Provincetown Outdoor Smoking Ban Put On Hold | Cigaretteson.net Tobacco News

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Provincetown Outdoor Smoking Ban Put On Hold

A proposed outdoor smoking cigarettes ban drew a full house of protesters to a town board of health public hearing Thursday.

About 30 people showed up at town hall to say the restriction would hurt the tourism-based economy and went against the town's celebrated culture of acceptance. Some also questioned the legality of the measure.

Currently, restaurants and bars may allow smoking cigarettes in outdoor seating areas that are enclosed by just one wall adjoining the outdoor space. The proposed rules would ban smoking cigarettes at any outdoor businesses that have food service.

"If you are seated and eating food, you are captive to exposure," said Mark Philips, chairman of the board of health.

But few attending Thursday's meeting seemed to agree.

Twenty-eight letters and emails in protest of the "draconian" proposal, as one letter termed it, were read aloud to appreciative laughter, nodding, and murmurs of "hear, hear."

After Philips warned his "voice might give out" from reading them all, board members took turns sharing the communications from local residents, business owners and Provincetown vacationers.

"Provincetown is a special place in which all people are truly created equal," another letter read.

Board member and physician John Livingstone said he has come across three studies highlighting the health hazards of second-hand smoke cigarettes in outdoor areas.

But protesters did not argue with the science; in fact, many of them claimed to be nonsmokers personally uncomfortable with cigarette smoke cigarettes and well aware of the health hazards associated with it.

Mary-Joe Avellar of Provincetown said she "hates" discount cigarettes and hasn't touched one in 35 years, but she opposed the proposal.

"As people are allowed to choose to allow dogs in their restaurants, so should the decision to allow smoking cigarettes be left to the owners," she said.

Others noted that Philips owns the Beaconlight Guesthouse in Provincetown, which serves breakfast to guests and allows smoking cigarettes outside. According to the board members' explanations of the intent of their proposal, such a place would be exempt from the stricter regulation because it does not have a wait staff or "restaurant" seating. Several audience members said Philips should recuse himself from the discussion based on a conflict of interest, but Philips quickly dismissed the accusation.

After the public comment portion of Thursday's meeting ended, board member Joe DiMartino concluded the panel "didn't get it right" with its initial regulatory language: many in attendance questioned whether the language of the proposed rule would apply to areas such as benches outside sandwich shops, seating next to public pools, and bars that serve light snack food and appetizers.

"It was not our intent to change smoking cigarettes regulations in outdoor bar areas," DiMartino said. "Based on these letters, we may need to think about changing some of the language to clarify that."

The board ultimately decided to seek legal counsel to "clarify" the language of their proposal. The only other town on Cape Cod with such a strict outdoor smoking cigarettes regulation in place is Bourne, according to Bob Collett, director of the Cape Cod Regional cheap cigarettes Control Program.

The board of health's next meeting is July 7, and Philips said another public hearing on the proposed smoking cigarettes regulation will come at a later date.

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