San Francisco Land Use & Transportation Committee Meeting - May 18, 2026
San Francisco Land Use & Transportation Committee Meeting - May 18, 2026
The Land Use and Transportation Committee of the San Francisco Board of Supervisors, chaired by Supervisor Mirna Melgar and joined by Vice Chair Cheyenne Chen and Supervisor Bilal Mahmoud, met on May 18, 2026 to consider a single agenda item: an ordinance to prohibit smoking in outdoor patios of bars and taverns and eliminate certain existing exceptions. After hearing extensive public comment from both opponents and supporters, the committee voted unanimously to continue the item to the June 8, 2026 meeting for further negotiation and amendment.
Public Comments & Testimony
- Opposition (bar owners, workers, and business advocates): Multiple speakers, including Sophie Lewis (manager at El Rio), Sabatino Fusco (bartender at El Rio Your Dive), Dan Surratt (co-owner of Finnegan's Wake), Steven Torres (nightlife worker and former entertainment commissioner), Justin Dozel (owner of two bars and president of Small Business Forward), Julian Ensworth (bar owner in the Mission), Zach (owner of Occidental Cigar Club), Nicole Burnett (representing Zeitgeist and several other establishments), Peyton Daniel (also representing Zeitgeist), an unnamed co-owner of a small business in the Mission, Gwen McLaughlin (organizer with Small Business Forward), and Kristen Nevins (from Small Business Forward) argued that the ban would harm small businesses still recovering from the pandemic, place enforcement burdens on workers, displace smoking to sidewalks, and that the city should focus on other priorities. Gwen McLaughlin noted a petition opposing the ordinance had collected 2,496 signatures in just over two weeks. Kristen Nevins pointed out a perceived inconsistency: while the city proposes this ban, it is also considering licensing cannabis cafes.
- Support (public health advocates, medical professionals, and residents): Tatiana (Youth Leadership Institute) expressed support on behalf of youth, citing harm from secondhand smoke. Mary Kemp (American Cancer Society Cancer Action Network) emphasized it is a worker protection issue, noting that one in three young adults in San Francisco and Alameda counties are exposed to secondhand smoke at work and that these workers are disproportionately low income and Latino. Brian Davis (District 5 voter, co-chair of San Francisco Tobacco Free Coalition) argued that smoke-free areas help people quit and that there is no evidence of long-term financial harm. Liz Williams (Americans for Nonsmokers' Rights) stated that more than 120 other cities and counties in California, including San Jose and Oakland, have already implemented similar laws with no rollbacks. Liz Hendricks (American Cancer Society Cancer Action Network) cited a 2005 study showing smoke-free restaurant and bar laws were associated with increased revenues. Brian Sawyer (District 10 resident) shared that 13 patio bar workers and a co-owner signed a statement supporting the ordinance. Joseph Hayden (bar patron) emphasized health risks for immunocompromised people. Bob Gordon (District 8 resident and ACS CAN volunteer) recalled similar fears when indoor smoking bans were enacted that did not materialize. Dr. John Ma (general surgeon, former president of San Francisco Marine Medical Society) noted that smoking costs society an estimated $500 per resident and nearly $5,000 per smoker annually, and cited that other Bay Area cities have already closed the bar patio exception. Amanda Webb (District 5 resident, stage IV cancer survivor) supported the ban to create a level playing field.
Discussion Items
- Ordinance to prohibit smoking in outdoor bar patios (File No. 260361): Chair Melgar introduced the ordinance and immediately requested a continuance to June 8, 2026, stating she had received communication on both sides and that the mayor had offered to help bring stakeholders together to find a less contentious path. She emphasized the need to balance public health concerns, especially for residents in rent-controlled units above patios who cannot easily move, with the economic concerns of businesses. She explicitly stated she would not withdraw the legislation, calling it a legitimate public health issue. No other committee members spoke before the vote.
Key Outcomes
- Motion to Continue: Chair Melgar made a motion to continue the ordinance to the June 8, 2026 meeting of the Land Use and Transportation Committee. The motion was seconded by Vice Chair Chen and carried unanimously (3 ayes). The item will return for further discussion and potential amendments.
Meeting Transcript
Good afternoon. This meeting will come to order. Welcome to the May 18th, 2026 regular meeting of the Land Use and Transportation Committee of the San Francisco Board of Supervisors. I am Supervisor Mirna Melgar, Chair of the Committee, joined by vice chair supervisor Cheyenne Chen and Supervisor Bilal Mahmoud. The committee clerk today is Mr. John Carroll. I also want to give a special thanks to Jeanette Engelauf at SFGov TV for staffing us during this meeting. Mr. Clerk, do you have any announcements? Yes, thank you, Madam Chair. Please ensure that you've silenced your cell phones and other electronic devices that you've brought with you into the chamber today. If you have any documents to be included as part of any of today's one file, you can submit it to me. Public comment will be taken on each item on today's agenda. When your item of interest comes up and public comment is called, please line up to speak along your right-hand side of this room. Alternatively, you may submit your public comment in writing in either of the following ways. First, you may email your comments to me at J-O-H-N-P-C-A-R-R-O-L-L at SFGOV.org. Or you may send your written comments to our office in City Hall. That is one, Dr. Carlton B. Goodlit Place Room 244, San Francisco, California, 94102. If you submit your public comment in writing, I will forward your comments to the members of this committee and also include your comments as part of the official file on which you are commenting. Items acted upon today are expected to appear on the Board of Supervisors' agenda of June 2nd, 2026, unless otherwise stated. Thank you, Mr. Clerk. Please call item number one. Agenda item number one is an ordinance amending the health code to prohibit smoking in the outdoor patios of bars and taverns, eliminate exceptions allowing indoor smoking in bars with no employees, bars with historically compliant semi-enclosed smoking rooms and hotel rooms to conform to provisions of California law and repeal suspended and superseded provisions regulating smoking in certain other locations. Thank you, Mr. Clerk. Uh colleagues, this is uh my uh legislation. Thank you so much for being willing to hear it. Um I will be asking for a continuance of this item to uh June 8th. Um we have gotten a lot of communication from the public uh on both sides of the issue. Folks who are supportive and folks who are not supportive. Um but most importantly, I uh have engaged with some of my colleagues and the mayor who has offered to uh help us through this process by bringing people together and seeing if we can come up with a timeline and amendments that um work better for folks, and I am completely open to that. I welcome the help from both the mayor and my colleagues who uh are seeking to have a path that uh is not as contentious. So with that, I will be asking uh for your support in continuing this item to uh June 8th. But since it is agendized today, uh we do have to pick take public comment. Uh for folks who are here to comment on this issue. Just keep in mind we will be uh continuing it to June 8th and not taking action today. So uh I don't see anyone else on the roster wanting to uh provide comment or uh have questions. So let's go to public comment on this item, please, Mr. Clerk. Thank you, Madam Chair, land use and transportation. We'll now hear public comment related to agenda item number one. If you have public comment for this item, please feel free to come forward to the lectern at this time. And if you're waiting for your opportunity to speak on this item, you can line up to speak along that western wall. Let's get the first speaker, please. Hi, my name's Sophie Lewis. I'm a manager at El Rio, which is a D9 legacy business. I've been an employee there for about 10 years.
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