Members of the City Council in Redwood City on the Peninsula presented it as a commonsense approach to protect people from the ill effects of secondhand tobacco and marijuana smoke. Their amendments to a local municipal code ban smoking in the city's downtown two-block-long pedestrian mall, plus within 20 feet of restaurant and bar entrances, exits, and operable windows.
When it takes effects in early February, it will effectively ban smoking in the outdoor patios of restaurants in the city of nearly 81,000 people roughly 40 minutes south of San Francisco. Neighboring cities such as Mountain View, Palo Alto, and Menlo Park already instituted similar tobacco regulations in public areas.
While gay Redwood City Councilmember Chris Sturken agreed the new smoking restrictions were needed, he ultimately voted against the amendments at the council's January 13 meeting because of concerns he had with its enforcement provisions. (The council voted 5-2 to approve the item.)
Local police officers and code enforcement officers will be able to fine people up to $100 for their first violation, increasing to upward of $200 for a second violation within one year and up to $500 for additional breaches of the smoking prohibitions over a 12-month span. They do have the discretion to issue a verbal warning to first-time offenders of the new rules without giving them a fine.
Sturken's attempt to require officers to give people only a verbal warning and no fine for their first infraction was voted down 5-2 by the council. It led to Sturken and City Councilmember Marcella Padilla, who had supported the change, to ultimately vote against the amended smoking restrictions.
Afterward, Sturken released a statement explaining his vote. In it, he noted his concern that the fines will particularly harm the LGBTQIA+ community, which has long been targeted by big tobacco companies, and other marginalized groups that are the focus of cigarette advertising and marketing campaigns.
"While I agree with the intent of the ordinance to protect public health and reduce exposure to secondhand smoke, I believe that the proposed penalties, specifically the lack of a warning for first-time offenders, harm rather than help our community," stated Sturken, elected to his council seat in 2022.
He cited research that "tells us that youth, low-income people, LGBTQIA+ people, and people of color are targeted by the tobacco industry and use tobacco products at higher rates." And "in a region where the average family lives $400 away from homelessness," Sturken questioned if such groups would also be unfairly targeted under the new smoking regulations, potentially putting them at risk of being unable to afford their rent or other essentials.
"Without data on how officer discretion is used, I did not feel confident voting for a policy that may harm rather than help the communities hit hardest by the tobacco industry," stated Sturken. "I understand the importance of these regulations in promoting the well-being of our community, but I believe a more balanced approach that encourages compliance while offering a chance for education and course correction would have been more effective."
The office of Redwood City Police Chief Kristina A. Bell, an out woman hired in June 2023, did not directly respond to the Bay Area Reporter's questions on her reaction to Sturken's statement and what guidance she intends to issue to her officers on enforcing the new smoking prohibitions.
In an emailed reply last Thursday, Bell wrote, "At this time, the proposed ordinance remains under consideration by the City Council."
Rules specific for three businesses in the city allowed to offer on-site hookah consumption, exempted from the new smoking regulations until August 31, are to be voted on by the council before July. City staff also plan to bring additional changes related to smoking and outdoor dining areas in the coming months for the council to take up.
"Although the most popular place to limit smoking was outdoor dining areas, staff have not specified outdoor dining in the ordinance, as we believe that limiting smoking in proximity to restaurant/bar entrances and in the pedestrian malls is broad enough to cover most outdoor dining areas in the public right of way," city staff explained in their report to the council. "Staff currently are updating the Outdoor Business Activity Program Standards and Guidelines, which govern the use of the public right-of-way for doing business, and will include smoking prohibitions in outdoor dining areas in the Standards and Guidelines."
Speaking to the B.A.R. by phone last Thursday, Sturken said he has not spoken directly to the police chief since the council meeting about the new restrictions. He said council members are supposed to direct their queries about city issues via the city manager.
He explained he makes it a point to issue a statement to his constituents when he diverges from the council majority on votes. He hasn't received much blowback to his vote, though Sturken questioned how many people in Redwood City were aware of the amendments to the municipality's smoking restrictions.
"What alarms me more is the lack of interest in this topic. We had literally three people in the council chamber that night, and no public comment on this item," said Sturken.
He also raised concerns about the limited outreach to the city's youth that was conducted last year by city staff in preparing to bring the matter before the council. Citing the survey results provided to the council, Sturken noted just three young people were included.
"We basically passed an ordinance that affects them directly without their representation, in my opinion," he told the B.A.R.
As for the fines, Sturken said his concern is that when it gets up to the $500 level "that can be a big hit. That is a car payment, or maybe a third of someone's rent depending on where you are living."
The dollar amount may sound inconsequential, added Sturken, especially to a wealthy individual who is Caucasian, "but to communities targeted by big tobacco and using tobacco in greater numbers, like queer youth of color and BIPOC folks, that is a big hit."
City staff noted in their report the positive impacts the new rules will have for nonsmokers, who face "negative health impacts" from exposure to secondhand smoke. They also pointed out that the "narrow approach" being taken will leave smokers "enough places" to smoke without the need to designate specific smoking areas in the city, as some in the community had suggested.
Brian Davis, a gay man who is the project director for LGBTQ Minus Tobacco, told the B.A.R. since his group doesn't work in San Mateo County, it wouldn't be appropriate for him to weigh in on the Redwood City council policy discussion. But generally speaking, he highlighted why addressing secondhand smoke exposure is particularly needed.
"LGBTQ+ people use tobacco products significantly more than the general population, primarily due to the stress caused by the discrimination we face," noted Davis. "Also, more than 2/3 of us are exposed to secondhand tobacco smoke, which is 25% more than the general population. Secondhand smoke can also trigger nicotine cravings among those who have quit and want to stay free from tobacco."
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Got a tip on LGBTQ politics? Call Matthew S. Bajko at (415) 829-8836 or email [email protected]
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