TBO.com - TBO is Tampa Bay Online

Last Refuge Of Sarasota Smokers Under Scrutiny

ADVERTISEMENT

By ROGER DROUIN of the Sarasota Herald Tribune

Published: December 23, 2007

SARASOTA - Lido Beach is the county's last refuge for those who like a smoke with their sand and sun, but it might not last much longer.

At their Jan. 7 meeting, city commissioners will discuss the possibility of "opting into" the county's recently-approved ordinance banning smoking on the beach.

Sarasota County was the first county in the state to enact such a ban, but the notion of outdoor smoking bans is gaining momentum across the state.

At least two cities -- Wellington and Boca Raton -- have banned smoking in their public parks, and several others, including Naples, are considering a beach smoking ban.

Other municipalities are questioning whether they have the authority to enact smoking bans in parks and beaches because of a 2005 legal opinion by then-Florida Attorney General Charlie Crist.

Last week, Manatee County commissioners rejected the idea of a tobacco ban at the beaches after County Attorney Tedd Williams told them such a ban was probably not allowed under state law.

Williams was talking about Crist's opinion, which is based on the Florida Indoor Clean Air Act. That law says it is up to the state to decide where people may smoke indoors, taking that authority away from local governments.

Crist said that law also gives the state authority to regulate smoking outdoors, or "wherever it may occur."

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

Sarasota City Attorney Bob Fournier said Crist's opinion does not give sufficient evidence that the Indoor Clean Air Act also restricts local governments from banning smoking in parks or on beaches.

"I will let the City Commission know about this," Fournier said. "But I'm inclined to believe that the act only applies to indoor smoking."

Commissioner Dick Clapp said he is in favor of opting into the county's smoking ban. Two other commissioners have voiced support for a smoking ban, a city spokeswoman said. The commissioners could not be reached on Friday for comment.

"I'm sure there will be some complaints from residents or visitors," Clapp said. "But it will help with litter."

This year the city followed the county's lead by opting into a law regulating the use of fertilizers.

The crowd at Lido Beach on Friday was mostly in favor of a ban on smoking.

Paul and Bonnie Aarons live on Bird Key and go to Lido Beach at least five days a week. The couple thinks it is a good idea to contain smoking in designated areas with ashtrays.

"You don't see much trash on the beach, but you do see cigarette butts," Bonnie said. "They're not biodegradable and sea gulls pick them up and can choke on them."

Debbie Bueno, a songwriter who moved to Sarasota in October, is a nonsmoker. But she does not support the concept of a ban.

"I think it's taking away freedom," Bueno said Friday. "It's outside in the open air."

Share this:

Loading Comments...

Email Print

ADVERTISEMENT