In the face of public criticism over his attempt to fine people for smoking outdoors — and with little support even among fellow councilors — Peter O’Donnell took the teeth out of his order to ban smoking on public trails. Acknowledging the mini-controversy his idea had created, the at-large councilor and former mayor, who is not seeking reelection this fall, said, “I want everyone to know I’m going out with a bang instead of a whimper.” He then moved to amend his order, making it an extension of the resolution passed last year meant to discourage smoking at city athletic fields and gathering places.
At its Sept. 19 meeting, the Portland City Council voted 6-0 to use signage, rather than police and fines, to discourage people from lighting up around Back Cove and the Eastern and Western promenades (Councilors Cheryl Leeman and Karen Geraghty left the meeting before the vote; Councilor Donna Carr was absent throughout).
It will remain legal to smoke tobacco on what councilors referred to as “recreational trails,” and though a police officer or city parks employee may ask that cigarettes and cigars be extinguished — or chewing tobacco removed from the mouth — smokers and dippers are under no obligation to comply.
Some councilors expressed regret that this new, unenforceable addition to the city code will be largely ignored. “It’s wishful thinking to say we’ll have voluntary compliance,” said Councilor Will Gorham, whose district includes the Eastern Prom. “It just doesn’t work.”
Pondering what the signs will say, Mayor Jill Duson joked, “Keep your butt off the trail.”
— Chris Busby
