Church Street Credit: Matthew Thorsen

The Burlington City Council voted Monday to ban smoking at any time of day on Church Street. City parks could be next. 

Similar measures have been rejected in recent years; one was vetoed by then-Mayor Bob Kiss in 2012. The Church Street Marketplace, which previously opposed a ban, helped lead the charge this time around, along with public health advocates. 

In an uncharacteristically impassioned speech, council president Joan Shannon (D- Ward 5) — who normally moderates the discussion without weighing in — spoke about her struggles with asthma, which is aggravated by secondhand smoke. Shannon said that when people smoke near her on Church Street, “It causes me to panic.” Addressing the rest of the council, she continued, “I will ask those who have spoken against this to please reconsider… I really would ask that you give consideration to the rights of people to just breathe air without being impacted by other people’s secondhand smoke.”

Just three councilors voted against the ban — Kurt Wright (R- Ward 4),  Max Tracy (P- Ward 2) and Jane Knodell (P-Ward 2). Knodell said she was concerned it would reduce the diversity of the city’s central promenade. “I think it does send a message that smokers are not welcome on the Church Street Marketplace.”

Immediately afterward, the council voted 13-1 to begin reviewing a proposal to ban smoking in city parks. Several years ago, the council banned smoking in parks within 25 feet of children. The problem with the ordinance, according to Nancy Kaplan, a member of the parks, recreation and waterfront commission, is that “Most people don’t walk around the parks with a tape measure.”  

Also Monday, the council shied away from studying a city-owned gas station. Tracy had proposed studying the idea, but his resolution was struck down 7-4 at the council meeting.

Motivating Tracy’s resolution: markedly high gas prices in the greater Burlington area, which consistently exceed those in the surrounding regions. Tracy and other public figures, including Sen. Bernie Sanders (I-Vt.), have said a lack of competition is the cause. 

All four voting Progressives (Knodell recused herself) supported Tracy’s proposal while the remainder of the council, including Mayor Miro Weinberger, voted against it. 

“Ill-advised” were the words of choice among those opposed. “This is not the time, nor is there any time really, for the city to be going into the retail gasoline business,” Tom Ayres (D-Ward 7) said. Karen Paul (D-Ward 6), summoning up bad Burlington Telecom memories, worried that just contemplating the idea of a competitive enterprise could “potentially put our credit rating at peril.” 

Chapin Spencer, the director of public works, drafted a memo detailing the logistical challenges of opening his department’s gas station — used for city vehicles — to the public. Among the issues: Approximately 300 vehicles rely on pumps and can take as long as 15 minutes to fill up. They require 24-access and often can’t afford to wait in lines, according the memo. 

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Alicia Freese was a Seven Days staff writer from 2014 through 2018.

9 replies on “City Council Snuffs Smoking on Church Street”

  1. Shannon probably spoke of people’s right to BREATHE air, not “breath” air. If she did say “breath,” you should probably add a [sic] to her statement.

    Also, 24-hour access, not 24-access.

  2. Great ban smoking but no one seems to care about geoengineering over Burlington. It is increasing atleast 3 times a week now. No one looks up ? Wake up , those lines mucking up the sky
    are not contrails and they are definately not real clouds.Observe over time and you will see. Im all for not breathing cigarette smoke. I also dont want to breath aluminum barium and strontheum and who knows what else is raining down on us and our water supply. I used to think Vermont was a leader in preserving and promoting positive quality of life, Im not so sure anymore.

  3. I don’t smoke so it’s not as though the new Church St. smoking ban will negatively effect me. That’s fine. If I was a smoker though, I would probably feel discriminated against since smoking over age 18 is legal and the Church St. Marketplace is outdoors, after all. Whatever the health reasons and rationales behind this move by the City, it can’t be seen as anything other than a backhanded way to select against certain groups of people that may be perceived as “undesirable” by merchants and tourists.

  4. I’m tired of people talking about their “right” to smoke on Church Street. No one has a right to smoke on Church Street or in any other place. Smoking cigarettes is not a right. Public places all have rules and regulations about what you can and cannot do in them. These rules and regulations are designed to make the spaces safe and appealing for everyone. As for the commenter who wrote that smoking is legal for those over the age of eighteen, it simply does not matter. There are a lot of things that are legal for people over the age of eighteen that are not permitted in public places. Church Street was declared something of a failure as a public space some years back, at least compared to its counterpart in Boulder. Maybe this will be a first step towards cleaning it up, making it less seedy overall and more appealing for all people. Let’s hope the smoking ban is enforced with all due diligence.

  5. Kudos to the Burlington City Council to ban smoking on the Church Street Marketplace! As far as Lee Stirling’s comments as it being “discrimination” or a “back handed way” to address this problem, I do not believe so…it is a health hazard. I am not a smoker therefore I do not need to breathe in someone else’s secondhand smoke. To smokers, yes, it is your choice to smoke but it is not mine to breathe in cancer causing substances so how is it your right to impose that on me? I am tired of seeing discarded cigarette butts on the downtown sidewalks or sitting outside at the restaurant cafes on a beautiful Vermont summer day and watching you thoughtlessly, blow smoke my way as I am trying to enjoy my lunch. I am tired of standing in line and breathing in your nicotine infused clothes and breath as you try to talk to me…be respectful, please. And for your own health, please quit…you will feel better, save money and live longer…So thank you once again to BCC for banning smoking…my lungs are grateful!

  6. Thank God we finally had enough elected officials on our city council to pass this law. long over due, those whom smoke have a right to smoke on private property, but on any public property, it should be a crime. nobody has the right to harm anyone else and we are suppose to be protected by law from harm. so why then has it taken so long to pass this. it has been proven beyond a doubt smoke is harmful and annoying. also second hand smoke is more dangerous then the person smoking. its like taking a gun to your head or a knife to your back, the city police would have to try to stop it but yet they are killing millions and nothing has been done by it. My hat’s off to those who are honest and face this was needed. For those councilpersons who were against this, all I can say is we know now that you believe in assisting murder by okaying it. you sit there on your high horses , elected to protect the people in our community and yet you say tough luck, people have rights. what about the peoples right of the 85% or whatever don’t smoke, you sticking up for the few idiots who still smoke….. black and white , right in front of you the dangers yet people still smoke and you defend there rights to poison us for their habits that they don’t want to stop or break. maybe its time for some harsh actions against those who support smoking in public.

  7. This is the same City Council that doesn’t seem to think the F-35 is an issue, though science shows there are actual health impacts from the jets ‘second hand’ noise? Noise that exposes all the residents in neighborhoods around Burlington’s airport to a 65dB average sound level. Don’t think an ‘average’ sound of 65 dB seems like much? Strap a vacuum cleaner to your leg (roughly the distance at which a vacuum cleaner is at a 65 dB level) and running 365 days a year – see what the impact on your quality of life is. However, the F-35 is far worse than that – creating sounds sound levels (measured in Tucson) of ~ 124 dB at 1,000 feet. That’s noisy enough that neighboring states have said that no F-35’s can fly lower than 5,000 feet in their airspace (the noise level would still be at ~104 dB at that elevation). In Contrast, the F-16’s are allowed to have sorties as low as 1,000 feet above sea level in our neighboring states where the sound is measured at ~ 96 dB. Yep – those cigarettes have got to go because they might be an annoyance.

  8. I am very disappointed in the way that the City of Burlington and its businesses have decided to shun us smoker’s and take away our rights as human beings to make our own choices. Everywhere I go now it’s no smoking, no smoking. I’m outside for crying out loud! Well, you aren’t making me want to stop. Quite the opposite actually. The stress of having my Civil Rights taken away is making me smoke more. I pay taxes and contribute to the economy too. I understand that people don’t like the smell of it but honestly there are worse smells and worse issues out there on the streets of Burlington to deal with so why are we smokers being targeted? This is just like the segregation that occurred during slavery.
    Tobacco products and alcohol are a huge part of the economy. The sales provide lots of money from the taxes that are placed on them. Does the state really want to lose all that money?
    We are people to and we have the right to decide what’s right and wrong for us. So why are the nonsmokers choosing for us? That is totally ridiculous. And a total invasion of my basic human rights. I don’t try to make people who don’t smoke smell my smoke. I don’t make any choices for anyone but myself.
    People who don’t smoke get cancer all the time. Cancer will affect most people in some way no matter what they choose to put in their bodies or the lifestyle they lead.

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