Naperville City Council votes to raise tobacco-purchasing age

Julie Park, Profiles Editor, Communications Manager

The Naperville City Council voted 6-3 in favor of increasing the tobacco-purchasing age from 18 to 21.

The ordinance, passed on Dec. 5, will go into effect on Jan. 1, 2017 for tobacco products and Jan. 1, 2018 for alternative nicotine products.

The majority of the councilmen voted in favor of “Tobacco 21” due to the health benefits for young adults in Naperville evident in health studies from sources including the Center for Disease Control, American Lung Association and American Heart Association.

However, a few councilmen voted against the ordinance, claiming that it would not reduce the chances of introducing young adults to smoking.

“I think it’s a governmental overreach,” Councilman Kevin Coyne said. “[Eighteen year olds] are legal adults, and they can undertake a number of things such as getting married, joining the army or buying a gun. I think those are more significant items, and it’s not our place to make personal decisions for them.”

As the head of the Liquor Commission, the board that proposed Tobacco 21, Mayor Steve Chirico says the studies demonstrate a reduction in the consumption [of tobacco products] and decrease in the level of addiction.

“Though I’m generally a low regulation guy  and I support businesses, I think that [young adult’s and children’s] health and safety comes first,” Chirico said. “And studies have shown that it is impactful.”

Chirico also thinks Naperville has often been a leader and hopes to prompt discussion about the adoption of a similar ordinance in other towns and as state law.

“When a community does something like this that’s bold, they are the often the first ones through the wall, and they get a little bloodied,” Chirico said. “For example, when Naperville made it illegal to smoke indoors several years ago, then the state the passed a state law that also did the same.”

Attorney to the Liquor Commission, Kavita Athanikar, mentions that the proponents of the law had also viewed the ordinance as a push for national change.

“Not only did Chicago change the law before, but the entire state of California raised the age recently from 18 to 21,” Athanikar said.

One concern previously debated by the council was that 18 year olds may circumvent the ordinance by driving to neighboring towns such as Lisle and Bolingbrook to purchase desired tobacco products.

“My understanding is that, at the state level, there isn’t any talk of such a ban being introduced by law that would apply to all cities, so I don’t know that you would have as big of an effect other than to push business out of town,” Coyne said.

Though Chirico understands the concern about neighboring towns, he remains convinced by the benefits exemplified by the studies.

“If [young adults] have a will to smoke they’ll find a way, but I think [the ordinance] discourages [smoking], and I also think it makes [smoking] less convenient,” Chirico said.

Athanikar’s job is to notify the board about any changes in the laws in other towns, as well as any trends she observes that could affect the health, safety or welfare of Naperville citizens.

“So back in July, I brought up the proposal to the Liquor Commission after reading in the paper that the city of Chicago changed its law and raised the age of the sale and purchase of tobacco products from 18 to 21,” Athanikar said.

Since then, the council debated another concern: the enforcement of the ordinance. Multiple versions were presented to the council including enforcement on the sale and purchase of tobacco products to those underage, the possession of the products and the actual use.

Athanikar clarified that through a state program, police are already enforcing the sale and purchase of tobacco products by performing undercover checks three times a year. Officers are sent to all establishments that sell tobacco products in the Naperville area to see if they will sell tobacco products to them without an ID.

“So in my position as city prosecutor[…]it really only applies to sale and purchase because it will be difficult to enforce the possession or use,” Athanikar said. “An officer won’t know automatically if he sees someone how old they are.”

Athanikar finds it difficult to say how the young adults in the Naperville will react.

On the other hand, School Resource Officer Anne Quigley does not think many 18 year olds in the area will be affected very much based on her experience around high schoolers.

“I might be completely naive, but I don’t know too many that all of a sudden decide on their 18th birthday, ‘Oh, I’m going to pick up a cigarette and start smoking’,” Quigley said. “I think usually it starts earlier, and it’s based [an individual’s] history.”

A fine of $100 to $500 may be issued to those who sell tobacco products to individuals underage.