Has the council found _empirical_ evidence that smoking/exposure to second-hand tobacco smoke causes lung cancer? Lots and lots of statistics, not a whit of real science!

Why no real science? 'Cause it's expensive. Why the lung cancers in nonsmokers, etc.? The real cause has yet to be scientifically ascertained. My _guess_ is that some carbon emissions cause the disorder "in susceptible persons" (genetically predisposed individuals). Why haven't these been determined? Big Oil/Co al/Natural Gas, etc., with their heavy campaign contributions to our real decision-makers is my guess. Why no real scientists entering this fray? Such studies are very expensive requiring donations from wealthy institutions/individuals and lack of interest by same. (There's no money in it for anyone.)

[BelAirZ]

Great...smoking is banned...a legal product. If we are going to start banning things how about banning crying kids on outdoor patios where people eat. Better yet, let's ban people on welfare from having any more kids. Why don't we ban pot, which is illegal? But no, it is pick on smokers. It is a slippery slope and for all of you that want government to control your lives, i wish i could understand what you see that i don't. We are losing our feedoms, one by one. For all of you who applaud this, just wait, your feedoms will be taken from you eventually. If you are fat, ugly, rich, poor, single, married...one by one everyone will lose freedoms. How about just making a place for people to smoke that will not bother people? There is a place for everyone today if you are gay, transgender, immigrant (legal or not), but let you light up a cigarette and it is all over. I can't wait to see California without the cigarette tax.

[mark]

Most of those celebrating the ban are usually the one's who smoked the longest.I would have someone next me say "could you please put that out"? "I smoked for 20 years and i dont want to smell it anymore". I would reply, "well I've been smoking for 5 years so ask me again in 15"... I'm sure all the non smokers out there do nothing in their lives that might be dangerous to others...I'm sure all non smokers dont drink and drive...I'm sure all non smokers dont fly in airplanes..I'm sure all non smokers dont bbq or light their fireplace... welcome to Cuba Ladies and Gentlemen...

[Rick Gershman]

No wonder California is going broke, with idiots like this LA City Council in positions of authority.

I don't smoke. I've never smoked. And I realize that smoking is an incredibly deadly habit, not only for smokers but for non-smokers affected by secondhand smoke. But this is ridiculous. It's a massive affront to the personal liberties of both the customers and the restaurant owners.

I understand the need to ban indoor smoking. But if a restaurant wants to allow smoking on its patios, there is no reason on earth it shouldn't be allowed to do that. If someone does not want to be exposed to smoke, he or she does not have to eat there. If employees do not want to ever be exposed to smoke, they do not have to work there.

[BelAirZ]

Oh, you crazy tree-hugging liberals crack me up! You are not going to live forever! It doesn't matter what you do, where you go, what you take. You are going to die of worry before i die of living life in moderation. We live in LA; the air is bad...far worse than anything cigarettes will do. I believe in being considerate of people as a smoker, and i am. However, the hatred of many of the non-smokers on here is crazy! How many of you smoke pot, have huge SUV's, and every gadget known to man? You are doing more damage than smokers to the environment. I would not smoke around my nieces and nephews, and am happy to go outside; however, your little angels are not going to die from being around smoke for an hour in an outdoor eating area. Plus, if they would shut up and stop crying and disturbing my meal, maybe they wouldn't inhale so much polluted air. Apparently tolerance only applies to children, welfare cases, sexual orientation, and illegal immigrants. I do thank the non-smokers who have posted and have a reasonable outlook on this issue and choose not to support this ban.

[j]

Why dont they get the budget in order, Get rid of some of the lazy city, county workers that just sit around and dont contribute to the good of the city. Thanks Tommy you did another good one.. Anything to make it look like your doing something. Get your butts working on your big budget problem..

[Cherie Lohr]

Peersonally, I think all smokers and their families should stay home for meals. We are not welcomed at restuarants etc. Since the new numbers show 40% of Americans smoke this should leave plenty of room for the non smokers and make them very happy. Restuarants obviously do not need our patronage especially in these economic times. Smokers have NO rights. So 40% of American have no rights. Sounds like the American way to me. We can always go to Nevada to spend our money. I am very willing to try to keep my smoke to myself but when you cannot smoke OUTSIDE. Give me a break. You breathe in more pollutants from vehicle exhaust than cigarette fumes.

[smokingisgross]

I hate smoking. But this sounds unconstitutional.

[Mudplugger in UK]

Here in the UK we have had an indoor smoking ban for two years now. For two years now, I have not spent a single penny in any bar or restaurant, neither shall I until that ridiculous infringement of liberty is repealed. Bars and restaurants in Britain are going out of business at the rate of more than 50 every single day - do I care ? Nope. If they had got their act together and resisted the ban, they would still have customers. They don't deserve my trade. Everyone has a choice and, along with millions of others, I am exercising that choice. If non-smokers want to stay away, that's their choice too. Ain't that what we fought a couple of big wars for ?

In the UK (despite the 'global warming' fantasy) we don't have the weather for outdoor dining, so Phase 2 should not happen here - but hopefully we will reverse Phase 1 and put Nanny back where she belongs. Let freedom reign.

[Billy B]

so for the slump in economy ....lets stimulate the restaurant industry by banning a group of folks ... alot of places set up outdoor patios when smoking inside of restaurants that made most of their money from their bars wanted to keep their smokers happy ..and at their establishment when that ban went into place . now people got used to the patios and want the smokers gone ... its funny really . sitting outside having a coffee and smoke is a pastime thats older than the state of California .you start taking the simple things people have to smile and they may give you reasons to cry ..

[Lisa]

You know what's kind of amusing ... I bet the people that are having fun stating smokers are losers and should be banned from the world , Guess what ?
Hitler felt the same way I'm not sure that's company I'd like to keep .
I'd also bet on you being those self important people that sigh often and loudly when in line at the market when the old lady in front of you doesn't understand something or one of the 90% in the Whole Foods parking lot driving an SUV.

[rick cramer]

Smoking SHOULD be even more highly regulated to the point of elimination entirely. Smokers have absolutely ZERO regard for their own health, so why should they care about anyone else's health or have any "Right" to invoke their habit on me? There is no beneficial byproduct of smoking except of course the financial gain reaped by the tobacco industry, the medical industry, big Pharma, and the insurance industry. That is the real reason it will unfortunately never be eliminated. It's a deadly habit that make trillions of dollars directly and indirectly by making people ill and then killing them. In between the "treatment", (since there is supposedly no "cure" for cancer) reaps billions of dollars for corporate America. For the record everyone in my family who has smoked is either dead or dying from lung cancer.

[Toluca Lake Observer]

Tom LaBonge is a grand-stander who never met a TV camera or a publicity-generating issue he didn't like. He supposedly represents me. He does not. Those who whine about smoking on outdoor patios think the world should bend over to satisfy their opinions. If they don't like the smoke, go indoors, or go away.