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Berkeley smokers may soon be confined to street corners thanks to new regulation by council
dailycal ^

Posted on 10/10/2002 6:47:37 AM PDT by chance33_98


City Council Shows Approval For Measure Against Smoking
Anti-Smoking Bill to Restrict Smoking Near Public Buildings

By SARA ZAIDI Contributing Writer Thursday, October 10, 2002

Berkeley smokers may soon be confined to street corners during their cigarette breaks thanks to a new regulation approved by the Berkeley City Council.

The City Council moved one step closer Tuesday toward implementing a measure that would ban smoking within 20 feet of entrances, exits and air intake vents of public buildings.

Council members unanimously approved the measure's first reading, sending the bill to the final reading, which will take place at next week's City Council meeting.

Since many sidewalks in Berkeley are less than 20 feet in width, the resolution may force smokers to street corners, said Councilmember Kriss Worthington.

"People will go to corners or intersections instead of smoking outside doorways," Worthington said.

Passersby, however, may still smoke near buildings "on the way to another destination," the law states.

Last February, a similar ruling was implemented for the UC Berkeley campus that banned smoking within 15 feet of all campus buildings.

The City Council, along with anti-smoking organizations such as the Berkeley Tobacco Prevention Coalition, said they hope the law will protect people with respiratory illnesses and others who are affected by the second-hand smoke near public doorways.

Berkeley Mayor Shirley Dean said the vote is an important accomplishment for the city.

"I'm very proud that Berkeley has moved along this path," Dean said. "It is going to create a healthier situation for nonsmokers."

Among its many provisions, the bill requires local owners and property managers to post signs on building entrances and exits stating that smoking is prohibited within 20 feet of the doorway.

City officials said they plan to provide businesses with these signs, and said owners and property managers will be asked to relocate ashtrays at least 20 feet from doorways.

The law states regulation will be "self-enforced" by smokers and other citizens who can ask a smoker to move if they are within the non-smoking area.

"(The city) can't afford people to check every street," Worthington said. "What usually happens is because of peer pressure most people won't do it."

Members of the Tobacco Prevention Program said they feel the ordinance is a major boost to public health in Berkeley.

"The measure will definitely call to attention how big a problem second-hand smoke is," said Katherine Brown, a health worker for the City of Berkeley Tobacco Prevention Program."We really want to emphasize the health concerns smoking can have," she continued. "That's what we're really hoping to get out of the policy.

Opponents of the bill, however, said their rights as citizens and tax-payers would be violated if the measure is implemented.

"It's ridiculous and persecutes the smoker who pays more taxes than the average person," said Ray Domkus, president of Forces California, an organization that advocates smokers' rights.

Andy Ludlow, who is the group's international president, said the City Council's decision had political motives beyond stifling second-hand smoke.

"Does Berkeley still claim to be liberal?" he said. "It's a great politically correct way for them to target the homeless."


TOPICS: Government; US: California
KEYWORDS: pufflist

1 posted on 10/10/2002 6:47:37 AM PDT by chance33_98
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To: chance33_98
Berkeley is a friend to all that is fascist.
2 posted on 10/10/2002 6:50:22 AM PDT by ohioman
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To: chance33_98
The bill is worse than useless but the comment by Andy Ludlow is also.
What has 20 feet from a doorway, homeless people, and politically correct have to do with each other?

"Honest, officer, I was just passing by very slowly."

3 posted on 10/10/2002 6:53:19 AM PDT by Just another Joe
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To: *puff_list; SheLion; Max McGarrity; Gabz
PUFF!
4 posted on 10/10/2002 6:54:26 AM PDT by Just another Joe
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To: chance33_98
"It's ridiculous and persecutes the smoker who pays more taxes than the average person," said Ray Domkus,

Don't think of it as a tax, think of it as a fine Ray.

5 posted on 10/10/2002 7:02:24 AM PDT by lewislynn
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6 posted on 10/10/2002 7:22:16 AM PDT by justshe
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To: chance33_98
Will this include "medical" marijuana smokers?
7 posted on 10/10/2002 7:24:08 AM PDT by SirFishalot
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To: chance33_98
The thing about all this outdoor anti-smoking---What about the bus,car and truck? A taxi stopping to wait for a fare will emit far more lethal fumes than a whole passel of smokers. What if someone wants to fire up a barbecue grill? or start a fire in the fire place?
8 posted on 10/10/2002 7:24:18 AM PDT by hexpoppy
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To: chance33_98
But people smoking marijuana are exempted from this law, no doubt...... 8)
9 posted on 10/10/2002 7:27:03 AM PDT by tracer
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To: chance33_98



GO SIMON

***

Tom McClintock for CA State Controller


10 posted on 10/10/2002 8:15:05 AM PDT by NormsRevenge
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To: ohioman
WE'RE MOVING!!!!! We live in Oakland...right next to Berkeley...we're out of here...WE'RE GOING TO BE FREE!!! Well...freerer.....
11 posted on 10/10/2002 8:31:33 AM PDT by vikingcelt
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To: Just another Joe
I was under the impression that a state law pre-empted local ordinances. That local laws could not be more stringent than state law. At least antis claim that's why state pre-emption laws must be fought tooth and nail. Apparently it's easier to hoodwink local pols than state ones.

I don't believe Kookiefornia's state law includes this rule. I could be wrong, of course. (I was once, back in ought three.)

12 posted on 10/10/2002 12:30:47 PM PDT by Max McGarrity
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To: Max McGarrity
Max - there are 2 types of pre-emption laws.

The kind the antis hate - as you describe.

and then the ones they like - such as California - that local are permitted to pre-empt state law.

On November 26 Delaware reverts from the kind that antis hate to the kind antis love. Right along with the smoking ban.
13 posted on 10/10/2002 7:31:42 PM PDT by Gabz
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To: chance33_98
I have it from a usually reliable source in Berkeley that these laws are passed for the sole purpose of generating (provoking) adverse publicity and Internet forum threads such as this one. Otherwise, they are as enforceable as the homicide laws in the O.J. Simpson case and many others like it.
14 posted on 10/10/2002 7:48:53 PM PDT by Revolting cat!
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To: Revolting cat!
Either way they are idiots and lower then nazi scum. They beg to be led and wish to evangalize the masses using the force the law to follow them :)
15 posted on 10/10/2002 8:03:16 PM PDT by chance33_98
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truth.org got hacked. You know...the anti smoking site.

I REALLY would not suggest going to it, especially if you are at work.

someone took it over and set it up to take posts, including really realy foul photos.

http://www.truth.org/

16 posted on 10/15/2002 9:35:27 PM PDT by KneelBeforeZod
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