For now, feel free to light up a cigarette, crack open a pouch or pull off a few leaves from the plug while you’re in Norcross.
After an outpouring of opposition, the west Gwinnett city of 9,000 has repealed a ban on use of tobacco products in public places that was passed a little more than a month ago and took effect July 1.
Norcross had joined a number of other metro Atlanta municipalities in banning tobacco products in public parks and spaces, including Alpharetta, Clayton County and Duluth. Cobb County is considering a similar measure.
But the Norcross City Council voted Monday to withdraw the measure amid protests from residents who fretted about infringing on the rights of smokers, and business owners who worried the law would drive away customers.
“I think it could have been done much less invasively to people’s rights,” Norcross resident Sarah Levy said. “And I think you will hurt local business terribly if you [don’t allow] smoking on the street.”
Norcross Councilman Ross Kaul, who sponsored the law in May, said he moved to repeal the ordinance because “the issue changed completely from tobacco use to one of too much government involvement.”
Under the rescinded law, Norcross forbade the use of tobacco products on all city property and in many outdoor areas. Kaul said he was concerned about the dangers of secondhand smoke and wanted to create a safe and healthy environment in public spaces for nonsmokers.
Violators would have been fined $50. The fine for subsequent offenses would have doubled up to a maximum of $800. City employees who violated the ordinance could have faced disciplinary action up to and including dismissal.
The only council member to vote against the ban in May was David McElroy, who argued the ordinance wasn’t necessary and could cause problems for local restaurants and businesses that serve smokers.
McElroy was joined by the other four council members Monday for a unanimous vote to repeal.
The council members said they would revisit the issue at their next policy session July 16 and invited more residents to participate in the debate. They pledged that more education about the dangers of secondhand smoke would be part of the discussion.
“I think this is a bold council that wants to move forward on issues that can make this city better,” Councilman Craig Newton said.
The first legal step toward restricting smoking and tobacco usage in Georgia came with the Smokefree Air Act of 2005. The law prohibits smoking in state buildings, restaurants/bars serving or employing persons under age 18, places of employment, auditoriums, classrooms and medical facilities. Bars and restaurants that don’t allow workers or patrons under age 18, outdoor work areas, and hotel rooms designated as smoking rooms are exempted.
Some municipalities have gone further. Alpharetta, Duluth, Kennesaw, Marietta and Roswell ban smoking in city parks.
Anti-smoking groups want more Georgia cities to adopt broader laws against smoking. The American Heart Association has called on Norcross and other municipalities to pass an ordinance banning smoking in all indoor areas.
“We didn’t think [Norcross] had the right policy to begin with,” said Sarah Balog, government relations director for the Greater Southeast Affiliate of the American Heart Association. “So the repeal wasn’t all that unexpected.”
About the Author
