Smoking Ordinance

By Jason Born

As we know too well, Belmont's unusually broad anti-smoking ordinance has brought an unexpected and negative national focus on Belmont. This we can overcome by rationalizing the ordinance with citizen input and voting the right leadership into office. If we do not, then ultimately my concern is that overbroad legislation of this type exposes Belmont to expensive lawsuits and negatively affects our finances and citizens.

First - Certain provisions regulate smoking within an individual's own condo or town home, arguably even if the smoke is contained and not traveling to other units or spaces. Smoking is a legally-permissible activity - my concern is that this aspect of the ordinance is overbroad, potentially violates property rights, and exposes Belmont to lawsuits. This needs to be addressed.

Secondly - As written today, the smoking ordinance allows landlords to evict tenants easily for smoking occurring within their apartment, even if it was a guest not the tenant that smoked in the apartment. And arguably even if the smoke is contained. This is a lawsuit waiting to happen.

I believe it is more effective to focus on education, lease-based management by apartment owners, as well as tying violations to actual failure to contain smoke, rather than prohibition of the act of smoking. Also, like many other Belmont residents, I think if the ordinance were retuned, it would help people deal with uncontained home-based second-hand smoke and avoid essentially a governmental housing bias against smokers. Also, a more considered, researched adjustment to the ordinance would help us rationalize and justify an appropriate scope.

Ultimately its more government over-reaching... The Mayor, two outgoing Councilmen and two other City Council Candidates... All supporters of the new ordinance.