Measure Targets Tobacco Use by Minors

Source from:  By D. E. Smoot Phoenix Staff Writer  11/13/2007

The City Council will consider a new municipal law that would allow police to issue citations to minors in possession of tobacco products. The proposed ordinance also would prohibit tobacco sales to minors and require businesses that sell tobacco products to keep them in an area inaccessible to the public. The proposed law provides for fines and possible license suspensions. The measure was given a 7-2 approval by the city's public works committee, but several committee members expressed concern about the city's attempt to "legislate morality" and duplicating state law with a new city ordinance. City Attorney Frank Medearis said health department officials recommended the proposed ordinance. A number of other municipalities, Medearis said, have passed similar measures. Ward IV Councilor Jim Ritchey, one of two committee members who voted against the measure Tuesday, said he doesn't agree with minors using tobacco products but a new city law is not the answer. "I think this is absolutely wrong," Ritchey said. "It's not the city's job to keep kids from smoking - that is something the parents should be addressing. We should not be trying to make criminals out of kids who otherwise are good citizens." Ward IV Councilor Frank Borovetz said he had no problem with the city trying to do more to prevent tobacco sales to minors. But he expressed concern about police targeting teens who use smokeless tobacco. "What about these young men who have the ring of honor on the back pocket of their pants?" Borovetz said, referring to the large circle created by cans of smokeless tobacco. "Are the police going to target them?" Ward IV Councilor Troy Stoutermire said passing laws that ban acts such as smoking is outside the scope of what the City Council should be doing. "That is legislating morality," Stoutermire said. "I don't think we should do that." Martha Alford of the Muskogee Youth Coalition countered the arguments of dissenters and skeptics. "Tobacco companies are gunning for our kids," Alford said. "This is a leadership body, and it would say a lot for you to stand up and be a leader on this issue." Ritchey said he plans to continue his opposition to the proposed anti-tobacco law when it is presented Tuesday for consideration of the City Council. A fact sheet provided to committee members, listed four reasons why municipalities should pass laws that mirror the state's anti-tobacco laws: • Revenue generated by enforcement of municipal laws would be steered into city coffers. Enforcement revenue generated by prosecuting violations of state laws would go to the state. Enditem