historical situation, i'm here to add my thoughts for this historical spot in san francisco. we need more spots like this. i'm here to support this becoming a historical spot in the southeast of san francisco. >> my name is randell evans and i'm a long time resident of san francisco and i also too support this without a doubt. i just want to bring it to everyone's attention that people forget real easy that san francisco is just one city. it's one city with one black community. when you talk about things that's great like this and then you look at the whole significant things that are happening not for us as a people, we need to really revisit that. i know you guys are going to be talking about is soon. i just get scared and lonely when i hear our folks

being mentioned toward historical things because it almost sounds like something that is gone and never to be again. our names on the ground up there in the fillmore and that's supposed to be historical, but it's on the ground. the point i'm making, i think we all as a people need to realize does not know significant black leadership in san francisco and it's time for us to really take a real deep look at what it is going to be for our children's children's children. thank you. >> is there any more for public comment on this item? okay, we'll close public comment and just in closing i want to say again thank you to the sam jordan family, thank you for your kind words and your hard work. i also want to acknowledge the planning staff that helped make this

designation possible, thank you very much. and, colleagues, i'd like to ask for your support on this item today. thank you. >> thank you, supervisor cohen. so, colleagues, can we pass this with a positive recommendation without objection? thank you. >> miss miller, please call item no. 5 or item no. 4. >> item no. 4 is an ordinance designating twin peaks tavern as 401 castro street as a land mark. >> sponsor scott wiener. >> thank you very much, mr. chairman. today before us is an ordinance to landmark the twin peaks tavern at 401 castro street right at the corner of castro and market. twin peaks is truly one of the gems of the castro and of the san francisco lgbt community and has been since it opened 40 years ago in 1972. and perhaps

most unique about twin peaks is that it was the very first gay bar with large visible windows so that anyone walking by would see who was inside. until then and in a lot of areas of the world we still have this, you have gay bars with windows that are hidden so people can sneak in because they are not comfortable or even safe doing so. so twin peaks was a trail blazer in that respect. the bar symbolizes the lgbt community's coming out in san francisco, that our community would no longer be in the shadows and we see since then the great strides we have made as an lgbt community and around the world. i will say on a personal note

i recall the very first time i came to the castro, which was in 1993 as a 23-year-old gay man and coming out of castro station and the very first thing i saw was twin peaks, even before i saw the castro theater marquis. so it has personal significance as well. twin peaks also is a bar that caters to a real diversity of ages. we have a challenge sometimes in the lgbt community where young people particularly in bars and cultural representations, there's a real dominance of young people and conceptions of beauty and sometimes older lgbt people can feel marginalized. twin peaks right at castro market helps reverse that marginalization because it is working with all people, young and old.

the planning department, i want to thank staff, particularly mr. barett, who is here, for doing good outreach around this proposed landmarking and for meeting with the property owners and the bar owners, both of -- all of whom support the landmarking and i will say that i was at the 40th birthday party for twin peaks and the owners of the bar actually came up it me to thank us all for doing this. so with that said, mr. chairman, if there are no other remarks, mr. barett from planning can give us an update. >> good afternoon, supervisors moses barett, planning

department. the hpc program looks not only for significance but also underrepresented property types. oral history interviews with several patrons with long associations with the twin peaks were conducted by planning staff. this forms the basis for the research and documentation of the history and importance of the resource. both on the september 19th twebt 12 and the october 17th recommendation hearings, the historic preservation commission voted unanimously for historic preservation, both the exterior and the interior of the bar based on its significance. the bar first opened in 1975. the bar was opened in 1972 by

two lesbians as a fern bar. the twin peaks tavern, housed in an intact 20th century building, the bar retains its expansive windows and other character-defining windows and continues to serve the lgbt community. only two other (inaudible) have been designated based for their association with lgbt history. planning staff has met with both the owners of the building and the owners of the business and reviewed the process for permanent review and explained the benefits and responsibilities associated with local land mark designation. as supervisor wiener said, both the owners of

the property and the bar support this designation. >> is there anyone from the public that would like to speak? >> i was just talking to somebody about this bar. tom woodell used to go to this bar quite a bit, that's what they told me. yes, we need this land mark, yes, you know it's true. one thing i can say about this bar, no, it's not very new. hold this bar, love it, hold it and we need it, yes, we need it, eight days twin peaks a week. eight days a week. we need to land mark twin peaks. >> thank you, next speaker. if there's anyone else that would like to speak, please line up along the side of the

room. >> my name is douglas yapp and i've lived in san francisco for 60 years. i'm not taking an official position on this ordinance but i would like to take this opportunity to question whether the gay community in supporting this ordinance has even discussed the subject of a dead gay man who died in 1999. i think the time used for this discussion on this ordinance would have been better used to find out why this gay man, who was a city employee at san francisco general hospital, and he worked side by side with me, why the city has actively in my opinion blunted any inquiry into his death. and i would urge that the owners of this bar do the public service by asking why any supervisor for this district so far has refuetzd to

step forward and ask what happened to joseph malison, why was this gay man in my opinion bullied and forced to die a gruesome death while a city employee. it's been 13 years and some people i know down in new orleans said that there's such a thing as a curse and maybe the curse of joe might be one of the reasons why the gay community has not been flourishing during the last 13 years. thank you. >> next speaker, is there anyone else who would like to speak? seeing none, public comment is closed. colleagues, can we move this forward without objection? >> item 5 is an ordinance amending the health code to prohibit smoking at certain outdoor events. >> thank you, colleagues, i am the sponsor of this item. i am

urging your support for this legislation that would make our outdoor fairs and events on city property smoke free. san francisco is a mecca for exciting diverse free street events and festivals from the cherry blossom festival to carnival and the haight street festival to the fillmore jazz festival. our city offers an amazing array of opportunities for city residents and tourists to enjoy themselves on public streets but though they are open to everyone, including youth and families, in 2010 there were about 350 different street events in san francisco but this effort is to try to create more smoke free environments at these festivals. many of you already know that exposure to secondhand smoke kills over 73,000 non-smokers each year in the u.s., so it's definitely second hand smoke is a toxic substance that leads to

death of many non-smokers in the u.s. and at outdoor events it may exacerbate people's health issues, especially if you have asthma or other respiratory ailments and especially harmful for youth and elderly as well as individuals with these types of illnesses. according to the u.s. surgeon general, there's no safe level of exposure to second hand smoke and it's a cancer (inaudible) as well. outdoors second hand smoke that reach the same levels as indoughs so it's really not safe. for many months breathe california , as an institution working to create this ordinance that would require that a no smoking sign be posted on all street events,

that several announcements be made to indicate that events are smoke free and that all promotional materials and advertising materials in events include information that the event is smoke free and in case of a violation, the director of transportation and iscad, which is kind of our coordinating agency in the city, will consider any prior violations of this ordinance on all permit applications for outdoor events requiring their review and approval. this proposed ordinance is endorsed by quite a few community organizations including the san francisco asthma task force, the tobacco free coalition, the african american tobacco control leadership council, philipino american leadership council, freedom from tobacco, girls afterschool academy and sunset russian tobacco education project and many more. i also will be introducing a couple minor amendments that i will mention kind of towards the end, but i wanted to say that we're not going to have a formal presentation but i

wanted to thank karen nikovoli and rosalee from breathe california for their great work in crafting this legislation and working with many event coordinators as well. miss labasee and miss shanban are here as well. let's open this up for public comment. i know we have a number of speaks from breathe california and other organizations as well. if you would like to speak, please come forward. is karen nikoboli in the audience? if anyone else would like to speak, please line up on the side of the room if you can. >> good afternoon, my name is

ernestine weiss and first of all, eric, i want to congratulate you on this legislation. it is so needed i cannot tell you enough. it is incredible that we have to be exposed to smoke that leads to cancer. you walk along the sidewalk and people puff right into your face. it's awful. you really have to walk with a mask on it's so prefl leapt. i yell at all these young people with cigarettes in their hands, throw it away, it's poison. some thank me and some look at me askapbs like what do i know. my father and brother died from this, unnecessarily, my father at 41 and i was only 6 years old and i never forgot it because it deprived me of his love and caring all my life. and my brother luckily lived to be 72 because he quit at one time and then he went back and all of a sudden he had a headache, they found that he had brain cancer and it started

in his lungs. so it was from all the accumulation of those years that he did smoke, so stopping doesn't guarantee that you will be free of disease. so please do everything you can to stop smoking everywhere in this city, not just at events, everywhere. i can't say it enough. it kills more people than automobiles, than any other illness listed. thank you. >> thank you, miss nikobali, thank you for 144 years of breathe california. >> thank you very much, my name is karen nicoboli, i'm with breathe california and this is my 20 years. this legislation is indicative of your efforts from concerned

board members that has historical significance as well. i urge you to support this legislation. it's a win-win for the city. there's no financial burden. we expect this to be a self-enforcing legislation like other legislation that the board has passed in the past so that people will become familiar with the fact there's, coming to san francisco events is smoke free and they'll know what to expect and also gives people who are smokers so that they are also empowered to take public health into their hands. i want to thank you very much, supervisor mar, you are a great non-smoking champion and i want to thank you for supporting this legislation. thank you this legislation. thank you very much (brief pause in

captioning).

because that community smokes twice as much as the general population. the research shows the reason we smoke so much more is because of homo phobia. 90 percent of people start smoking before they are 18 years and it is during the teen years when queers face the toughest times. because of the added pressure faced by lgbt teens and the limited options they face, many more of us become smokers. add priet and many other community affairs we breathe a lot of second hand smoke. it is highly ironic that an event that is meant to celebrate freedom from homo phobia. how appropriate it would be for pride to openly recognize the connection between homo phobia and smoking by actively promoting pride as

a smoke-free event. freedom from tobacco took a survey from pride attendees to determine how they felt about second hand smoke and although our questions were about outdoor bar palt owes the question is relevant here as well. 80 percent of the over 18 pride attendees we surveyd in 2011 said they are bothered by second hand smoke on bar patios and understand it is harmful. since the environment on an outdoor bar patio is not that different, it makes sense that they would also want pride to be smoke free. >> good afternoon, supervisors, my name is kimberlee long and one of the project advocates. for as long as i can remember i've been

attending street events with my dad and he would allow me to go under one condition, as long as i had my inhaler. second hand smoke is a quick trigger for my asthma attacks and knowing that, it drove him nuts trying to have everything ready for me just in case. making these events smoke free will mean those who have issues breathing won't have to worry about that before. there's no safe level of secondhand smoke so i truly urge you to support this. >> thank you. if there's anyone else that would like to speak, please come forward. next speaker. >> my name is stef fan white, i am a tenant at 922 post street. i'm here because i understand that right now the law basically says that landlords can bar tenants from smoking in the common areas of buildings like the lobby and the hallways but it's not

allowed to bar smoking in individual apartments. the problem with that is --. >> mr. white, i think that might be the next item that you want to speak on. >> i'm sorry, i thought this had to do with that. >> the smoke-free housing disclosure is the next item. >> i'm sorry, you want me to --. >> yes, if you could stick around. next speaker. >> good afternoon, supervisors. i would like to speak in opposition to this item and the reason i feel that way is that even though smoking is so much, causing so much damage, i think if we're going to single out smoking there should also be a concurrent discussion of banning automobiles in san francisco, banning liquor in san francisco, and banning industry in san francisco because i think those three contribute a lot more damage to san

francisco citizens than smoking. the logic used that i heard earlier if you apply it to those other three different things is really more important than just singling out smoking alone. if i remember my german history, a certain dictator singled out a certain group because he thought they were responsible for whatever he thought was wrong. we should not apply that same logic here and if we're going to be consistent in our treatment of causes of problems in san francisco, we should be discussing the other three at the same time, namely industrial pollution, automobile and truck pollution, and dangers of overuse of alcohol. so i would say that if the previous speakers were

consistent in their logic they would be speaking out for those other three items at the same time as smoking and if you're going to single one item rather than the other three, i have to remind you in good conscience that this is what adolf hitler did, he singled out a certain graup and obviously he made the wrong decision. so let's not follow that same logic. >> mr. paulson. >> (singing) you asked me if i knew my city event was true and i of course replied when you take an exhausting ride, smoke gets in your eyes. and i said some day we'll find a city that

really shines and then i applied when you -- this clean air is mine don't let smoke get in your eyes. then some day we'll find a city that really shines and then i of course replied when a city dies smoke gets in your eyes. don't let it get in your eyes and i really wanted to shine and it's going to be divine, smoke gets in your eyes. don't let it. >> thank you. mr. acosta if there's anyone

else that would like to speak, we're going to close public comment right after this. >> i commend you for taking the time to put this resolution and this ordinance. now, while one gentleman said he was against it, our good friend, ernestine weiss, was in shock somebody could say something like that. but that's what happens in san francisco, we allow people to express themselves. that's their prerogative. but to the young people here, and that's the way to do it. we have to leave a legacy that our young people fight what is right and do what it takes to make this universe a better place. in this city we have an ordinance called a precautionary principle. you know about it. basically what a precautionary principle says that we have to protect