Fresno, 5 February 2003 -- The Libertarian Party of Fresno County expressed its disappointment in Tuesday’s decision of the Fresno City Council to ban wood-burning fireplaces in new construction and remodeling within the city of Fresno.  "It is good to see that the Fresno City Council is concerned about pollution, because it is a violation of the personal and property rights those whose body and property are injured by it.  But this ordinance is overkill," says Rodney Austin, Chair of the Libertarian Party of Fresno County.  "Pollution control policies, like all rights-enforcement policies, should always seek to make actual polluters accountable to actual pollution victims.  This ordinance falls far short of this principle."

Austin suggests that because fireplaces are such a cultural tradition, people are not likely to accept the lack of a fireplace in their new homes very patiently.  “Prospective home buyers are likely to buy in other cities in the valley.  Because air pollution is a regional phenomenon, fireplace use elsewhere in the valley will nullify Fresno’s ban.  Moreover, only a small fraction of the homes even in Fresno will be affected by this ban, further trivializing the benefit of this ordinance.”

The accompanying resolution for adoption of the findings of the city staff acknowledges the acceptability of EPA-certified wood burning appliances in replacement or remodeled fireplaces in existing homes.  Austin questioned the necessity of a ban when low-emission wood-burning technology for homes is presently available.

Austin says that he believes that the vast majority of people in the valley are responsible enough to limit their wood burning or conduct it under benign conditions.  "The air pollution here is becoming so intense and problematic that most people here want to reverse it.  Voluntary compliance is likely to increase.  The city should focus on those persons who are not willing to reduce their emissions of harmful chemicals and particulates rather than deny people the responsible utilization and enjoyment of wood burning.  Moreover, penalties should not be arbitrary, but should recompensate those who suffer physically from the kind of particulate pollution emitted from wood burning.