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Effort to Ban Smoking on Outdoor Patios in San Francisco Delayed Indefinitely

The anti-smoking legislation is now on ice, as supervisors and Mayor Daniel Lurie continue to talk with bar owners about the idea.
Sydney Johnson
Supervisor Myrna Melgar during a strike by San Francisco Superior Court clerks in front of the 850 Bryant St. Courthouse on Oct. 24, 2024. At a recent supervisors committee hearing, Supervisor Melgar, who put forward anti-smoking legislation, said, “We have gotten a lot of communication from the public on both sides of the issue, folks who are supportive and folks who are not supportive.” (Beth LaBerge/KQED)

San Francisco lawmakers hoping to ban smoking on outdoor patios at bars, restaurants and other spots are putting the legislation on hold, for now, following swift backlash from bar owners and other nightlife venues.

The anti-smoking legislation was scheduled to come up during the June 8 land use and transportation committee meeting. It is now continued to the call of the committee chair, a technical term that essentially means it’s paused indefinitely, as supervisors — many of whom have not weighed in publicly — and Mayor Daniel Lurie meet with bar owners to continue conversations about the idea.

“We have gotten a lot of communication from the public on both sides of the issue, folks who are supportive and folks who are not supportive,” Supervisor Myrna Melgar, who put forward the proposal, said at a recent supervisors committee hearing about the outdoor smoking legislation. “Most importantly, I have engaged with some of my colleagues and the mayor, who has offered to help us.”

Bar stewards pushing back against the effort to curb smoking on outdoor patios have said it would deter certain customers, and could push smokers onto sidewalks and disturb neighbors. Many bars, which already operate on thin margins, have struggled to bounce back after the coronavirus pandemic and amid declining drinking rates, especially among younger patrons.

“This ordinance would not reduce smoking. It will relocate it,” reads a letter from Stuart Watts, president of the North Beach Business Association, in opposition to the smoking ban. “We are also deeply concerned about the enforcement burden this ordinance places on small business owners.”

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But supporters said it would close a loophole in existing anti-smoking legislation and clear the air for a healthier experience for all patrons on outdoor patios. Tobacco products are already banned indoors at bars, restaurants and shared areas of apartments and hotels, as well as outdoors at public parks and venues like farmers’ markets.

Many other Bay Area cities, including Oakland and San Jose, have passed similar laws banning smoking on patios and public outdoor spaces.

Supervisors have not set a date for when the smoking legislation could come back before the board, so smoking outdoors at bar patios is likely to remain allowed this summer.

“I would love to be able to enjoy a drink at an outdoor patio without choking on toxic cigarette smoke,” said Ruth Malone, a registered nurse who wrote in support of the proposal. “Customers aside, it is truly not okay to force bar employees to be exposed to secondhand smoke just to do their jobs.”

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