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CITY COUNCIL Bans on smoking, blocking sidewalks in downtown Ashland effective in June Comment By Julie Akins For the Tidings DailyTidings.com By Julie Akins For the Tidings Posted May. 5, 2016 at 2:00 AM By Julie Akins For the Tidings Posted May. 5, 2016 at 2:00 AM » RELATED CONTENT • Council to vote on bans on smoking, blocking sidewalks downtown... • Smoking, solicitation bans on Ashland City Council agenda Tuesday... • Smoking ban session draws little response • City seeks opinions on smoking ban » Social News Starting in the first week of June, smoking on the sidewalk outside a downtown Ashland bar as the band plays on inside or lounging on the sidewalk planters outside the old Black Swan theater is likely to get you a serious talking to at first and a ticket if you continue. The Ashland City Council voted Tuesday on two major changes in the downtown area: no smoking or vaping and no hanging out blocking sidewalks and passageways. Speaking of the smoking ban, Mayor John Stromberg said, “I think its legitimate to have this in these high population areas.” His comments came amidst a discussion of whether the council was over-reaching. The concerns of over-regulating were raised by Councilor Carol Voisin, who said she didn’t want Ashland to become a city of getting “too much into people’s lives.” Councilor Mike Morris also worried the new ban was getting “a bit complicated” in its scope. But eventually he voted for it after being reassured the law could be enforced and made clear. Councilor Voisin did not. “We’re discriminating against people traveling through," she said. "I want to support it but I just can’t.” Derrick Johnson, an Ashland resident, agreed with Voisin. “I think all the ordinances being discussed since October are targeted to homeless people traveling through," he said. "We want to protect the right of people to clean air but also the rights of people without a home.” Johnson says if you have no private home where you can smoke, then public places become your only space. The smoking ban applies to the downtown corridor of roughly 10 blocks bounded by Hargadine Street on the south, Lithia Way on the north, Third Street on the east and Church Street on the west, and includes not only public areas but also private property within 10 feet of a public sidewalk, entrances or exits to buildings and windows with intake units. The ordinance allows for the Oregon Shakespeare Festival to decide smoking rules on its own leased property, which includes "The Bricks" where the Green Show is held. The original ordinance was loosened to allow smoking in alleys so downtown workers could take smoke breaks, but it was toughened to include no smoking within 10 feet of outdoor dining areas citywide. Smoking in enclosed publicly used patios is also covered in the ban. Councilor Greg Lemhouse favored that part of the provision, as well as the other elements of the smoking ban, saying “I support that. It protects people sitting outside everywhere. Everyone should be able to sit outside and eat without worrying about smoke.” Councilor Pam Marsh also supported the ban, but expressed concern that a person legally smoking on a sidewalk away from the downtown corridor might pass an outdoor cafe and not be clear what to do. Marsh also said there may unintended consequences of pushing smokers into residential areas that may require revisiting portions of the ordinance. Still, Marsh voted in favor, saying, “I think we’re doing something great and important. I also predict we’ll hear from people who find new gathering places problematic.” The closing arguments came from Councilors Stefani Seffinger, who originally proposed the ban, and Rich Rosenthal, who lead the charge to ban smoking in parks in 2008 when they urged the council to take action, which they described as that which best serves the most people in creating a healthy downtown. If you receive a ticket for smoking downtown, the fine is set at $135. The next thorny issue councilors decided upon are the laws about blocking sidewalks and passageways. The council voted to ban sitting or laying on sidewalks six feet from a curb or public structure like a planter box and 10 feet from a crosswalk. The ban also applies to paths and walkways “improved to city standards,” which means areas like sidewalks which are maintained and intended for passing through but not specifically sidewalks. Councilor Voisin asked if that included the area across Ashland Creek across from Calle Guanajuato and she was told by city Attorney Dave Lohman that the ban would not apply to those dirt paths. The rules have been hotly debated since January and have been altered numerous times by the city attorney’s office to protect free speech and the right to assemble, as well as to not disproportionately affect those on the homeless spectrum according to Lohman, who pointed out, “There’s lots of places people can be without blocking passage.” The laws first came up as a result of public testimony from some members of the community complaining that sidewalks were becoming intimidating and “gauntlet” like with people sitting on two sides of the sidewalk. Others testified that limiting sitting on sidewalks would unfairly target those on the homeless spectrum. The ordinance allows for people who are physically or mentally impaired to be excluded from citation since they may be unable to clear a passageway due to their condition, the point being, according to Police Chief Tighe O’Meara, that it wouldn’t be fair to charge someone with a violation if they are unable to move. In that case it’s better, he said, to assist them to get to a safer place. In the end, the council passed the measure with only Carol Voisin dissenting. She echoed previous concerns about sit and lay laws which, she says, target those who gather in public places because they are not housed. However she did say a group of volunteers are organizing to speak to people gathered on sidewalks. “Volunteers are going to be talking with people and explaining and asking them to comply, which they will. I’m glad about that,” she said. Councilor Morris summed it up this way: “It allows the right to use the sidewalk and wait at the intersection.” Councilor Marsh agreed, saying the city has to establish fair boundaries. “What are the rules of our community?" she asked. "We’re going to set reasonable standards of how we live together.” Councilor Lemhouse, who has been a proponent of the new rules, said, “We need to expect certain behavior from everyone and this goes to that.” In wrapping up the vote, Mayor Stromberg reiterated Chief O’Meara's view that those people who have large shopping carts and bags who struggle to move them out of the way will be assisted and spoken with, as well as given time to move if they are obstructing. The chief agreed that would be the approach. The mayor also urged city staff to keep track of how both the smoking ban and obstruction laws are working and to report back to the council so any problems can be addressed as soon as possible. Email Ashland freelance writer Julie Akins at [email protected] and follow her on Twitter at twitter.com/ @julieakins. By Julie Akins For the Tidings DailyTidings.com By Julie Akins For the Tidings Posted May. 5, 2016 at 2:00 AM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... 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