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Upper Westville Alder Darryl Brackeen Jr. is asking his colleagues to consider what impact a ban on smoking in public parks, playgrounds and school grounds might have on people of color in the city.
The Board of Alders Legislation Committee this week unanimously approved an ordinance that prohibits smoking on ballfields and playgrounds and school grounds. The proposed ordinance bans the use of tobacco products on all school grounds and the beach at Lighthouse Point Park. It also would prohibit the use of electronic cigarettes and other tobacco products inside city buildings. The ordinance is expected to receive a first reading at the board’s next regular meeting Monday. (Read more on that here.)
In a letter to colleagues, Brackeen wrote that he generally supports the ban but he has concerns, namely the disproportionate effect of fines on people of color and the “aggressiveness” of imposing community service on those who violate the ordinance as proposed. City police would be allowed to fine offenders up to $100 for each violation of the ordinance.
Brackeen wrote of his concern that the proposed ordinance does not include an appeals process, which he called “an essential part of democracy.” He wrote that if such a process were not included it, the ordinance would be “stripping an individual of his/her right to make an appeal.”
Brackeen offered a “friendly amendment” in his letter that would do the following:
• Remove any and all language in reference to fines and community service
• Include language for an appeals process
• Include language to reflect if a person violates said ordinance, they are referred to a smoking cessation course
“I believe it is better to educate than to impose punitive fines which will unreasonably affect people of color,” Brackeen wrote.