Council to reconsider smoking ban

More than a year after snuffing out a virtually identical ordinance, the Eugene City Council will hold a public hearing Monday on a proposed expanded smoking ban.

And this time it appears to have the votes to pass. A City Council vote is scheduled for July 23.

The proposed ordinance would bar residents from smoking on downtown sidewalks, alleys and plazas adjacent to smoke-free private and public buildings, unless the property owners seeks city approval to opt out of the prohibition.

In addition, private and public buildings outside the downtown core but within the city limits could seek city approval to opt in to the smoking ban on adjacent public rights-of-way.

Major backers, including public health officials, PeaceHealth, Lane Transit District and the University of Oregon, say the proposed ordinance would cut down on residents' exposure to secondhand smoke in major pedestrian areas and reduce the fire risk and pollution from cigarette butts.

Eugene city councilors voted 5-3 on Monday to forward the proposed ordinance to a public hearing. Councilors Mike Clark, Emily Semple and Betty Taylor voted no.

The three city councilors had been joined by George Poling and Chris Pryor in rejecting the nearly identical proposed ordinance last year.

The only difference between the two proposed ordinances is that the earlier one was set to expire unless extended or made permanent by city councilors; this ordinance would be permanent.

Councilor Jennifer Yeh, who succeeded Poling to represent northeast Eugene, said Friday that she's in favor of the proposed ordinance, unlike her predecessor.

"Secondhand smoke is a serious health concern, and we need to take it seriously," Yeh said.

Pryor, who had expressed concerns about government overreach with the earlier ordinance, said Wednesday that he's inclined to support this version because the opt-in and opt-out provisions have been made clearer and give businesses and employers a choice.

And even if one of them voted no, Mayor Lucy Vinis said Friday she's inclined to break a tie in its favor, although Vinis said she wanted to hear the public reaction to the proposal.

LTD already prohibits smoking on its buses and at its stations and bus stops. Therese Lang, the agency's spokeswoman, said the proposed ordinance would allow LTD to better enforce those rules, support a healthy community and respond to complaints the agency receives from senior citizens who have to walk through clouds of smoke to catch a bus.

"Smoke just doesn't stay static," she said. "It moves. It floats. It is unpleasant if you're waiting for a bus."

Tom Tracey, co-owner of the Horsehead Bar and Thunderbird Market in downtown Eugene, said he was unaware of the proposed ordinance's return and said it left him feeling uncertain. Many patrons of bars and taverns smoke.

Tracey said he'd want to know more details about how to opt out of the smoking ban. City Manager Jon Ruiz or his designee would draft those rules if the council approves the proposed ordinance. Residents would be able to comment on the draft rules prior to the their adoption.

"I would have felt a little bit less apprehensive about this" if I had been involved in the discussions, he said.

Numerous employees of downtown bars and others said during the public hearing for last year's proposed ordinance that it represented an overreach by government and would hurt their businesses.

Patrons are barred from smoking inside bars and taverns, but the law allows the establishments to designate outdoor smoking areas on their property.

Backers of the proposed ordinance say they've received complaints from residents who've had to walk through the noxious clouds from smoking employees and other people.

Several city councilors who supported moving the proposed ordinance to a public hearing noted they've lost family members to tobacco-related deaths and said it's good public policy to discourage smoking given the public cost and lives lost to the addictive and unhealthy habit.

They said the proposed ordinance strikes a balance so residents can enjoy smoke-free outdoor air while still allowing others to light up.

Councilor Claire Syrett said the proposed ordinance wouldn't ban smoking outright, "but we're also creating an environment in which smoking is discouraged, which helps people quit and helps those of us who don't smoke enjoy a more pleasant downtown."

However, Councilor Betty Taylor was concerned the proposed ordinance would displace smokers from downtown into surrounding neighborhoods. And Councilor Emily Semple said the proposed ordinance should be uniform instead of treating downtown and the rest of the city differently.

The law already bars smoking in most buildings, a notable exception being private homes, and within a certain number of feet from entryways accessible to the public. All city parks and natural areas became smoke-free in 2016.

If you go

What: Eugene City Council public hearing on proposed expanded smoking ban. Also scheduled, public hearings on proposed 1,000-foot buffer between retail pot shops and proposed changes related to the Fifth Street Public Market expansion.

When: 7:30 p.m. Monday

Where: Harris Hall, Public Service Building, 125 E. Eighth Ave.

More information: Staff reports are available for review at eugene-or.gov/3360/Webcasts-and-Meeting-Materials