Gulfport City Council

Beach Smoking Ban May be Removed

Gulfport City Council will vote whether or not to remove the beach from the city's outdoor smoking ban Tuesday night.

Gulfport City Council members will vote, during first reading, whether or not to eliminate the smoking ban on Gulfport Beach at the regular city council meeting tonight at 7 p.m. at Gulfport City Hall. Less than two weeks ago, Gulfport City Attorney Andrew Salzman suggested the council change the ordinance in order to come to a "compromise" and an end to a lawsuit filed against the city. Learn more about that in our article, "Smoking Ban 'Compromise' to Lift Ban on Beach." According to the agenda packet for tonight's meeting, which is available online: "The City of Gulfport is currently involved in litigation concerning the constitutionality of Section 17-31. A recent Sarasota county court decision has clarified some of the issues involved…

•  31 Comments
• Photos (1)

Gulfport City Council

Lawsuit Challenges Smoking Ban

The Gulfport City Council will meet to discuss a lawsuit filed by St. Petersburg attorney Andy Strickland regarding the ticket he received for smoking on the beach.

St. Petersburg attorney Andy Strickland filed a lawsuit against the City of Gulfport regarding a citation he received for smoking on the beach on April 21. Strickland did not provide any further details about the case. Strickland told Patch, in a previous story, that he wanted to challenge the ban in court. City Attorney Jim O'Reilly confirmed, with Patch, that the litigation is regarding a ticket Strickland received for smoking on the beach. On Tuesday, June 19, the Gulfport City Council, City Manager and City Attorney will discuss the case during a "shade meeting" at 4:30 p.m. at Gulfport City Hall. The meeting is not public. According to the agenda, the case is titled: Andy G. Strickland, Petitioner, vs. the City of Gulfport, Florida, a…

•  75 Comments
• Photos (1)

Attorney Plans 'Smoke In' to Challenge Gulfport Ban

St. Petersburg attorney Andy Strickland plans to continue his fight to lift the smoking ban on Gulfport Beach by organizing another "smoke in" on Saturday, April 21.

Since it's passage in November 2011, only one person has received a citation for smoking on Gulfport Beach: attorney Andy Strickland. Strickland says that he deliberately tried to get a ticket, informing the city in advance of his plans to smoke in violation of the law, so he could challenge the charge in court. Strickland believes that the ban is illegal and unconstitutional. According to a Florida Statute, the regulation of smoking is up to the state, not local governments, he said. 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 …

•  64 Comments
• Photos (2)
• Documents (1)

CJ

7:30 pm on Wednesday, April 25, 2012

I have been following this story for a long time..every since I think it first was brought up about the smoking bans. Where this all started has been kinda lost in the shuffle over the bans. If I remember correstly, it was sort of a case where you can't fix one problems without fixing another. It was noted by the wonderful volunteers in so many of the litter/clean-up efforts around town that the …   more ›

How Will Smoking Ban Be Enforced?

The smoking ban is in effect, but that doesn't mean you'll receive a citation right away.

It's illegal to smoke or use tobacco products on the Gulfport Beach and various outdoor areas in the city. The citation carries a $143 fine for the Class III violation, according to Gulfport Police Chief Robert Vincent. Because the ordinance is new and signs are not yet posted, Vincent says officers have been instructed not to enforce the ordinance until proper signs are installed. Vincent explains that after signs are posted, there will be a 30-day warning period. After that, "Enforcement will be as it is with any other incident-based (as opposed to condition-based) ordinance violation." "A citation issued for violation of this ordinance would be a Class III violation, which currently carries a $143 fine," according to Vincent. Chief …

•  13 Comments
• Photos (1)

Bill O'Brien

3:03 pm on Wednesday, November 9, 2011

The thing that initiated this whole debate was the fact that the beach clean-up picked up mainly cigarette butts from the beach. The problem is not smoking on the beach, but littering on the beach. There is already a city ordinance in place against that. I think enforcing the existing ban on littering would be easier and more beneficial to all. Next year, if the beach clean up picks up McDonalds …   more ›

5 Things to Know Today: Wednesday, November 2

Smoking ban passes, city to hire Special Magistrate, dispatch services contract approved and more in "5 Things to Know Today."

Green Light for Smoking Ban: The Gufport City Council voted 5 - 0 during second reading of the smoking ban on Gulfport's public beach, athletic fields/facilities and children's outdoor play areas. Many residents and three members of the Gulfport Teen Council voiced their opinions, concerns and questions during the meeting. Our full story will be published later today on Gulfport Patch. In the meantime, what do you think? Feel free to add your comments in the comment section below. City to Hire Code Enforcement Special Magistrate: The Gulfport City Council voted 4 - 1 during second reading to create a Special Magistrate to address code enforcement. Council member Jennifer Salmon cast the only no vote. The full story from the meeting will be…

•  1 Comment
• Photos (1)

Philip Penrose

9:05 am on Wednesday, November 2, 2011

Hello all - I thought it only fitting that I make the first comment here on the smoking ban (perhaps an inside joke - but former 'commenters' will get it). My only comment is that I will just sit back and observe. I can't think of anything to say that hasn't been said before by any of the 100's (?) of comments posted in previous forums. Hopefully - per the forum guidelines - we will speak our …   more ›