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Friday, October 14, 2005

Immunity for Sidewalk Smokers?

Posted by on October 14 at 12:08 PM

The Seattle P-I has a big article today on Initiative 901, the proposed statewide smoking ban, which has been causing the Stranger Election Control Board much anguish as we try to decide whether to endorse the ban or not. (See next week’s issue for our decision.)

Our big concern about I-901 has nothing to do with second-hand smoke — we’re all pretty much against that, and who isn’t these days? Our concern has to do with the fine print in the initiative, which makes it illegal to smoke outisde, as well as inside, public establishments such as bars, restaurants, and clubs.

As the P-I puts it:

The measure also would ban smoking within 25 feet of any doors, windows or vents of public establishments… I-901 backers acknowledge that restrictions would require flexibility to enforce; there are blocks in Belltown, Capitol Hill and Queen Anne where it’s hard to find any piece of sidewalk 25 feet from a doorway.

The Stranger Election Control Board is also worried that the 25-foot rule would give police a tempting weapon to use in targeting “problem” clubs. Don’t like a club or its patrons? Start making life difficult for them by scrupulously enforcing the 25-foot rule.

And contrary to what I-901’s backers tried to tell us during their endorsement interview last week, the P-I says that the police are the ones responsible for writing the $100 tickets that will be earned by sidewalk smokers who violate the 25-foot rule. The health department is only responsible for enforcing the proposed law inside of businesses.

So while this may be heartening to some on our board…

“We’re not going to get into our public health cars with chalk and tape measures and go to every bar and town,” said Roger Valdez, manager of the Tobacco Prevention Program for Public Health — Seattle & King County. “We don’t have the resources or desire.”

…it doesn’t remove our concern about the police having a new weapon with which to target “problem” clubs and bars. Will they be out there with their chalk and tape measures? Unless a similar public promise from the Seattle Police Department is on its way, our board can only base its decision on what it thinks is the likely answer to that question.