Political Setback: Elorza’s Veto of ‘No Smoking’ Ordinance Overridden by Council
Friday, June 16, 2017
In one of the biggest public battles between the Providence City Council and Mayor Jorge Elorza, the Providence City Council overrode the veto by the Mayor of an ordinance that aims to protect the public from secondhand smoke in a dense area of public spaces that comprise Providence’s downtown core.
The ordinance has strong support by health advocates and the downtown business community. But, was opposed by Elorza and the ACLU.
“Everyone deserves access to healthy public spaces,” said Acting Council President Sabina Matos. “There is no safe level of exposure to second-hand smoke. This is a commonsense measure that mitigates second-hand smoke exposure in our most congested public spaces.”
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTSmoking is already prohibited in parks, playgrounds, and areas around schools. With similar restrictions already in place throughout the City of Providence, Matos sees this ordinance as an extension of existing policy.
“We all know that second hand smoke is detrimental to health,” said Finance Committee Chairman John Igliozzi. “Legislation that promotes public health is always good public policy.”
Elorza: Ordinance Criminalizes Poverty
Elorza fired back, “"I’m extremely disappointed by the City Council’s decision to pass a bill that transparently criminalizes poverty. The enforcement of this ordinance is not a solution as it does nothing to address the problem at its root. It will place additional strain on our officers, waste resources and time, and will prove to be ineffective as it will only push folks to other locations. I will continue to work with our community partners to advocate for more effective solutions that do not target the homeless and poor."
It is highly unusual for a council to override a Mayor in Providence — this vote is considered a political and policy setback for the Mayor.
The override passed 11-2 with Council member Mary Kay Harris abstaining, and Carmen Castillo and Michael Correia both voting “no.” There is a vacancy on the council with the recall of Kevin Jackson.
The ordinance was originally approved by the Council on May 24 and then vetoed by Mayor Elorza on June 2nd. Thursday's vote effectively sets the ordinance into law.
The area in which smoking will be prohibited is home to high-density foot traffic and is used by thousands of people— including residents, visitors, and children— on a daily basis year-round. According to the Centers for Disease Control and Prevention (CDC), second-hand smoke contains more than 7,000 chemicals, 70 of which cause cancer. The CDC states the only way to fully protect non-smokers is the elimination of smoking from all homes, worksites and public places. The World Health Organization reports that almost half of children regularly breathe air polluted by tobacco in public places.
Many municipalities around the country have enacted similar or more extensive laws regarding smoking in public areas.
According to the City Council, Calabasas, CA enacted a smoking ban in 2006 that makes it a misdemeanor to smoke where a non-smoker could congregate. This includes public sidewalks as well as apartment complexes. This is punishable by a fine of at least $250.
Boise, ID enacted a ban in 2012 that bans smoking from all public places accessible to children and all spaces owned by the public.
In 2012, Alameda, CA enacted a smoking ban that prohibits smoking in outdoor public places, including commercial-area sidewalks, defined as public sidewalks in downtown shopping and business areas.
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