“There will be enforcement. If you want to smoke, you have a right to do that,” said Gallo. “But you don’t have a right to pollute.”
Common Council Majority Leader and Ward 2 Alderman Tom Hoffay said he would vote for the law, despite reservations that the new ordinance was both heavy-handed and unnecessary. In fact, Hoffay declined to act when the ordinance showed up before the Public Safety and General Government Committee, which he heads. Hoffay said he didn’t take up the resolution because he believed, and Corporation Counsel Andrew Zweben agreed, that state law already barred smoking under the canopy. Instead of new legislation, Hoffay said, the smoking issue should have been handled by the Pike Plan Commission, a quasi-governmental body elected by property owners with buildings abutting the canopy which is responsible for maintenance of the portico.
According to Hoffay, the commission could have taken a number of steps, like putting up no-smoking signs, installing cigarette butt receptacles or encouraging business owners to sweep up butts in front of their establishments. A local, business-based effort, Hoffay said, could have addressed the issue without having to fall back on a punitive and difficult-to-enforce law.
“There was no need to bring this to the Common Council,” said Hoffay. “This could have been handled by the Pike Plan Commission if they had stepped up.”
Well, I guess the Pike Plan Commission “didn’t step up.” Good for Mayor Gallo for taking the initiative, it was the right call. The ban should be extended to 25′ from any restaurant entrance that’s not under a canopy. Secondhand smoke is an established health hazard, and the flicked butts ending up in waterways a callous disregard for the environment: it is littering, plain and simple.