Plan to allow smoking sections on beaches draws criticism from both sides

Patrons once segregated between smoking and nonsmoking sections in restaurants prior to a complete ban in 2006 may soon be faced with the same choice at beaches and public parks.

A long-gestating bill that would ban smoking in recreational areas is closer than ever to being passed by the New Jersey Legislature, but a recent amendment could allow for special smoking sections in the great outdoors.

That amendment has stirred just as much controversy as the proposed ban itself. Environmental and health advocates see a cop-out, smokers see a flawed compromise, and municipalities worry about enforcement headaches to come.

“Say the wind changes from the north to the south,” said Margate City Clerk Thomas Hiltner, with a chuckle. “You can’t change your designated areas with the wind, so you’ll have people saying, ‘I smell smoke.’”

A number of communities — from Belmar to Lower Township’s Sunset Beach — have already instituted smoking bans, but Margate has held off while the statewide bill works through the Legislature. There are still many unanswered questions, Hiltner said.

The biggest one is who will enforce such a ban: Beach badge checkers? Code enforcement officers? Lifeguards? Police?

“Manpower needs are already spread thin in the summertime, especially in shore communities,” Hiltner said.

Inevitably, a lot of it will have to come down to signage and common courtesy between beachgoers, he said, with the possibility of city officials getting involved as a last resort.

While Sea Isle City hasn’t pursued a smoking ban on its beaches, Mayor Len Desiderio — a longtime bar owner who’s worked around smoke — said his city will abide by whatever law is passed down.

“We would have a swimming beach, a surfing beach, a kayak beach and now a smoking beach,” he said. “Sounds like it would be fair, if it becomes the law of the land.”

A number of the ban’s supporters have criticized the concept of segregated outdoor smoking areas as ridiculous.

“It’s a loophole big enough to throw an ashtray through,” said Jeff Tittel, director of the New Jersey Sierra Club.

He said the ban would improve public health and help protect beaches from errant cigarette butts — one of the most common items found in beach cleanups — but the amendment undermines the intent.

“I think it undermines all the money people are spending to rebuild beaches and promote tourism,” he said.

Smokers’ rights groups, which have criticized the proposed ban as legislative overreach, have been ambivalent toward the latest development.

“It’s a crumb, but at least they’re stepping in the right direction,” said George Koodray, assistant director of Citizens Freedom Alliance, a smokers’ rights group. “It would be good for municipalities to designate areas where people can engage in a completely legal activity.”

Jon Moran, a legislative analyst with the New Jersey League of Municipalities, said it strikes a fair compromise between public health and the needs of users. For instance, he said, many people smoke while they fish on lakes or back bays.

“If a municipality chooses — and it’s their choice — it would make clean-up easier,” he said.

The league supported the ban because it gives municipalities another tool to protect the rights of those who choose not to be exposed to smoke in public places, Moran said.

And while enforcement is a concern, he said, it will likely be enforced through the observations of those using beaches and parks.

Meanwhile, visitors to Atlantic City’s beach this weekend were similarly ambivalent.

Nicole Wendelbo, 47, of Sante Fe, N.M., grew up in New York and remembers spending long days at the beach next to smokers. She doesn’t want her children exposed to it.

“There are definite health concerns and the smell is obnoxious,” she said. “It’s just awful to be outside and have to deal with someone else’s cigarettes.”

Wayne Koch, 64, of Deptford, Gloucester County, said the ban wouldn’t affect him — he quit smoking four decades ago — but wonders how big a deal it actually is.

“In an open environment like this, I’m pretty sure the effect has got to be minimal,” he said.

Desiderio said the days of smoking seem to be disappearing, so having a designated smoking beach seems to be a good compromise with smokers. Just as with prior bans, he said, there will be a period of adjustment.

“I remember when (the ban) first started in the bars,” he said. “Everyone at the bar would say, ‘Whoa, you can’t smoke in here.’ And that’s how it went.”