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Few Charged with Violation Despite City's Law Banning Smoking in Public Places, Smokers Puff Away

Date: 19790415/P
Length: 2 pages
03732263-03732264
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Author
Kindred, I.
Area
LEGAL DEPT FILE ROOM
Alias
03732263/03732264
Type
NEWS, NEWSPAPER ARTICLE
PHOT, PHOTOGRAPH
Named Organization
Birmingham City Council
Birmingham Jefferson County Transit
Comm for Smokeless Dining
Police Dept
Univ of Al
Named Person
Barnes, R.
Brown, C.
Cope, C.W.
Gardiner, B.J.
Jones, Eac
Myers, W.R.
Reeves, L.
Silvestri, L.
Vann, D.
Document File
03732159/03732629/S and H Re Smoking and Health General Volume 3 780901790605.
Date Loaded
05 Jun 1998
Request
R1-004
R1-037
Litigation
Stmn/Produced
Author (Organization)
Birmingham News
Characteristic
MISS, MISSING PAGES
Master ID
03732159/2629
Related Documents:
Site
N14
UCSF Legacy ID
zkz61e00

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r 0 I) d 57 Y .x rn 4 ~:,~~ r rtxt. #{ 1 )esm u ti E-15r,tCHARGED.VVITHN c_. a i EA ann-in s U 0 S.' 1~79 $~t ~Bhat ag~•m ~tmi~~`A f NIO , 4f ra.lh:~ 61W ~~ `•1 W 1 r :;p,~' ~ y ~ ~r ~~ ~.~a ,i BY INGRID RINDRED Newa staff wt ite,,e Jones said he lias gotten complainta from parents after their'children i~ Despite a Birmingham law that bans smoking in many publlc places~ tmokera; ~ come home from rock shows smelling like smoke }> k~. ~r G : still are putf ing away at many public events c ;.y s~'~" n ; r e * . „ `~ ss7n~ • . ~,.~yL ~ f3a :' Few people ever have been charged with violating the 1976 clty ordinanceA I.OT OF TIIE SMOI{E at the rock concerts marijuana smok rding ',~ F whiek prob,bits smoking In such public places as seated areas of tkeaters, concert " to frequent concert goers That was confirmedby hlye~s gr ; haW and auditoriuma, basea, school DalldlnBS; Passenger,elevatora, masenm~e ~.'~ fi~ public libraries and City Coancil chambers He said there is' , display areas, no question that the pot smoktng goes on and that there are ~W 1 Smoking aiso is banned in non-smoking sections of businesses where "no `` ery few arrests ,as~ :~ ~, r smoking" signs have been posted, and also in patlents` rooms In hospitals and .7" ' +.:~4~ nursin homes, ezce t where the adminstrator has desi ated smokin areas R,.` ~nlike s~rnking clgarettes 1n puDlic places where the eity.ordinance prohibits; r g-- y p g° g- it, the manlauna smoltmg is a cnminall olation, said Myers~ The cit ordinance classifies the violation as a misdemeanor. It carries a fine :; of not less than;10 and no more than;100 upon conviction for violatioo +,',~, ,~' ~- 1'oliee are aware, he said, that they "can and may make arreats" on. ~'p~•i For the most part, the ordinance kt not rigidly enforced. But the Birmiagham• -; marijuana violations, but, he said, "it' not a top priority for the Police Depart_".. r' Jefterson County `lYansit Authority has begun a campaign to let its riders know ,'" ment to strictly police rock concerta. not ?"",t smoking on the public buses will not be tolerated :~ In the past, drivers have called police in instances where riders have refused ' I don't think tle problem is such that we should put numbers and nu_mbers of' a Id take a' ~ to put out their cigarettes, said Ron Barnes, Transit Authority assistant general• police in rock concerts to RPrehend people smoking pot. It wou manager. Besides the city law prohibitin smokin on the buses Barnes said-- tremendous amount of manpower. I d_on t think the results would be worth the resources ou ut into lt " s €. - mokiog was against bus cam _ n said M ors Pa y Policy. ~S' ; , y ...P y , , ~pr>{ , ;t~} ~ A••stash that ash" campaign now is underway to alert riders about the law, ' Retired cttq paliceman GW Copehead of security at the Civie Center sald g ...,,, They are getting leaflets and stick-on buttons as they board tiuses, esplaining the there is "no way"to control pot smoking at the coccerts. Although the odor can be policy and smoking hazards, said Barnes. He said bus drivers, who have been'n detected, 6e said, ttie seating area alwa is darkened for the performancea. ordetxd to sto buses to ask riders to ut out their ci aret P P g te0. 'are pleaaed that we w~ -~. ,, F, .. . . _ . have initiated the campaazgn. :: , yo me I'd sey,It a something I don t condooe, but it's been,going on for yeara and yea~s, and there's really nothing anyone can do about it," said Cope GENERALLY, ENERALLY, HOVVEVER. SMOKERS have found they can just keep puffing ~ ~. ~ . - away in public places. City police and theater managers seem to favor gentle persuasion, if anything, in dealing with public smokers..: - :; ,, h: -•. Lynn Reeves found that out recently when she and her famlly.wentto the Bugs ugs Bunny Follies production at Boutwell Auditoriurn Mrs. Reeves, who said she normally is not offended by smoke, said Ler eyes began to water, and she went into the lobby to get the management to ask six . --- smokers near Ler seats to stop smoking: ~ ~ sh0 Wd fhr nrnF-nm uas nt rr hv fhn timP che Mnt'hurrl ihP nnlirn.n.?n on S have s :e. 4P . V , r . cki , 4L1~ ~l`, c r ~
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1k "g . ...~...c. c.w% iwueusuW aucWua ou[Wns'as'.Nle,y, Doaro. twses, explaining tbe ';.'. h!re ls'~IOWiy" to contMl pot smoLtnl policy, ar.$ smoking hasards, said Barnes: He said bus drivers, who have been ~:kd h i tb ti l' ~ esa e a oR .ar~ea ~~Na ordered' to stop busea t riders y put out t5eir cigarettes, "are pl ot yae y,,~ ~ v rea have lnltigtld' the cam. ~sn T~ ~~t 4 sonxthlag and years, and there's reaB GENERALLY, HOWEVER, SIYIORERS!have found they can just keep puffing' away in public places.; City police and I theater managers seem' to favor gentle persuasion, if anything; in dealing with, public smokers. Lynn Reeves (ound that,out recently when she and her fgi to the~ Bugs Bunny'Follies production at Boutwell!Auditorlum. Mrs. Reeves, who said,she'normally is not'offended by smoke, said her eyea'. . blgan to water, and she went into the lobby to get,the management to ask sin ~ - smokers near her seats to stop smoking $. She said' the program was over by the time she oonvincld the polieeman on +t , 4tt' dutyy to ask the smokers to stop smoktng. ` -'~ ~ `~+ ;~ ~ Ik ~ ~ '"It's' not an isolated incidentl Obviously no real effort is bela11 g pud'e ta ~ eaforce this (no smokiag)' law;' said Mrs. Reeves ~"_ ~.,l ~• a~ ~t ~?^ t; B;J! Gardiner, Boutwell' Auditorium manager, saiid only one gmoking-cam- ' #"plaint has come to his attention in the year and a half b'e:6as been tbere There'are no visible "no amoking" signs in the Auditoriim but uauall'y at ~ events there and at the Birmingbam Jeffereon Civic Center eom let, a noo-~' - smoking announcement is made in the seating area .4efore a per~orpsance or ~sporting event begins. " . f i"We're never going, to patrol and make'everybady put out t6'eir dg+~rlttps,,, .~•'s9id Gardiner. ? ~ He said smoking really bas not been much of' a~ problem at Auditorium i.; . events. Fe;w, seats there have cigarette burns,,and the concrete tloor in the aeated a' ~ has not been damaged by cigarettes i<•a k~ ~"~'t*' t ~` 3t" 1b`~Gardiner admitted;.however; that his position on the smoking subje~t~~Aa~P ' ~ cti'ange wtieo planned renovation of auditmium is aomple ~ •tld. '~ r . . ~, b~...... ' . .;..~~;y~.q.. kY: ~BfRB1INGHA14f POLICE CHIEF BLII'R•Myers said the dity'a amoklug or ~nance, is popular with non•smokera •and unpopular with smokers. He sakid be prefers that smokers comply with the ordinance yoluntarily,, and,L ' po,flce handle complaints "shortof arrest when possible:" ~#l There'are those, however;;wh'o would prefer,more strict enforcement of the s smoking law. One sUch' person is Dr. LdUis Silvestrl,.a medical'scientist with tbe'~' University of Alabama in Birmingtiam : •c ~• ~e. About'a year, ago.,Sllvestri,appeared before the Birmingham City Glrncfl~: seeking more stringent enforcement of the smakJng 1aw, apeciallY,61 movie ~ theaten. Hk saidisome theatera:hadT„~designated Im,okiog sgctloos"«wbkh i". believed violated the city law ~;~4 ; ' ;,i~ ~ ~ ` : •:}I"c"~ _Following Silvestti'a council appearance, Mayor David! Vanna tn l'ocal,•• ~' theaters; asking cooperation irn enforcement of the city amoking law. ~~~ 11~ 3' Silvestri, chairman of the local Committee for Smoke'essDining; said be and7' I others of the 19-memtier, group followed up Vann's letter with visits to tbeaters.; : , ~ Now, he.said, he is not aware of any theaters in the dty where smoking la - pe;mittedl, ~t" S ~d~p;~,~Iy~r CECIL BROWN of Plitt Theatres, said those theaters 6ave.never had amak Ingsections[:'j,ir:• ~ ` While smoking sections have been eliminated, Silvestri sald tbeaters~'qot .' actively patrollLng'..' to see to it that patrons don't light up ~ ~'I can see their perspective. They don't want to upset their patrons," he said. Silvestri said,smokers skoul# cooperate by nat smoking io;tlgbt places sacYi aa tbeaters. ~.` "I ffiink the theaters have done as much as could be requested of them,'rbe :, " When asked his'opinioo o[policf enforcement of the smoking,law, Vann said,' "Pollce can't solve all our problems''* jr' ,i ,;.?w At most', sporting events andiconcerta attracting adults„•smokin{u1~is., not a problem in the Civic Center complex, said F.A. (Casey) Jooes, manager.• ,~. ~` ""Generally; for most events,' there is no smoking in the seated areas," Ye said '"Oe your rock shows -'yes, you do have smoking,' Efforts lave beea very. rr successf ol'on sporting eveats:witb the cooperation of. the public, taking ia accoant ' ,, t6E health of the athletes and tbaf;kind of thing ~ At'sporting events and' mostly adult concerts, Jones said naheis and iaeaurityGF ; guards have been able to control amokin~'"al'moat 100 ipetreaG" llshers have printed "no smoking"'cards they pass out to smokers when they: s!e them puffing or when th'eyget ~complaints from people seated near thesmoke..., But at rock shows, Jones said, there. never ire any complaints from the` '' audieocl; because"smoking iaan accepted way of life with the young peaple." .<x said: A % .;~ r:., Vann said Silvestri's complaint was the only one he has rteiceived aboui"tb' smoking law• "His' was a very lonely rnmplaint," said the mayor. ® 0 0 0 ® 0

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