In split vote, council agrees to explore smoking ban

Oct. 25, 2011 by Ben Baeder

DOWNEY – In front of more than 125 people, including nearly 80 teenagers, the council voted 3-2 late Tuesday to have the city craft a policy to ban smoking at parks and public events.

Mayor Luis Marquez and Councilmen Fernando Vasquez and Roger Brossmer voted in favor of the staff crafting laws that would curb smoking. Councilmen Mario Guerra and David Gafin voted against the proposal.

In a hearing that highlighted nasty exchanges between Guerra and Vasquez and Marquez, the measure passed after nearly two hours of public testimony.

It was Vasquez who proposed exploring the smoking ban.

Vasquez said the right for children to breathe clean air should trump the rights of smokers. He said he didn’t want any smoking restrictions on private property.

“I’m a business owner and I understand the difference between private and public,” he said. “When you’re doing it in a park, Mr. Mayor, that’s where I have concerns. Whether its two feet away or 20 feet away, I can’t control where the wind’s blowing.”

Guerra accused Marquez and Vasquez of playing politics and creating a fake issue that no one brought up until recently.

He said there is no data that links outdoor smoking to health risks.

“It’s a sexy political issue for your campaign next year for the assembly,” Guerra said to Marquez.

Marquez is running for the 58^th Assembly seat.

Guerra also accused of Vasquez of lying when Vasquez said Guerra tried to contact him about the issue. Since Guerra openly said that before Tuesday’s hearing he spoke to Marquez about the issue, his contacting another council member could be construed as a violation of open-meeting laws.

Vasquez contended that Guerra last week mentioned a newspaper article on the smoking issue. He said he declined to discuss article with Guerra.

“You’re lying,” Guerra yelled from the dais to Vasquez. “Don’t lie.”

Vasquez insisted that he was not accusing Guerra of violating open meeting laws, commonly called the Brown Act.

As for Marquez, he said he was doing what he thought was right.

“I damn well will always fall on the side of what’s best for our children,” he said.

Gafin said he thought the ban was unnecessary and flew in the face of the spirit of civil liberty on which the country was founded.

“The big concern is we are taking more of the individual’s rights away,” he said. “I’ve never received a letter or comment on this until the last three weeks.”

Brossmer’s support for the laws seemed lukewarm.

“I don’t have a problem with putting this forward,” he said, but he also said he didn’t see it as a major issue.

In the end, the council voted for staff to craft a law that would restrict smoking at parks and in public places with the provision that a designated area be left for smokers.

The staff will likely come back with a law within the next few months, which would have to be approved by the City Council.

Downey High School senior Eric Choi, 17, said he didn’t expect designated smoking areas to be included. He was still happy with the results of the meeting.

He was one of the teens who attended the meeting, many of whom are members of the Kiwanis Green Team or were associated with the Downey Fresh Air Coalition.