D.C. Council approves sidewalk smoking provision

Angela Bradbery — Wed, 03 Feb 2010 04:40:04 +0000

It’s official: If you own a business in D.C. and are having a problem with secondhand smoke drifting inside from smokers outside, you can post “no smoking” signs outside.

The D.C. Council today approved the so-called “sidewalk smoking” provision — a few lines tucked in a much longer bill (18-428) designed to curb tobacco use by minors. It states that business owners can ask smokers to move away from the building. The measure has no enforcement mechanism – disobeying will not lead to a fine or citation. The Council is counting on smokers having the good sense and courtesy to smoke elsewhere.

The sidewalk smoking provision says:

A property owner or ground-floor commercial tenant has the authority to post signs on his or her property stating that smoking is not permitted on public space within a specificed distance from and abutting the building wall. The distance shall not be greater than 25 feet or the distance to the far side of the adjacent public sidewalk, if any, whichever is less. An authorized sidewalk cafe shall not be subject to a no-smoking sign posted pursuant to this section unless the sign has been posted by, or with the consent of, the owner or operator of the sidewalk cafe.

The bill passed unanimously on its final reading and will take effect after a mandatory congressional review period.

A big thanks to Councilmember Phil Mendelson, who crafted the provision after Smokefree DC told him of the many calls we have received from people inside offices who were breathing secondhand smoke that had drifted inside. That violates the spirit and intent of the smokefree workplaces law. Since that law doesn’t address outside venues, we asked him about a fix. This was his solution.

Please thank Councilmember Mendelson (pmendelson@dccouncil.us) and the entire Council dccouncil@dccouncil.us.

Building owners soon will be able to post “no smoking” signs

Angela Bradbery — Tue, 05 Jan 2010 21:20:58 +0000

The D.C. Council today took a solid step toward firming up the city’s smokefree workplace law and ensuring that workers aren’t exposed to secondhand smoke on the job. In unanimously approving on first reading bill 18-428, the “Prohibition Against Selling Tobacco Products to Minors Amendment Act of 2009,” the Council clarified that building owners can post “no smoking” signs in front of their buildings.

It’s a simple and very basic measure that will greatly help those who suffer when tobacco smoke enters buildings. It’s not a ban – there is no enforcement in the new legislation. However, we hope that smokers will abide by the request and move down the street.

When smoke drifts inside buildings, the purpose of the smokefree workplace law – to protect all workers from the carcinogens in secondhand smoke – is violated. Smokefree DC has received quite a few calls from people, including a worker in a cardiologist’s office, reporting that smoke is a chronic problem. We hope this will be a fix.

One worrisome thing is an amendment offered by the restaurant association — and approved by the Council — designed to ensure that sidewalk cafes aren’t affected if neighboring buildings post no-smoking signs. We are a bit concerned it could be interpreted to mean sidewalk cafes can’t be smokefree if they wish. Councilmember Phil Mendelson assured us that wasn’t the case; we are still looking into it.

This provision is a lot weaker than it could have been – some jurisdictions prohibit smoking within a set number of feet from entranceways. Check out, for instance, Washington state’s provision.

The bill also will make it harder for minors to obtain tobacco – see the Washington Examiner’s write-up.

There is still one more hurdle ; the D.C. Council needs to vote on more time on the bill. That should be later this month or in February.

Smokefree DC » sidewalk cafes

D.C. Council approves sidewalk smoking provision

Building owners soon will be able to post “no smoking” signs