Burbank Smoking Ban Burns Some Business Owners

Los Angeles Daily News ^ | 12/15/2007 | Alex Dobuzinskis, Staff Writer

[Mark]

BURBANK - Six months into the city's tough anti-smoking ordinance - and more than 250 citations later - some downtown business owners are banding together to fight it.

They say the smoking ban scares away customers, and that it's too harsh, forcing renegade smokers to appear in court.

"It's ridiculous," said Jessica Ullo, manager of Picanha Brazilian Bar and Grill. "Everybody here smokes, and it's like where are we supposed to go for our breaks?"

Barry Kessler, 48, owner of a downtown jewelry store bearing his family name, has led the charge against the anti-smoking ordinance. In the coming weeks he plans to bring together business owners and petition the council to ease up on smokers.

Once burned by a big fine, customers avoid Burbank, he said.

"They're going somewhere else, and those people are gone and we'll never see them again," Kessler said. "So this is why it's distressing."

Under the ordinance, judges typically issue fines of about $200 for a first offense, said Michael Forbes, deputy city planner. A second offense can cost $380.

The ordinance was adopted by a 3-2 vote of the council in March, and it went into effect in May. Except for a few designated areas, it bans smoking anywhere downtown, from Burbank Boulevard to Angeleno Avenue, and from First to Third streets.

In the rest of the city, the ordinance bans smoking in city parks and on sidewalks, and 20-feet from businesses. The special restrictions apply to downtown because the 20-foot rule covers most of the area.

At least two council members still support the ordinance, which could be difficult to overturn.

"I think there's an overwhelmingly desire to experience outdoor dining and shopping in a smoke-free environment," said Mayor Marsha Ramos, the only council member still on the panel who voted for the ordinance.

"As far as I know, there's been no willingness on the part of the council to overturn this," she said.

Burbank adopted the smoking ordinance after Calabasas and Santa Monica adopted their own ordinances. Since Burbank passed its ordinance, Beverly Hills has toughened up its rules on outdoor smoking.

City Councilwoman Anja Reinke joined the council after the ordinance was approved, but she supports it. And she said residents and business owners also tell her they support it.

"At first, people had to get used to the whole thing, and now that it's up and running I think it's working out fine," Reinke said.

Tate Holland, 42, president of the Make-Up Designory in downtown Burbank, also has problems with the ordinance, even though he has never smoked in his life.

"It's not a workable ordinance. It's unrealistic," Holland said.

MUD is a makeup school, with plenty of young students who enjoy puffing on cigarettes. For years, they would gather at the back door to smoke, but the ordinance disrupted that pastime.

For Karrieann Sillay, 32, a teacher at MUD, her smoking habit caused her some headaches in court. Sillay was issued a citation for smoking in a parking lot, but when she missed her court date a warrant was issued for her arrest, she said.

Sillay was never arrested and the officer had the citation withdrawn, because it was unclear if smoking in the middle of the parking lot was OK, she said. But the experience left her unsettled.

"I was incredibly livid. I was like shaking. I was really upset," she said.

Burbank City Councilman David Gordon, who joined the council after the ordinance was adopted, said he did not support the ordinance from the beginning.

"I am a nonsmoker, but if I was a smoker and I was fined and I had to take a half a day off my work to go and appear in court, it could cost me several thousand dollars in absence from my business," Gordon said. "For a first-time offense: smoking."

But now that it's in effect, Gordon said, he wants to allow enough time to see how the ordinance works out before revisiting it. He declined to say how long the test period should last.

[Mark]

This evil product is still LEGAL? (/sarcasm)

[Publius6961]

This evil product is still LEGAL? (/sarcasm)

Second-hand smoke, the precursor that validated junk science and enabled the anthropogenic "Global Warming" hoax...

[lowbridge]

Burbank Smoking Ban Burns Some Business Owners

Bad Burbank Busybodies! Burying Business!

[timm22]

Except for a few designated areas, it bans smoking anywhere downtown, from Burbank Boulevard to Angeleno Avenue, and from First to Third streets. In the rest of the city, the ordinance bans smoking in city parks and on sidewalks, and 20-feet from businesses. The special restrictions apply to downtown because the 20-foot rule covers most of the area.

Wow, that seems pretty expansive. Are any Freepers familiar with the Burbank area or with this ordinance? Does the downtown ban include any residences? Is smoking restricted simply in public spaces or within businesses as well?

I will admit that- in my opinion - a government can legitimately enact reasonable restrictions on smoking in truly "public" places. I am inclined to vote against such restrictions, mind you, but I don't think they are automatically an inappropriate exercise of power. However, I am not entirely sure that the sweeping restrictions in Burbank are very "reasonable".

[Mark]

I’m waiting for a true protest. Step one: start a web site for Burbank smokers/sympathetic residents.

Step two: Make weekly or biweekly caravans with signs on the vehicles naming the web site and stating “ This week we are going to _______Mall (any other less restrictive community) to do our shopping”. Drive through the Burbank business district and pass by City Hall.

I would bet that other community’s shopping centers would pay to advertise on their signs (just an added bonus).

[Eric Blair 2084]

Big Brother, Nanny State, Grant Junky, Bogus Study, Junk Science, Social Engineering, Sheeple Control, Health Nazi

This is an extremely low volume ping list. 6 per week max. To be added to or deleted from this ping list, please click one of the following:

Eric, you are a genius add me to your ping list or Eric, you are a jackass, take me off this ping list

To request that I stop using these gay html colors and fonts, please send me a private message below.

____________________________________________________________________

Constitution of the Left Wing Nanny State of Liberals:

Picture courtesy of unixfox. All rights reserved. Copyright MMVII. Any use of the pictures descriptions or accounts of this ping without the express written consent of unixfox, Eric Blair, or Major League Baseball is strictly prohibited. Some restrictions apply. Ping not available in all states. For erections lasting longer than four hours, call the Guiness Book of World Records. Use only as directed.

Preamble:

We the People Sheeple of the United States Nanny State, in Order to form a more perfect Union Socialist Utopia, establish Justice Socially engineer a country of non smoking, physically fit, tea totallers, insure domestic Tranquility Smoking bans in bars, limits on unhealthy food and social drinking, provide for the common defense Universal Healthcare, promote the general Welfare health of the population whether they like it or not, in order to save above mentioned Universal Healthcare entitlement program from bankruptcy, and secure the Blessings of Liberty Dependency to ourselves progressive liberals and our Posterity Hitler Youth who we brainwash through public school education, do ordain decree and establish this Constitution for the United States of America. Nanny State of Liberals

[unixfox]

Who said banning smoking wouldn't be profitable?

[Mark]

Barry Kessler, 48, owner of a downtown jewelry store

[gonzo]

"...Second-hand smoke, the precursor that validated junk science and enabled the anthropogenic "Global Warming" hoax..."

Second-hand smoke kills 57,000,000 people every day, and that's just in the USA!

Or maybe not ................ FRegards

[Mark]

Great tag line!

[AGreatPer]

The heck with California. I have no desire to go there ever again.

Now spring training in Florida. Now your talking good stuff. And I can smoke there. Bradenton, Sarasota, St. Pete, Tampa, etc. OK, I might have to go into the non food section of the bar but there are strippers there. Ohhhhhhhhhh.

[rockrr]

Having a “no smoking” section in a restaurant works as well as having a “no peeing” section in a swimming pool.

[timm22]

Having a “no smoking” section in a restaurant works as well as having a “no peeing” section in a swimming pool.

You're probably right. I guess it's a good thing that we aren't forced to swim or forced to go to restaurants in this country...right?

[Gabz]

NANNY-NANNY STATE PING.

I have a feeling my customers tomorrow, will give me an ear (or two)full when I tell them about this.........I’ll be tending bar in a smoker-friendly establishment.

[gonzo]

"...Now spring training in Florida. Now your talking good stuff. And I can smoke there. Bradenton, Sarasota, St. Pete, Tampa, etc. OK, I might have to go into the non food section of the bar but there are strippers there. Ohhhhhhhhhh..."

Dey's gittin' pissy 'bout smokin' in de ball parks now, boss.

But they have a solution - they want to build a new ball-park for the hapless Tampa team, with lotsa expensive, private, air-conditioned boxes that allow smoking, while the people in the stands can't smoke!

As if any people actually go to their games. C'mon down for spring training, though. We can smoke there ................... FRegards

[Gabz]

I like your attitude.

[Gabz]

Do you know how totally outdated that comment is?

I mean seriously, if you don’t like fine, but please at least be original.

[Alamo-Girl]

Thanks for the ping!

[NaughtiusMaximus]

Never gone to Burbank . . . never will.

[metesky]

Golly gee, what a thoughtful and original post. Must have taken you hours...