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Manatee Commissioners Won't Kick Smokers Off Beach

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By FRANK GLUCK, Sarasota Herald Tribune

Published: December 18, 2007

MANATEE COUNTY - Cigarette smokers may no longer be welcome on Sarasota county beaches, but they are unlikely to get the boot in Manatee anytime soon.

County commissioners on Tuesday rejected the idea of a beaches tobacco ban after County Attorney Tedd Williams told them such a ban was probably not even allowed under state law.

One provision of Florida statutes dealing with smoking restrictions states that regulation of smoking is pre-empted to the state."

Though that part of the law is specifically referring to indoor smoking, it would likely apply to any type of smoking ban, Williams said.

That warning was enough for commissioners, who want no part of a lawsuit.

Even Commissioner Donna Hayes, who pushed for a smoking ban last year and considered proposing one after Sarasota County adopted its ban last week, that was enough to change her mind.

"The last thing I want to do is waste taxpayers' time and certainly not commissioners' time," Hayes said.

In 2005, then-Attorney General Charlie Crist wrote an opinion for the city of Margate, Fla., stating that he believed state law does not allow local governments to ban smoking in public parks.

Attorney General opinions are not binding on the courts but do carry legal weight.

Proponents of such bans frequently point to the dangers of second-hand smoke and the fact that cigarette butts, which take years to decompose, are usually just tossed into the sand.

Opponents often call such proposals extreme and note that few outdoor areas are as wide open and breezy as the area's beaches.

Manatee County Commissioners briefly considered a ban last year, but quickly rejected the idea.

Sarasota County voted to ban smoking on beaches last week, the first area government to impose such a ban.

The cities of Sarasota and Venice are considering their own restrictions.

Instead of a ban, Manatee will review its enforcement of littering rules to make sure its white-sand beaches are not being treated like ashtrays.

Commissioners also said they would like to see more trash receptacles be installed to prevent widespread littering.

"I think you really have to give people those alternatives," said commission chairman Amy Stein.

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