Peabody Generational Tobacco Ban Proposal Goes Up In Smoke

PEABODY, MA — The Peabody Board of Health suspended efforts to enact a so-called "generational smoking ban" in favor of greater collaborative efforts with tobacco retailers to curb youth use of nicotine products following a nearly three-hour public hearing on Thursday.

The proposed ban would have permanently restricted the sales of tobacco products to all residents born on or after Jan. 1, 2004 — essentially creating a ban on all tobacco sales in the city over a long period of time.

Those in favor of the ban — based on the first-of-its-kind Brookline ban that survived efforts to overturn it at the state Supreme Judicial Court — argued that tobacco use is a public health danger with this step necessary to eliminate it over time in a way that delivers the least negative impact to local business as possible.

• Peabody City Councilors Speak Out Against 'Generational' Smoking Ban Proposal

Those against the ban — which include four City Councilors who spoke, they said, on behalf of their constituents on Thursday — said tobacco use is a personal choice after age 21 and that the city should not act as an "island" outside of the state in enacting the ban that could harm local businesses and infringe on individual rights.

The Board of Health voted 2-1 to table the proposal for a year or longer after Director of Public Health Sharon Cameron proposed her plan to create an enforceable regulation agreement with the city's tobacco retailers that includes increased enforcement of laws that prevent those under 21 from buying products and bans the use of flavored tobacco products, as well as enhanced training, education and monitoring of retailers.

"I wonder if we couldn't give it some more time to implement what I think I'm hearing here, which is that the industry — given the opportunity — will join us in further restricting the sale of tobacco to youth," Board of Health Chair Thomas Durkin said. "I think it's worth a shot. My disposition is not to close the door on this.

"But I think we owe it to give it a chance."

Durkin cast, essentially, the tiebreaking vote in rejecting the generational ban's implementation after Board of Health member Julia Fleet stated her intention to support the ban and Board of Health member Anthony Carli indicated he would not support it.

"My primary concern is," Carli said, "when you're an adult, you're an adult."

Fleet said: "The risk of not doing something is that we're going to lose time" and that "the ultimate goal of phasing out tobacco sales is a benefit to the public as a whole."

City Councilors spoke out against the ban after City Council Anne Manning-Martin said she received a lot of feedback leading up to Thursday's public hearing, and said that she "didn't receive any support for this ban."

"Basically, it's about personal freedoms and personal choices," she said.

City Councilor David Gamache said his opposition was mostly about the impact it would have on businesses.

"We have a lot of mom-and-pop stores that survive on lottery, liquor and cigarette sales," he said. "Other than that, they will not survive.

"This is the wrong idea at the wrong time."

City Council Chair Stephanie Peach said reducing tobacco use — especially among youth — is not something that can be done through bans but must be done through education.

"It's very difficult to legislate personal choices," she said.

City Councilor Julie Daigle echoed those sentiments.

"Are we going to ban McDonald's because it's unhealthy?" she asked.

(Scott Souza is a Patch field editor covering Beverly, Danvers, Marblehead, Peabody, Salem and Swampscott. He can be reached at Scott.Souza@Patch.com. X/Twitter: @Scott_Souza.)