After some serious philosophical debate about personal choices and public health, the Orange City Council May 28 tentatively decided to ban most smoking in the town’s public parks.

“If you vote yes on this, you’re voting to outlaw smoking,” City Attorney William Reischmann told the council.

There was no smoke-filled room in which the council voted 5-2 on first reading for an ordinance that includes a ban on vaping in the parks.

“You’ll be able to smell marijuana,” Council Member Harold Grimm said, asking his colleagues to approve the ordinance.

The prospect of recreational marijuana being smoked in public surrounds the upcoming state referendum, which will be on the Nov. 5 general-election ballot. To prevent such a situation from becoming a reality, Grimm said the council should “nip it in the bud.”

The pending city ordinance, however, bans lighting up cigarettes, pipes and electronic smokes, but it allows the use of one particular tobacco product that caused some consternation on the council. Counties and cities “may further restrict smoking within the boundaries of any public beaches or public parks that they own,” the state enabling law notes, “except that they may not restrict the smoking of unfiltered cigars.” [Emphasis added]

That latter point raised some eyebrows.

“My first question is, why are cigars allowed?” asked City Council Member Kellianne Marks.

One answer given by city officials was that a state lawmaker had included the exception in the bill because he or a friend owns a cigar business. Indeed, Jim Turner, of the News Service of Florida, recalled that former Florida House Speaker Jose Oliva, R-Miami Lakes, had established a cigar-making business and had arranged the carve out. 

“The issue was the filters and the environment,” Turner said, noting many of the filters of cigars and cigarettes are plastic and do not break down quickly.

“That cigar thing blows my mind,” Marks said.

“I don’t want to be communist,” she also said, adding she would defer to park patrons’ “personal choice” on smoking.

“The community does want the opportunity to be at the parks and to be free from pollution,” Council Member Anthony Pupello said. 

Yet, he continued, smokers “should have the opportunity to enjoy the parks.”

“What is a balanced approach?” Pupello asked.

Marks argued the people who go to Orange City’s parks should be allowed to smoke, if they wish, perhaps in areas of the parks set aside for smokers.

“What’s next? Do we have designated drinking areas?” Mayor Gary Blair asked.

“People have their rights,” Vice Mayor Alex Tiamson said. 

The retired police officer recalled his own disdain for tobacco in his younger days.

“When I joined the Marine Corps, I had to pick up cigarette butts, and I hated that,” Tiamson added. “It’s bad for the environment. It’s bad for the fish. … But yet, it’s not against the law to smoke cigarettes.”

“Don’t be around people who are smoking cigars,” Tiamson also bluntly suggested. “That’s my solution.”

A solid majority — Blair, Pupello, Grimm and Council Members Fran Darms and Lisa Stafford — voted for the ordinance. Tiamson and Marks dissented.

The measure will be up for its second public hearing and final vote at the council’s June 11 meeting.

Quoting state law, Orange City’s ordinance goes into deep detail regarding vaping and vaping products. The language refers to a vape pen or instrument as a “vapor generating electronic device” or “any product that employs an electronic or chemical or a mechanical means capable of producing a vapor or aerosol from a nicotine product or any other electronic cigarette, electronic cigar, electronic cigarillo, electric pipe or any other similar device or product, any replacement cartridge for such device, and any other containers of a solution or any other substance intended to be used with or within an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or other similar device or product.”

A stated goal of the ordinance is “to protect the public from the health hazards of secondhand smoke.” 

Yet, the measure reiterates near its conclusion, “The use of unfiltered cigars shall not be prohibited by this Section.”