Louisiana: Draft of Cantrell''S Smoking Ban Released

Source from:  Nola Defender 11/24/2014

The state legislature has routinely taken a pass on passing anti-smoking legislation. However, New Orleans City Councilwomen LaToya Cantrell proposed an ordinance to tackle the issue in New Olrelans. The proposed measure is severe elliminating smoking not only in bars, but many outdoor areas.

The ordinance would ban smoking (defined to include vaping or e-cigs as well) in a large part of the city; so it might be easier to talk about where smoking wouldn't be illegal. Puffing will be permitted in private homes, any retail tobacco business or manufacturer of tobacco, hotel rooms designated as a smoking room, private cars, and private apartments in assisted living residences that have written authorization to smoke.

But smoking within 25 feet of a bar? Or a park? Outdoor public events? Toll-booth lines? That would not be allowed under the proposed ordinance.

The draft forbids smoking in bars and casinos as well as outdoor areas like patios and courtyards attached to businesses. Plus, smoking within 25 feet of a business entrance would be illegal.

The 25-paged ordinance would also ban smoking in parks, and 25 feet away from parks, outdoor public transportation areas, and within 25 feet of said areas, within 200 feet of schools (unless you live within those boundaries), any property next to any property owned by the city of New Orleans, outdoor shopping malls, outdoor parking, outdoor arenas, outdoor services lines (like bank tellers even if you're in your car), any place of employment where two or more people will work, and outdoor common areas of apartment buildings.

In addition, the ban prohibits anyone from selling/donating/distributing any tobacco products within 300 feet of a church, park, public library, school, or day care facility.

So, effectively, the legislation would make smoking on the streets of the Quarter, Frenchmen, and much of the CBD/Warehouse District illegal.

The ban has found support in the form of Mitch Landrieu and several New Orleans city council members.

The measure references the U.S. Surgeon General's Reports and lists the health consequences of smoking and states "establishing smokefree workplaces is the only effective way to ensure that secondhand smoke exposure does not occur in the workplace."

It also states: "evidence from peer-reviewed studies show that smokefree policies and laws do not have an adverse economic impact on the hospitality industry."

Also, according to the California Environmental Protection Agency "exposure to secondhand smoke has serious health effects , including low birth-weight babies; sudden infant death syndrome (SIDS); increased respiratory infections in children."

Impacted businesses would be required to post "no smoking" signs and remove all ashtrays.

Businesses that don't enforce the ordinance would be penalized $500 and anyone who is caught smoking in violation would be subject to a $50 fine.

Many critics of the bill say that smoking is already on its way out, and that a law isn't necessary.

Recently, many state colleges have gone smoke-free, University of New Orleans was required to go smoke-free by August 1st and many private colleges are making their own bans, Tulane also went smoke-free in August.

If approved, the ordinance would take effect thirty days after adoption. Enditem