West Hollywood Stirs Controversy : Tough Smoking Law Wins 1st OK

Restaurants in West Hollywood, home of many of the most chic eateries in the Los Angeles area, would be required to sharply restrict customers’ smoking under an ordinance that received unanimous initial approval last week by the West Hollywood City Council.

Restaurateurs plan to strongly oppose the ordinance, which would go into effect in April, at its second reading later this month.

The ordinance is “the toughest in the state, based on what I’ve seen,” said Mary Sandburg, a public affairs director of the American Cancer Society, who said she is familiar with 53 other smoking ordinances in California.

Restrictions in Workplace

It would prohibit smoking in employee lounges, conference rooms, restrooms, hallways, elevators, conference rooms and employee cafeterias. Smoking would be permitted only in separate, enclosed areas. Employees who want to work in smoking areas must request it in writing, the proposed ordinance says, and, in case of conflict, nonsmokers would prevail.

Smoking would be forbidden in public places, including retail stores; service, food production and marketing establishments; theaters; waiting rooms; reception areas; educational and health facilities; public transportation; hallways; elevators; escalators; lobbies; reception areas, and restrooms.

The ordinance would require restaurants with a seating capacity of more than 35 to set aside at least 50% of their seating for nonsmoking sections. Restaurants with seating for 35 people or fewer would be required to post a sign indicating that there is no separate area for nonsmokers.

“It’s impossible,” said Bernice Altschul of Carlos and Charlie’s restaurant on Sunset Boulevard. “How can we do it? There is no way that we can possibly do it.

“They read this at 1 o’clock in the morning. No wonder nobody knows anything about it. That’s why there was no objection. We certainly will be there” when the ordinance is read again, Altschul said. “They will be getting a good reaction, that’s for sure. If a restaurant had an occupancy of 40, 20 seats would go for nonsmokers.” That, Altschul said, would hurt business.

‘Extra Burden’

Council records show that the ordinance was considered between 11 p.m. and about 12:45 a.m.

Kay McGraw, president of the West Hollywood Chamber of Commerce, said: “Having been in the restaurant business myself, I would hate to have that extra burden of chasing customers out if they smoke. It’s unfair.

“I don’t disagree with trying to make our nation healthier, but I don’t know that we can legislate health. Next we’ll say that everyone must jog between 7 and 8 a.m. or you get a ticket.

“The council members want to be all things to all men. They are idealistic, and they are young. Their motives are OK, but they really don’t have to pass a law on every subject. When you’re handed a city that is financially sound, you shouldn’t mess around with it.”

Councilman Alan Viterbi said in a prepared statement: “In our first year of cityhood, the West Hollywood City Council has been in the forefront of the fight for human rights in a variety of situations. In this instance, we feel it is vital to protect all individuals from the significant health hazards and discomforts of second-hand smoke. It is for this reason that we have proposed one of the strongest smoking ordinances in the country.

“There may be some complaints when this ordinance first is enacted, but ultimately we expect the effects to be largely the same as in most other cities. There will probably be a minimal amount of inconvenience, but it will be a small price to pay for the improved health and quality of life that many of our citizens and visitors will experience.”

If approved on second reading, the ordinance goes to the mayor. Violations of any sections of the ordinance would be misdemeanors.