City to Stop Tobacco Use at Sports Facilities

Source from:  By MIKE VOSS; Contributing Editor 10/09/2007

During its meeting today, the Washington City Council is expected to adopt an ordinance to prohibit the use of any smokeless tobacco product at organized recreational youth athletic activities on city properties and/or properties leased by the city. During its Sept. 17 meeting, the council tabled a proposal to curb tobacco use at city-owned properties where children's athletic activities are taking place. During that meeting, the council said it wanted the city attorney to determine if an existing state law that prohibits smoking in and at public buildings also applies to public grounds such as athletic facilities and if it also restricts the use of smokeless tobacco products. Councilman Archie Jennings believes amending the ordinance will remove any doubt concerning the use of tobacco products at such events. The existing ordinance "wasn't quite as clear" on the issue as it could have been, he said. Jennings believes the council will support the change. "Yes, we will pass that, I think," Jennings said Sunday afternoon in brief interview. The city should prohibit the use of tobacco products at it's sports facilities when they are being used by young people because there is a "need to set a good example." "No tobacco is the better message to send," said Jennings, who acknowledges a ban against tobacco use at youth sports events at city facilities make be "inconvenient" for smokers. Other city officials share similar views. "We would have done it last time. It was something we had to make sure we could enforce," Mayor Judy Meier Jennette said in a brief interview Sunday. "It's time for us to get serious about enforcing this," Jennette said. "After reviewing the City Code, our City Attorney has determined that Chapter 11, Section 11-5, Rules and regulations (4 Smoking is not permitted on athletic fields, in centers excluding the Civic Center) is in place to cover no smoking," reads a Sept. 27 memorandum from Philip Mobley, the city's parks and recreation director, to the council and mayor. Adopting the proposed ordinance prohibiting the use of smokeless tobacco at organized recreational youth athletic activities on city properties and/or properties leased by the city will help efforts to prevent the use of tobacco products at city athletic facilities being used by young people, the memorandum reads. "Upon the passage of this Ordinance, it will be the mission of the City to educate and work with the participants and spectators at our organized recreational youth athletic activities, in order to reach a positive level of protection for our children," Mobley wrote in the memorandum. Adoption of the ordinance may not be the final action regarding the matter, according to a memorandum sent by Charles C. Edwards Jr. to Mobley and others. Edwards is a lawyer with Rodman, Holscher, Francisco & Pack, the law firm that serves as the city's legal adviser. "As I informed you, the provision is left to a potentially broad interpretation as to the meaning of 'on athletic fields.' Our office's interpretation of the provision is that the City is allowed to prohibit smoking on the field of play, in the dugout, in the stands and anywhere on the property where the athletic event is taking place," reads the memorandum. "However, if someone were to challenge the City's enforcement of this provision, it would be left to the Court system to determine the meaning of the provision and its restrictions/limitations. There is no telling how the court would interpret the provision." In the memorandum, Edwards recommends the city interpret the existing ordinance to mean the city may prohibit smoking "on the field of play, in the dugout, on the bleachers, etc. and enforce the provision as such, forcing the public to challenge the City's enforcement of the provision." He also recommends the council amend the ordinance to add the provision prohibiting the use of smokeless tobacco in the same areas where smoking is prohibited. "This will allow the City to prohibit the use of all tobacco products at youth athletic activities, which I believe was the goal you wished to achieve," the memorandum reads. In other business, the council is expected to consider implementing a six-month moratorium on outdoor advertising signs. The council meets at 4:30 p.m. in the Council Chambers of the Municipal Building, located at 102 E. Second St. Enditem