Advocates urge clearer rules after tests find dangerous smoke levels on covered bar patios

Brian Davis, project director of Freedom from Tobacco, told the San Francisco Entertainment Commission on July 10 that a city study of 35 bars and four outdoor patios found widespread noncompliance with local smoking rules and ‘‘average and peak readings in the EPA standard unhealthy range’’ in three of the patios tested. The measurements, done in partnership with UCSF, showed the worst readings where patios had overhead covers and high walls, making air circulation similar to indoor spaces, Davis said.

Davis, whose project is funded by the Department of Public Health and based at the LGBT Center, said the findings reflect a broader public-health concern: workers and patrons in those spaces have limited escape from secondhand smoke. "The surgeon general says that there is no safe level of exposure to secondhand smoke," he said. "No one should have to choose between keeping their job or keeping their health." He added that 53,000 people a year die nationwide from secondhand smoke, citing that figure to underline the risk.

Davis asked the commission to help arrange meetings with bar owners — especially those whose patios have overhead covers — and Department of Public Health staff to clarify how the city’s existing rules should be applied. He emphasized that his group is seeking guidance, not a change in law: "We're not trying to change the law, but we want to clarify and add detail," Davis said, pointing commissioners to recommended guidelines in the handout he distributed.

Commissioners and staff asked clarifying questions about the study details. Davis said he could not name specific bars tested because UCSF required anonymity in the research agreement. He also declined to give the current penalty amount for noncompliance, saying his project is focused on clarifying the law rather than enforcing penalties.

Why it matters: the commission issues entertainment permits and fields many questions about patio use and smoke rules; clearer guidance from public-health authorities could help venues comply and protect workers. The commission’s staff said facilitating meetings with businesses is within their discretion if the commission directs them to act.

Next steps: Davis sought staff assistance to convene owners and health officials; commissioners noted the Department of Public Health has enforcement authority and said staff could help arrange meetings if the commission chooses to direct them to do so.