Issue link: https://newsleader.uberflip.com/i/102968
Sarasota News Leader January 11, 2013 Page 27 However, DeMarsh said, the Baltimore Orioles would be able to continue to ban smoking during spring training games at Ed Smith Stadium in Sarasota, because members of the public pay admission fees to attend the games, even though the facility is county-owned. mine his No. 1 beach in the nation each year and his Top Ten Beaches list is whether smoking is allowed at the facilities. "I think I would like the opportunity to look at that particular fact pattern," DeMarsh replied, "to see if there's an ability of the user of the facility to do that or not" in the wake of the judge's decision. interview Jan. 9 that he did not foresee the City Commission pushing for an appeal. Leatherman named Siesta Key Public Beach No. 1 just before Memorial Day weekend in 2011. Visit Sarasota County officials have cred"There are signs everywhere saying, 'This is ited that designation with helping the county a non-smoking facility,'" Hines continued. As set recent records in tourist development tax things have stood, Hines pointed out, if some- collections. one was asked to stop smoking at a children's baseball game, and the person refused, a rep- In an interview, DeMarsh pointed out that if resentative of the hosting entity could ask the the City of Sarasota appealed the judge's Deperson to leave and request that the Sheriff's cember decision, an appellate court might inOffice issue the person a trespass warning to terpret the state statute differently. prevent his returning to the facility while the Robert Fournier, the attorney for the City of game went on. Sarasota, told the News Leader in a telephone "Are you going to do that?" Patterson asked. He had thought the matter might come up during the City Commission's meeting on Jan. 7, he added, but no member of his board mentioned it. DeMarsh responded that he and his staff "will "I think it would be a waste of our money be glad to do that." and our legal resources to try to appeal this," Fournier said. "It's an everyday occurrence," Hines added of such smoking situations. The city ordinance was adopted in June 2011, Fournier said. Before the vote, he added, he Reid also emphasized that staff would deteradvised the City Commission "there was a fair mine whether the county had any options inchance something like this might happen," volving smoking in parks or at the beaches. based on the opinions issued by the Florida Attorney General's Office. RAMIFICATIONS AND REMEDIES After the meeting, Reid pointed out to the News Leader that one of the criteria Dr. Stephen P. Leatherman of Florida International University — aka Dr. Beach — uses to deter- The state law last was amended in 2011, Fournier pointed out. That was when the section giving school districts more latitude was added, he said.