Health panel gives initial nod to new limits on sale, use of tobacco
Measures among toughest in US
City health officials gave initial approval yesterday to sweeping new tobacco control rules that would ban cigarette sales at Boston pharmacies and on college campuses.
The restrictions, which would give Boston among the toughest antismoking laws in the nation, could take effect early next year.
The rules would also ban smoking on the patios of restaurants and bars with outside service, on loading docks, and in all the city's hotels, inns, and bed and breakfasts. The city banned tobacco use inside restaurants and bars in 2003.
The Boston Public Health Commission also gave preliminary approval to prohibit the sale of "blunt wraps," a tobacco leaf increasingly marketed to youths and Hookah bars, and to impose steeper fines on establishments that violate the city's smoking regulations.
In five years, the rules would ban smoking inside the city's cigar bars, which were exempt from the earlier regulation.
"Smoking and tobacco use is a major cause of preventable illness and death," said Paula A. Johnson, chairwoman of the Public Health Commission. "We feel it's very important as a city that takes the health of its residents seriously [that] we do all we can. We're really working to improve the health and well-being of our residents."
The commission approved the new rules 4 to 0 after an hourlong hearing. The rules will not take effect until the conclusion of a 60-day public comment period that will include a hearing yet to be scheduled.
The rules have been opposed by drugstore chains, tobacco companies, and local cigar bars, which argue the measures unfairly limit their right to sell a legal product.
"I find it gross that someone would want to take away a freedom to enjoy a legal product in an environment designed to enjoy that product," said Patrick Kelly, the cigar specialist at Cigar Masters in the Back Bay, which offers a lounge where patrons can smoke cigars. "I can understand banning it in public places. But everyone coming here is coming here to smoke. There's no reason to ban it in a place like this."
Adam Daker, manager of Gloucester Street Cigar Co., said even if he was allowed to continue selling cigars, his business would suffer because on a typical day dozens of people come in to have a smoke.
"It's completely unfair," Daker said. "We do sell legal products. If they do this, why don't they do this with soda or candy, or anything else that has potential harm for people?"
Barbara Ferrer, executive director of the Public Health Commission, said the new rules would help protect employees who work at cigar bars and other establishments where smoking remains permitted.
"All evidence now indicates that it's very hazardous to allow people to go into a place and be exposed to lots and lots of tobacco products, and unfortunately what we've really seen is marketing to young people," Ferrer said.
The proposed rules in Boston follow action by San Francisco, where later this month residents will no longer be able to buy cigarettes in pharmacies.
Ferrer said the city is targeting sales at the 74 pharmacies in Boston because tobacco, the leading cause of preventable death in the United States, shouldn't be sold in a place where people come for health products.
The rules would increase fines for retailers caught selling to underage smokers, from the current maximum penalty of $400 to $2,000.
At the hearing yesterday, Gregory H. Laham, president of Sullivan's Pharmacy in Roslindale, said he doesn't want to lose customers but sees the value of banning cigarette sales at drugstores.
"In a time when people are fighting to hold their customer base, they're going to have to tell the customers to go away," he said. "Regardless, I think this is the right thing to do. I think it should be a win-win for everyone." 