San Francisco bars rally against proposed outdoor smoking crackdown
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El Rio's patio has long been known as a smoking-friendly gathering space. Photo: Yalonda M. James/The San Francisco Chronicle via Getty Images
More than a dozen San Francisco bars and restaurants are against a proposed city ordinance that would ban smoking in outdoor patios and parklets.
Why it matters: The fight pits growing public health concerns over secondhand smoke against the city's nightlife culture, where many bar patios have long doubled as smoking sections.
State of play: Opposing businesses argue the ban — introduced by District 7 Supervisor Myrna Melgar in early April — would unfairly burden bars and venues already struggling to stay afloat and would merely push smokers from contained outdoor areas onto public sidewalks.
Driving the news: A petition that began circulating last week calls on the Board of Supervisors to reject the ordinance, prioritize enforcing existing smoking rules and inform small businesses before imposing new restrictions that bar owners say would require staff to police customers.
- The petition notes the ban could cause some businesses where smoking has long been allowed outdoors to lose a core part of their customer base or even close.
- 13 bars — including El Rio, Zeitgeist, The Stud, Mothership and Horsies Market & Saloon — drafted the petition. It had about 1,800 signatures as of Monday.
Between the lines: Several owners told SFGATE that Melgar's office didn't inform them before introducing the measure. El Rio co-owner Lynne Angel called the lack of outreach "disappointing."
- About 50 bars citywide would be affected, per SFGATE.
- Melgar's office didn't respond Monday to Axios' request for comment.
The intrigue: Even businesses that don't allow outdoor smoking oppose the legislation.
- Mothership co-owner Sean Mabry told Axios the ban could come at "an enormous cost," forcing them to pay about $30,000 a year to hire private security for enforcement.
- The ordinance doesn't specify fine amounts for violations, but Mabry worries bars could face financial penalties if reported.
- "We basically see this as a tax on any business that has a private outdoor area," he said.
The other side: Supporters say the ordinance treats bars more like restaurants, where outdoor smoking is already banned.
- John Maa of the San Francisco Marin Medical Society, who helped draft the proposal, told KTVU the goal is to protect patrons, workers and passersby from secondhand smoke.
- The proposal mirrors smoking bans already adopted in Oakland, San Jose and more than 100 other cities statewide.
What's next: A committee must pass the proposal at a May 18 hearing for the Board of Supervisors to take up the measure. A vote could happen as soon as next month.
- If approved, the ban could take effect early next year.