Calabasas considers smoking ban inside apartments
Some residents are in a huff
By Joann Groff joann@theacorn.com

In their first discussion on expanding the smoking ban into apartments, Calabasas City Council members differed in their opinions on what was fair to regulate in people's homes.

While some of the council considered the ban essential in preserving the health of all residents, others thought the ban would be overstepping boundaries.

The city's current smoking ordinance, which went into effect 18 months ago, bans smoking in public places aside from designated smoking outposts.

The amendment to the ordinance would extend the ban to inside apartments and on balconies and patios. Residents who currently smoke in their units would be allowed to continue, but all new renters would see the clause written into their leases. Newly built apartments would be nonsmoking as well.

Mayor Pro Tem Mary Sue Maurer and Councilmember Barry Groveman have been working on the ordinance for months.

"The success of our historic ordinance in the last 18 months was the result of a lot of collaboration," Groveman said. "We need to be engaged in the same thing here. It's a work in progress. We need ideas tonight more than anything else."

The council asked for public input before discussing the ordinance.

Patrick Reynolds, well known for his smoke-free advocacy work and appearances in national press, visited Calabasas to encourage the passage of the ordinance. Reynolds, a grandson of tobacco company founder RJ Reynolds, watched his father, brother and other family members die of smoking-related diseases.

"People used to say, 'Oh let them smoke in bars,'" Reynolds said.

"Today in California, we look back and wonder did people ever really smoke in bars? This will become a thing of the past too, and it will be because of (Calabasas') vision. We will one day look back and wonder, were people ever allowed to smoke in apartments?"

Charles Wintner, who produced a documentary on cancer with his wife years ago, expressed thanks for considering the ordinance. The Wintners recently moved to Calabasas from Agoura Hills.

"We didn't know about the smoking ordinance you've already passed, but I want to thank you from the bottom of my heart for what you've done already to preserve our health," Wintner said, calling Calabasas "the most progressive city in the United States."

Some residents spoke against the ordinance.

"I'm angry," said Mark Shear, who said he doesn't smoke. "Is our council next going to go after trans fats, peanuts, obesity, soda . . . why not outlaw cars and trucks? I hate breathing those fumes. I'm asking you not to be a nanny city and stay out of our bedrooms."

Jenny Rich agreed.

"I'm a nonsmoker and I know it's bad for your lungs and kills you, blah, blah," Rich said. "But I don't believe in making it illegal in someone's home. It's not fair; it's not balanced. It's one-sided."

Mayor James Bozajian and Council Member Jonathon Wolfson both said the ordinance should be limited to apartments, although the ordinance does say new condominium buildings would have to be smoke free. They also discussed making a small percentage of apartments smoking units, similar to the smoking and no smoking sections of a hotel.

"I just want to be sure we don't overreach here," Wolfson said. "We need to be equitable and fair. It may not be easy, but we need to be fair. I don't want to do something that isn't ethical."

Bozajian worries the new ordinance might go too far.

"I'm really uncomfortable with regulating an otherwise legal activity in someone's home," Bozajian said. "I don't have an interest in a blanket ban on smoking in condos, townhouses, apartments."

Groveman and Maurer said they would use the feedback received and come back next month with a new draft.

"We do know the rest of the country is following us," Groveman said. "The last time we did this we heard, 'The sky is falling, the sky is falling.' The sky isn't falling. Actually I looked outside and it's as blue as can be."