CA Starbucks extend smoking ban outdoors

by Jacob Grier on June 8, 2010

A commenter notes that Starbucks stores in California are prohibiting smoking outside their stores:

Starting Monday, Starbucks customers are welcome to sit outside and sip a while — as long as they don’t light up. The international coffee giant is extending its ban on indoor smoking to outdoor patios and dining areas in California.

The change was prompted by an increasing number of communities that have enacted smoking prohibitions in outdoor dining areas.

This is their right obviously, though I would have preferred their hand not be forced by excessive regulations. Previous coverage of Starbucks and smoking policies here and here.

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Ed 06.23.10 at 5:20 am

The business has the right on their property. They have every right to decide what someone can or can not do on their property just as I can decide not to patronize their business anymore.

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Tom Underhill 07.02.10 at 3:29 pm

You know what they don’t have the right to do? Call other locations where smokers are no congregating to escape the smoking ban and warn the management that legal action will be taken if they continue to “tolerate smokers.”

Absolutely ridiculous.

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rob 07.15.10 at 10:40 pm

what a joke…there is NO enforcement whatsoever…looks like a cheap PR stunt. nonsmokers should boycott starbucks

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WJ 07.17.10 at 8:56 pm

People have a right to smoke outdoors. Starbucks will lose alot of business this way. Sometimes there is no other place for people to sit outside and socialize in a local meeting place. Watch their profits plunge in California.

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Rick 08.04.10 at 11:53 pm

I am a smoker of a pipe or a cigar. Not everyday but I do enjoy one in the evening or after a meal. In my particular town of Huntington Beach, All Starbuck stores have public sidewalks Immediately outside, on all sides of this building owned and kept up by the city of HB. This is “CITY PROPERTY.” Starbucks doesn’t have the legal authority to ban smoking in this area.
There is no law, civil code or ban on smoking in the city of HB except on the sandy beach. This has been verified by two officers of HBPD.
Smoking is not illegal within the county, state of California or by any Federal jurisdiction. So there for there are no legal grounds to supersede the city’s laws.

The signage in the window is very misleading and gives the idea that customers can’t smoke within 10 feet of the patio, again a public sidewalk. This is a false claim and has no basis in enforceable law
I also called corp. as well as speaking to the DSM, Toni Singram, in charge of all HB stores, in person and on the phone and she came to the same conclution after I had spent time with corp on the phone… and I was told, after sharing all this info that Starbucks would simply “like to have smoking stopped.” And that “it is indeed unenforceable.” The signs need to reflect that in all HB stores. As a business you must follow all codes and laws not play free and loose with them.
and she was pleasant on the phone but showed her true colors yesterday when she repeatedly asked several daily costomers to leave their seats, and sit on a planter near the street to smoke! She thretened to call the police, he said ok and spelled his name for her and nothing was done. Why should a company harras their customers?
As a business you must follow all codes and laws not play free and loose with them.

Rick

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Mark Zappa 09.07.10 at 10:16 pm

I was warned to stop smoking, I refused and had the cops called on me 4 times. Then Starbucks issued a No Trespass order 602 Ca Penal Code. I disputed whether they had exclusive domain over the outside area which appears as common area for the shopping center even though Starbucks puts its tables and chairs out there during their business hours. For two months i didn’t loiter on the patio or sit on their furniture. I did utilize the right of way across the patio to go to other stores adjacent to Starbucks. Then one day while crossing the patio to go to another store, the manager call police and had me cited for trespassing. I say Eff Starbucks. See you in court. If there are any class actions regarding this harassment, I would like to know about it.

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Mark Zappa 09.07.10 at 10:22 pm

This has got to be actionable. Malicious prosecution right??? Where are the bloodsucking lawyers when you need them??

Let’s start a Class Action against this company now.

Bloodsucking lawyers-Wanted.

408-612-6410

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Cindy 09.27.10 at 2:39 pm

They lost my business.

Just because your a smoker doesn’t mean you should feel like a criminal. I should have to feel shooed out of a place that I’ve spend hundreds of dollars at over the years.

My friends and I would sit out on the patio engage in a nice conversation and typically get refills and something to snack on (basically $25-30 profit from my group total) and we used to go once a week and do that.

I hope their profits in CA plunge. It absurd to make customers leave the property just to have a smoke. You just can’t do anything nowadays without it being “wrong” or illegal.

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Newsjunkies 09.30.10 at 4:00 pm

As much as I like Starbucks products, I’m a bit disappointed with this outdoor smoking ban policy, as smoking is the least hazardous outdoors environmental factor compared to, say, the Beef, and pork that is being served in their stores, and the other external polluters such as cars and truck driving by the patio areas.
If Starbucks is going to ban smoking I think the company should also ban the following:
• Many of their products that contain very high number of calories, which if seen by others, could make them enviable and force them to buy these unhealthy drinks which will eventually lead to obesity.
• Any gas or diesel vehicles from driving by their stores, as the emissions by these machines are worst for their client’s health than tobacco.
• Emergency Vehicles, as their sirens can bother the dog of anyone enjoying a cup of coffee on the patio with their dog.
• Obese individuals as they can be project a bad influence on the nutritional habits of children, as well as be potentially offensive to some people who are skinny, let alone their over use of our general space, oxygen and our shared air.
• Pets as they excrete feces, bad breath, and other things that could potentially be hazardous to our health.
• Rich people, as they can contribute to the lowering of the self esteem of not so rich people
• Poor people, as they can make rich people nervous and feel unsafe.
• Relocate all Starbucks’ that are located near any another business which sells beef, as cows are the largest producers of polluting emissions, as well as the smell of cooked beef can be offensive to vegetarians.
• Close any Starbucks stores located near another business which sells pork , as pork can be offensive to certain ethnic groups (Jews, Seventh Day Adventists, Muslims…etc).
• I can go on and on for to find excuses to infringe on other people “self evident” right to practice their habits, good or bad, which you could use at your store in order to appear “politically correct”.
Now, despite all of these offensive facts, people still come to your store and chose to buy or not buy your product. If a client does not like to be around smoke, they can certainly sit indoors and enjoy your nice atmosphere.

So, if you add it all up, I should probably be ashamed that I’ve been a customer of Starbucks for many years.

In conclusion, I will be letting my concerns be known to as many of my friends and acquaintances as possible, hopefully they will reach out to Starbucks and ask that they reconsider this “smoking ban” policy

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Dparry 10.10.10 at 10:39 pm

^^Get the eff outta here with that lame bs. All you smokers are cry babies.

The fact of the matter is, the number of non-smokers faaaaaaaaaaaaaaaaaaaaar outnumbers the number of smokers in CA, or in just about any other place of the world for that matter. Smokers are but a tiny minority in the big scheme of things. Who do you think Starbucks is going to cater to?? Come on now. As a non-smoker, I get tired of having go outside when the inside is full and having to breath YOUR second-hand smoke when im trying to enjoy a conversation with friends only to have to get up and leave cause the smoke is making me want to pass out. 10 Feet isnt enough. It should be banned COMPLETELY. If you guys want to slowly kill yourselves with heart disease and lung cancer, thats your business, but when us non-smokers have to breath in YOUR second hand smoke, it becomes a problem. You guys should be thanking your lucky stars u can still smoke within 10 feet of Starbucks. If it was up to me, you wouldnt be able to smoke there at all. And no, Starbucks wont be losing business from this rule. Once again, the number of non-smokers in general easily outnumbers smokers. Its not even close.

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Ed D 11.03.10 at 12:35 pm

Fact is, some people are sickened by smoke’s mere presence. There are quite a few people who all of a sudden have decided to do that around here. Nobody should have to deal with someone else’s purposeful contamination.

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MarkD 02.02.12 at 1:42 pm

I agree with Dparry. Smokers suck and should be eliminated from society as much as possible. When I see someone smoking on the SB patio I always inform the management an insist they enforce their policy. You all should do the same and stand up for your right to breath clean air.

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