Politics & Government

Beach Smoking Ban Lifted

Gulfport City Council members unanimously voted to remove the smoking ban on the beach to end a lawsuit that claimed the ban was unconstitutional.

All five Gulfport City Councilors voted Tuesday to remove the smoking ban on the beach and allow designated smoking areas at athletic fields and facilities as well as children's outdoor play areas.

The decision to lift the ban on the beach comes just two months after a judge in Sarasota ruled the City cannot enforce outdoor smoking restrictions.

"A judge has ruled it's unconstitutional," Gulfport City Attorney Andrew Salzman told Patch.

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Salzman recommended the change as a "compromise" to end a lawsuit filed against the city by St. Petersburg Attorney Andy Strickland. Strickland challenged the ban and claimed it was unconstitutional and illegal.

According to a Florida Statute, the regulation of smoking is up to the state, not local governments, he said.

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Florida Statute 386.209

Regulation of smoking preempted to state. This part expressly preempts regulation of smoking to the state and supersedes any municipal or county ordinance on the subject; however, school districts may further restrict smoking by persons on school district property.

Salzman and Strickland worked together on the new ordinance and as part of the compromise, the lawsuit will be dropped.

Below is the ordinance approved Tuesday night:

(a) The use of cigarettes, cigars or any tobacco products within any athletic fields/facilities, children's outdoor play areas, is prohibited at any time, except in designated smoking areas. The City shall provide designated smoking areas at all athletic fields/facilities and children's outdoor play areas which provide for visual access to said athletic fields, facilities and children's outdoor play areas.

More information

The following is the memo attached to Ordinance 2013-01 online:

"As previously stated and outlined by the City Attorney, the City of Gulfport is currently involved in litigation concerning the constitutionality of previously adopted Section 17-31 of the City of Gulfport's Code of Ordinances. More recently, a Sarasota county court decision has clarified some of the issues involved in the City's litigation. The Sarasota County judge has ruled that the City of Sarasota cannot enforce smoking restrictions on outdoor public properties, including public beaches. The judge has determined that the authority to regulate public smoking is provided only to the State of Florida. Respectfully, the City of Gulfport's Ordinance is fundamentally based on the City of Sarasota's Ordinance"

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