THE REGION : Cities Sort Out Impact of Anti-Smoking Law

Throughout the San Gabriel Valley, cities are in a haze about how to enforce the new statewide anti-smoking law that took effect Jan. 1.

Assembly Bill 13, which outlaws smoking in restaurants and workplaces, requires local governments to implement the ban but leaves unclear how they are to do so.

West Covina resident William Cohen, who suffers from emphysema, said that when he complained about smoking in a Covina eatery early this month he was bounced between city and county officials--some of whom weren’t even aware of the new law.

Cohen said he left a Covina restaurant, Taste of Texas, when two patrons and a server began smoking.

“It was so smoky that I went outside,” he said. “I’m allergic to smoke. I have emphysema. My lungs close up and my breathing capacity shuts down by three-fourths.”

When he complained, Cohen said, the restaurant manager told him he would not enforce the ban until police told him it was illegal. But police told him they wouldn’t act without seeing a copy of the law, and referred him to county health department officials, who said they were still considering how to handle it.

“They should have devised a plan that was ready to be implemented on Jan. 1 that involved notification,” Cohen said.

The restaurant manager did not return repeated calls from The Times.

The bill passed in July, 1994. In November, a ballot initiative that would have weakened many of its provisions failed.

Police Chief John Lentz said the department didn’t even know of the law until it took effect and was therefore unprepared for Cohen’s complaint.

“We had not been made aware of this law until right after the first of the year,” he said. “So we were a little bit unsure of the provisions. In fact, we were a lot unsure of its provisions. But we have now received a copy of the law, and we will now instruct our officers to take the appropriate action. We may go ahead and write a letter to all local eating establishments, informing them of law.”

In the meantime, he said, the department will issue warning letters to businesses when complaints arise.

“If that doesn’t work, then we’ll go to a citation,” Lentz said.

Officials of other cities also say vague language in the law leaves them confused about who is responsible for implementing it.

“Not many agencies have plans because they’re not very specific in the state law with regard to enforcement,” said Arcadia City Atty. Michael H. Miller. “They use language such as health department, health division. And a lot of cities don’t have that--that’s the county. So a lot of cities were waiting for some guidance on how to handle it.”

Arcadia, like other San Gabriel Valley cities, chose its Police Department to deal with any complaints that arise. So far, none have come up. The city manager’s office mailed letters last week to explain the law to local businesses.

Baldwin Park publicized the new law in a local newspaper in December and again this month, said Carl Yeats, director of administrative services. But the city is still working out a plan to deal with complaints--and a way to pay for the work involved.

“As with quite a few other changes in the law, this has been passed down to cities, and it’s a great law,” Yeats said. “We’re happy that smoking control has been unified, but there was no money passed down” to enforce it.