Gulfport One Step Closer to Smoking Ban

In a unanimous vote Tuesday night, the Gulfport City Council voted to proceed with a smoking ban on city beaches and children's outdoor play areas.  

In the first public reading of Gulfport Ordinance 2011-13, council members asked city officials for a further clarification of the details of the proposed ban, such as the exact areas of the beach where smoking would be restricted and allowed.

In addition, there was a minor dispute over whether the ordinance, if enacted, would have a "sunset" date or a time after which the law could be reviewed and extended.

Although about 35 people attended the meeting at Gulfport City Hall, not one person spoke in opposition to the proposed ban. Everyone in attendance supported the ordinance.

"We all know about the litter problem," said Gulfport resident Rose Marie Seawall. "But along with the use of substance comes the duty to respect other people's health."

Any initial reluctance over a smoking ban came from the council themselves.

Council Members Sam Henderson and Jennifer Salmon each reminded the meeting that their support was based on reducing the litter from careless smokers. They expressed concern that a ban on smoking on the beaches might affect "personal freedoms."

"We have a responsibility to protect people's rights," Salmon said. "We're going down a line tonight." She also expressed concern over "striking that balance."

"I don't see a smoking ban addressing litter," Salmon said. She added that it could be beneficial for Gulfport, "or it could be trampling on people's rights a little bit."

Henderson was apprehensive about exactly which parts of Gulfport would be restricted from smoking. He asked that the ordinance be written clearly as to where smoking will and will not be allowed.

"Specify what these areas are," he said. As long as the terms of the ban and boundaries could be explained by the time of the second reading, Henderson said he found himself "favoring moving forward."

The wording of the ordinance became another issue. Both Henderson and Salmon had insisted that a one-year test run was in order. That would guarantee an opportunity to evaluate the effectiveness of such a ban.

For a while, however, it seemed that the board was stuck on the wording of the regulation.

In the September 22 workshop, council members agreed that a "sunset"—or trial period - could be a possibility, after which there would be a review of the ordinance. At Tuesday's meeting, Gulfport City Attorney Andrew Salzman reminded the board that "sunsetting" a statute refers to a definite end date. He said that applying that limitation did not reflect the intent of the council.

Salzman recommended that any future review be a separate matter; it could then be addressed on its own, and not a part of the ordinance itself.

The council agreed to split the issue.

There was one vote for the ordinance itself and another for a review one year from the date of adoption.

Council Member Jennifer Salmon made a motion to review the smoking ban ordinance one year from it's adoption date. Council Member Sam Henderson second the motion. The council voted 4 - 1 in favor of reviewing the ordinance if it passes on second reading. The motion to review is contingent on the smoking ban ordinance passing on second reading on November 1, 2011.

Vice Mayor David Hastings—a strong supporter of the original proposal—was "not for sunset."

Hastings voted to approve the smoking ban, and was the only no vote for any review of the ordinance after one year.

Prior to continuing the proposal, Mayor Mike Yakes agreed that it did not fully address the litter problem on Gulfport beaches.

"It will not cure the litter problem," Yakes said. "But the ordinance has validity."

The smoking ban on Gulfport beaches and children's play areas is now set for a second reading, public input and final vote, at the Regular City Council Meeting on Tuesday, November 1, 2011.