Controversial Folsom Smoking Ban Would Extend To Apartments

FOLSOM (CBS13) — Folsom's plan for a stricter smoking ban that would extend to apartments is drawing criticism from residents and city leaders.

Folsom City Councilwoman Kerri Howell is arguing against the city's proposed expanded smoking ban.

"I think it's the government reaching too far into people's choices," she said. "And there are probably lots of other communities in the U.S. that think this is perfectly acceptable. I just don't think it is for Folsom."

Smokers wouldn't be able to light up on bar and restaurant patios, as well. Critics warn that could hurt businesses.

The largest controversy revolves around the apartment smoking ban. CBS13 asked McGeorge School of Law professor Brian Landsberg if the city could do that.

"Under the U.S. Constitution, it's doubtful that would be held unconstitutional," he said.

The courts would probably uphold it, he says, and the idea itself isn't unheard of. More than three-dozen California communities already ban smoking in apartments.

But there is one problem Landsberg sees with the law.

"I'm not sure how one goes about enforcing a law like this," he said.

Howell, a smoker herself, says that's just one reason why the choice should be left up to each apartment complex owner.

"To change horses in the middle of the stream, and then run the risk of evictions for anyone who happens to smoke? I just think that's stepping too far over the line," she said.

Much remains unclear about when the ban would go into effect and how it would be enforced. Still, a majority of council members spoke out in support at their last meeting.

Since then, Howell says she's heard from many residents, most of them non-smokers, who don't like the idea. She's urging the council gets more feedback before voting on it, which she expects to happen in about a month and a half.