ORIGINAL REPORT, 10:07 PM THURSDAY: City parks will be no-smoking zones if the Board of Park Commissioners‘ recommendation becomes final. That’s according to our partners at The Seattle Times, who report that the board voted tonight to back the ban. As we noted when the proposed ban came to light in March, it’s been five years since Seattle Parks mulled a ban and then decided on restrictions instead. What commissioners voted for tonight is a revised plan explained in this briefing paper – no citation or fine for violators, who would instead be “educated” and warned.
1:58 PM: Parks has announced that Acting Superintendent Christopher Williams decided today to implement the ban, which will take effect in a month. Here’s the news release:
Acting Seattle Parks and Recreation Superintendent Christopher Williams decided on Friday to ban smoking in all Seattle parks. Just yesterday evening, the Board of Park Commissioners voted 8-0 to recommend that the Superintendent enact a smoking ban.
The new rule would expand the existing smoking ban from within 25 feet of another park visitor to no smoking on any publically accessible park land. The smoking ban takes effect in 30 days.
The ban will be enforced by trained park staff who will issue verbal and written warnings. Park staff will have no authority to issue fines or exclude smokers from parks.
“Our mission as a park and recreation agency is to provide healthful and welcoming places for all residents to enjoy,” said Christopher Williams. “The smoking ban is about protecting the rights of everyone to have a smoke-free environment—particularly in parks, where communities gather to recreate, enjoy the outdoors or exercise.”
Seattle’s action follows similar bans in more than 1,000 other cities and jurisdictions nationwide, including Los Angeles, New York, Boston, Chicago, San Francisco and Portland.
Enforcement of the new rule would primarily be a matter of education. The enforcement protocol for the new rule was developed in 2012 in conjunction with the Racial Disparity Project (then part of the Defender Association, now part of its advocacy successor organization in the Public Defender Association). This protocol does not include excluding people from a park because they are smoking.
Park Rangers would approach smokers to ask, “Did you know smoking is not allowed in parks?” and provide them with information on where they can smoke and a resource card with information about the policy and resources for help in quitting tobacco. The next level of enforcement would be a verbal warning. Seattle Parks expects a large percentage of smokers to voluntarily comply with these requests or verbal warnings.
The Park Board held a public hearing on the proposed ban on April 16 and a public comment period on the proposal ended on May 7. In response to comments at the hearing and to written comments expressing concerns that the ban would have a disproportionate impact on homeless people of color, Seattle Parks and Recreation agreed to mitigate the impact of the ban with the following provisions:
1. No citation: The revised proposal eliminated the infraction citation (which has a $27 fee) that was originally proposed as part of the smoking ban enforcement strategy.
2. Right to Dispute: Parks will create a process by which individuals can dispute a written trespass warning given for smoking in a park. This process will be included in a public information card to be handed out by either Police or Park Rangers when issuing a written trespass warning for smoking along with information on where people can smoke and information about smoking cessation programs.
3. Enforcement Monitoring Committee: Parks will establish an Enforcement Monitoring Committee composed of 3-4 people, including a member of the Board of Park Commissioners, a representative from a human rights or civil rights organization, and a homeless advocate to review and monitor the impacts of the smoking ban. The committee will meet every 90 days so that any unintended consequences can be addressed quickly.
“We received many thoughtful comments from the Seattle/King County Coalition on Homelessness, the American Civil Liberties Union, the Seattle Human Rights Commission and others and we decided to alter our original proposal,” said Williams. “When many voices participate in conversations that shape public policy, the result is always better.”
The smoking ban is supported by several major partners of Seattle Parks and Recreation for health and environmental reasons.
“Tobacco use is the leading preventable cause of death and disease both locally and in the United States, so it makes sense to take actions that promote health and healthy environments in our public spaces,” said Dr. Jeff Duchin, Interim Health Officer for Public Health – Seattle & King County.
“There’s no safe level of secondhand smoke,” said Matt DeGooyer, Executive Director of the American Lung Association in Washington. “We are very excited to see Seattle Parks and Recreation taking this step. Actions like this continue the steady progress toward de-normalizing smoking and tobacco use, making outdoor spaces a safer environment for impressionable youth and anyone who enjoys breathing clean, healthy air.”
In addition to being unhealthful for people, discarded cigarette butts are a major source of park litter.
“Cigarette butts are the most littered item in the world, with an estimated 5 trillion discarded each year,” said Brice Boland, Washington State Field Manager for the Surfrider Foundation. “Cigarette butts were the #1 item found on Washington beaches during the 2013 International Coastal Cleanup. Filters are made of cellulose acetate, a plastic, and can take countless years to biodegrade. Cigarette butt filters are toxic waste. When wet, they leach out toxins which are lethal to fish.”