Although several cities across California have adopted inclusive ordinances that ban smoking in all public areas the Malibu City Council rejected this approach on Monday night. Instead it is in favor of a compromise which will accommodate smokers’ rights while still respecting the health and consideration of non-smokers.
The revised smoking ordinance which will be drawn by the city attorney and considered by the city council will ban smoking in outdoor dining areas and outdoor public events among other selective areas. The ordinance will also create “smoking outposts” – spaces away from densely populated public areas designated specifically for smokers.
Brought to the council’s attention by Councilwoman Pamela Conley Ulich the ordinance is also designed to be self-enforcing relying on citizens to abide by the rules and inform others of the law rather than spending the time and money of the police to enforce smoking policies.
The impetus for a smoking ban in Malibu arises from the annual State of Tobacco Control Report Card released Tuesday Jan. 13 by the American Lung Association of California. The report card showed the progress of the 88 Los Angeles County cities in its efforts to reduce the harmful effects of second-hand smoke and gave individual grades to each city in the report. There are still a great deal of improvements that can be made according to Steve Gallegos smokefree advocacy and programs manager at the American Lung Association of California.
Malibu received a failing grade in its overall effort to protect citizens from second-hand smoke. It joined dozens of other cities in Los Angeles County with substandard grades in several areas: smoke-free outdoor air smoke-free housing guidelines and policies geared toward reducing sales of tobacco products especially to minors.
Glendale was the first and only city in California to receive an overall “A” grade in these categories in 2008 according to Gallegos.
Marshall Thompson Malibu resident who has worked with the American Lung Association in Los Angeles said the smoke around Malibu is obnoxious citing areas that Pepperdine students frequently visit.
“Malibu should be a leader in environmental issues Thompson said. [But] if you go to the Starbucks by … [Malibu Yogurt] you see dozens of small children with their moms and it’s a ‘smoke-a-thon’ there all the time.”
Gallegos said the report card should not discourage cities that received failing grades but persuade them to act.
“This [report card] is not meant to disparage [or] criticize cities Gallegos said. The report card is only for cities to see the range and scope of protection they can offer their citizens against the danger of second-hand smoke and what other cities are doing.”
Calabasas which received an overall “B” in 2008 is one of the cities that adopted the inclusive approach banning smoking in all public places in the community according to the Center for Tobacco Policy & Organizing. This type of ban has made a noticeable difference in the health statistics according to Malibu resident William McCarthy professor of public health at the University of California Los Angeles (UCLA).
“The first time [the Center for Disease Control tested Americans] they found that every American [they tested] anywhere from six months to 99 years … were exposed to second hand smoke at some kind of venue on a daily basis McCarthy said. The last time they did such a survey they found that one third of Americans now had no detectable levels of cotinine and the CDC explains this reduction as a consequence of the now many ordinances that restrict exposure to second-hand smoke.”
McCarthy also said the decline in cotinine levels is linked to the measurable decrease in lung cancer especially in California which was among the first states to adopt clean indoor air ordinances.
Some oppose the type of ban implemented in Calabasas because they believe it infringes upon basic privacy rights and freedom of smokers.
“If they want to kill themselves [on their free time] they should have every right to do that said Mayor Pro Tem Sharon Barovsky.
Pepperdine junior Adrian Catchings agrees with Barovsky.
It goes against their rights to take away their right to smoke Catchings said. They have the right to throw their bodies away if they want to – it’s their decision.”
Catchings added that the compromise of listing banned areas and creating “smoking outposts” is a better solution than an inclusive ban.
Health benefits and civil liberties considered Malibu resident Susan Tellem former professor at Pepperdine and UCLA emphasized the important underlying connection between smoking and chance of fire in Malibu.
“There is a fire risk as we’ve already been devastated by smokers tossing cigarette butts in 2007 said Tellem, who quit smoking 27 years ago. I know this idea [of smoking bans] was presented several years ago and didn’t pass but I think our recent fires make this an even more critical step to safety.”
Freshman James Newton recognized the fire hazard immediately when he came to Malibu from Michigan.
“I was surprised that you were allowed to smoke [at Pepperdine] in the first place Newton said. And it can’t really be a right if you’re imposing on the health of somebody else.”
Gallegos attributes the amounts of smoking on college campuses to the tobacco advertisers’ focus on attracting younger generations.
“College students will not change their smoking habits until they realize that they’re the targeted pawns of corporate interest Gallegos said.
If the Malibu City Council passes the revised ordinance, Gallegos said he would hope that Pepperdine would enforce a similar smoke-free policy, such as one that is already in place at Santa Monica City College.
The new ordinance should be ready for the Malibu council’s consideration in approximately one month.