From My Notes: Additional comments on smoking ban**

Due to print deadlines, I wasn't able to include too many of the public comments -- or council deliberations -- on the city's proposed anti-smoking ordinance in Tuesday's story.

While outnumbered by the anti-smokers, there was a significant number of mostly business owners railing against the proposed ordinance. JJ's Steakhouse proprietor Ralph Viscuso said he calculated that the new rule changes would cost his business about $600,000 in lost patronage from smokers, based on an informal survey he conducted.

One of his customers, Keith Park, said he would be one of those lost customers.

"I went to an Ivy League school, and after all the information I have been given I have decided to smoke cigars," said Park, a La Canada Flintridge resident, who took a pretty cheap shot at some of the proponents of the new smoking rules by saying that instead of worrying about second-hand smoke they should be more concerned about obesity-related illness. "JJ's Steakhouse will lose my business because of this. I go to the Ritz-Carlton Hotel patio to enjoy cigars, and now that place is going to lose my business too."

One woman said the ordinance would be the beginning of a slippery slope that would lead to the erosion of civil liberties.

"I don't want the government to protect me from every perceived hazard," she said. "Please protect our personal freedoms."

Don Engle said that the city has a chance to choose between a feel-good law and doing what is right.

"Smoking is not illegal," said Engle, who made the seemingly ludicrous suggestion that the stress-relieving benefits from smoking are being ignored, while the proven medical detriments of tobacco are being played up. "If you want to do something good, then close the fast-food restaurants."

But the scores of comments from students, community activists and health organization representatives in favor of the new rules seemed to sway the council.

Councilman Chris Holden flirted briefly with making the portion of the ordinance prohibiting smoking in outdoor dining areas part of a voluntary program. But Councilman Victor Gordo disagreed.

"I don't think this is an issue that lends itself to voluntary compliance measures," Gordo said.  "Those who wish to provide a place to smoke (for patrons) have the burden to show they can do so in a manner that isn't going to invade into the space of others... There has been a lot of talk about individual rights tonight, but there is a second part to individual rights, and that is that they end when they begin to infringe upon the rights of others. When somebody is smoking and the smoke travels into somebody else's face.... I believe the smoker's rights end then and there."

Councilwoman Margaret McAustin noted that because the enforcement of the new law would be based on complaints to a city phone number, enforcement would be "virtually voluntary" anyways.

The city's tobacco control coordinator, Statice Wilmore, said that the city would take several months after enactment of the law to conduct a public education campaign about the new rules through letters, signage and other measures before actively enforcing the law.

Wilmore said that during the public education campaign, "If a complaint is observed, the public can call the number. Once received it is investigated within one business day, and if a violation is determined to have taken place, (the business) will receive a letter from our office. What we really want to do is not go out punitively, we want to let the public and businesses know about the new law."

But she admitted that once enforcement is in full effect, a police officer or other city official with enforcement powers will be able to issue citations "on the spot" if they see a violation taking place.

In the end the council voted unanimously to proceed with the new regulations -- with the exception of Steve Madison, who was absent from the meeting, **and Holden, who abstained**. They also asked for staffers to come back within one year with an analysis of the new law and its impacts on businesses and the community, as well as suggestions to further extend the ordinance in order to receive an A-rating from the American Lung Association.

Among the suggestions on how to achieve that rating, made by various council members including Jacque Robinson and Sid Tyler: outlawing smoking on sidewalks in high-traffic areas of the city; at Brookside Golf Course, the last public open space in the city where smoking is still allowed; and even to require owners multi-family apartments and condominium buildings to reserve a certain percentage of units for non-smokers.

**Updated