A proposal to ban smoking in certain parts of downtown Jackson, including most of Main Street, is gaining controversy as a workshop with the public is planned.

Photo by: Bethany A. Monk

Some say it's a personal freedom. Others call it a public health concern.

On Sept. 8, Jackson City Council members analyzed the pros and cons of an ordinance that could douse the flames of smokers in the city's downtown area. Before making any final decision, however, a subcommittee of council members Andy Rodriguez and Al Nunes will organize a public workshop before bringing the matter back to the council.

Before that was decided, city officials and residents debated the logic behind the proposal.

"We will not come up with an ordinance that will be palatable to all," said Mayor Rosalie Pryor Escamilla, adding that she was "surprised that there's not a lot of people here speaking up on this." The issue, she continued, was brought to the council by several entities, including members of the public, Main Street merchants, Tobacco Reduction Committee of Amador County and others.

Less than 15 members of the public attended the Sept. 8 meeting. One of them, Dave Butow, a downtown Jackson merchant, told the council the proposed ordinance may "set up a second class citizen" status for smokers.

"I don't know how many of you have completed your ethics course," said Butow, a Jackson planning commissioner speaking on behalf of himself. "One area is common law bias prohibitions. What they are saying is that a legislative body can not let its own bias color its own judgments."

"If you've ever been discriminated against ... it's not a fun thing," Butow said. "It's really uncomfortable."

In mid-August, the council began looking at the smoking issues prevalent in the city's main street area, explained City Manager Mike Daly, adding that the council also looked at concerns about litter and congestion in the area. On Sept. 8, council members reviewed the first reading of the ordinance, drafted by Daly and Rodriguez.

Described by Daly as "pretty simple," the ordinance would prohibit smoking on sidewalks in the downtown area from the traffic signal at Water and Broadway streets to the intersection of Highway 49 and Main Street. A restriction of 20 feet from an entrance would prohibit smoking on most of Main Street in Jackson due to the close proximity of the buildings. The proposed ordinance designates smoking areas off of Main Street and near the central parking lots "easily accessible to those who wish to light up."

In 1994, California banned indoor smoking, but secondhand smoke lingering in entryways and entering buildings via windows is still a problem, according to a Sept. 8 memorandum Daly addressed to the council. The California Legislature passed an assembly bill in 2004 that prohibits smoking within 20 feet of a main entrance, exit or operable window of all city, county and state owned or leased buildings in the state.

It is unlawful for someone to stand in the roadway and smoke, said Jackson Police Chief Scott Morrison, answering a question from the public.

Butow did agree that "we have to do something about this mess on Main Street," but asked whether police officers have the time to reinforce the ordinance.

Jackson resident Dinah Ricker echoed Butow's concern about law enforcement's role in the proposed ordinance. "It's unfair for police to act as litter control."

She also voiced concern over people throwing garbage on the ground if there are no cans in place; and if there are cans in place, do they encourage people to smoke?

"I can't believe we're wasting time and efforts on smoking when there are hundreds of other programs," said Stan Lukowicz, who owns 15 buildings on Main Street. "It's not up to the city to say where you can or cannot smoke. I don't see that having a smoking ordinance will stimulate business."

Patti Busch, co-owner of Celtic Knot, said she'd like to see the ordinance pass. "If we could get that kind of ambiance here and attract an upscale crowd," she said businesses would benefit from a non-smoking atmosphere. Plus, Busch added, she doesn't like when her customers have to walk in and out of clouds of smoke lingering outside. "It's icky to smell that," she said.

"I think you need do a lot more work," Lukowicz told the council, adding that perhaps the council could "pay our lawyer to give him a legal battle over a smoking ordinance because we have so much extra money."

The new ordinance wouldn't make much of a difference, according to Edwina Leary, who's lived in Jackson for 34 years. If anything, she added, "it will run business away. And they're dying for business."

"I think it would be unfair," said Ione resident Jonathan Walloupe, shortly after extinguishing his cigarette in a can on Main Street in Jackson. "I don't smoke around people. It would be an invasion of freedom if I'm told I can't walk down Main Street while smoking a cigarette."

Rodriguez believed otherwise. "I believe people have the right not to inhale secondhand smoke," Rodriguez said. He added that people's right to a smoke-free atmosphere surpasses "the rights of people to create smoke."

Exposure to secondhand smoke at home or work increases their risk of developing heart disease by 25 to 30 percent and lung cancer by 20 to 30 percent, according to a June 2006 surgeon general's report.