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Supervisors block repeal of flavored-tobacco ban; ordinance to go to voters
Summary
In a roll-call on Sept. 5 the Board of Supervisors voted 'no' on the question whether to repeal the city'adopted ban on flavored tobacco (including menthol). The board's "no" votes mean the ordinance was not repealed at the board level and will be placed on the next scheduled ballot for voter consideration.
The Board of Supervisors on Sept. 5 rejected an effort to repeal the city'adopted flavored-tobacco ordinance. The vote addressed the referendum question certified by the Department of Elections: "Shall this ordinance be repealed?" The board recorded unanimous "no" votes on that question, which means the board did not repeal the ordinance and the referendum will proceed to the voters at the scheduled election.
Background: The city's ordinance amends the Health Code to prohibit sales of flavored tobacco products, including menthol cigarettes. Opponents submitted a referendum petition that placed the repeal question before the board for a committee-of-the-whole hearing and a board vote. Board members who supported the ordinance framed it as a public-health measure to keep youth and vulnerable groups from being targeted by tobacco flavors.
Key remarks: Sponsor Supervisor Jane Kim (and others) stressed the ordinance's prevention goals. Supervisor Cohen said, "The goal of this ordinance is to keep people from smoking. Period," and argued the measure protects young people and high-risk communities from aggressive industry marketing. Several supervisors also warned that industry backers would pour money into a voter campaign to defeat the law.
Board action and effect: The board voted on the referendum question under the charter rules. On the roll call the board recorded zero "yes" votes in favor of repeal and 11 "no" votes; the clerk announced "0 ayes and 11 noes; the ordinance fails" meaning the board declined to repeal it. Under California elections law the referendum now proceeds to the next appropriate election ballot for a public vote.
What happens next: The ordinance remains in effect pending the public election. Voters will decide whether to keep or repeal the flavored-tobacco restriction at the election designated by the Department of Elections; the city will follow normal ballot and campaign rules. Public-health groups and some community organizations in the meeting urged the board to defend the ordinance and told the board they would campaign to uphold it at the ballot box.
Speakers: Supervisor Sandra Fewer and Supervisor Jeff Sheehy among others praised the ordinance; speakers from health organizations including the American Heart Association, American Cancer Society and local tobacco-control coalitions urged the board to reject repeal and said the ban combats industry targeting of youth and communities of color.
