###

PREVIOUSLY

• Fortuna Looks to Ban Nitrous Oxide Sales at Monday’s City Council Meeting

###

The Fortuna City Council this week moved ahead with an ordinance that would make it illegal to sell, distribute or otherwise provide nitrous oxide in city limits, though there are carve-outs for food and medical uses.

Technically, the ordinance hasn’t been passed yet; it will have to be brought back for a second reading at another meeting before the approval is official. But the 4-1 vote, with Councilmember Abe Stevens dissenting on political philosophy grounds, appears unlikely to change when the matter comes back.

Approval of the ordinance will make Fortuna the latest in a string of local jurisdictions to enact bans on nitrous oxide, which has gained popularity as a party drug often sold in little canisters called “whippits.” The Humboldt County Board of Supervisors passed one back in June, prohibiting sales in the county’s unincorporated areas, and similar ordinances soon followed in the cities of Arcata, Rio Dell, Ferndale and Eureka (though the latter won’t take effect until January 1).

Introducing the matter to the council, City Manager Amy Nilsen reiterated some of the public health concerns about misuse. When inhaled, nitrous commonly induces short-lived euphoria, dissociation and hallucinations, though public health officials warn of severe health risks including nerve damage, cognitive impairments, psychosis and, in extreme cases, death.

Stevens, who was appointed to the council in March, explained his libertarian reservations about the measure.

“I’m generally kind of opposed to unnecessary rules and regulations when they’re not needed, and I think I tend to just kind of feel that, you know, people … should be free to make their own choices, you know, consenting adults in privacy of their own home.”

Regarding concerns over youth use of the drug, Stevens said that’s already illegal, and he voiced voiced concerns about unintended consequences on local businesses such as coffee shops, which may use nitrous in whipped cream dispensers, and auto part shops, which sell nitrous-powered auto performance kits.

Stevens also suggested that youth use may not be as bad as county public health officials made it out to be. He he’d consulted Fortuna Union High School District Superintendent Clint Duey.

“He wasn’t sure he would characterize it as a big concern,” Stevens said. “He said he was more concerned about, you know, vape pens, THC and nicotine.”

Fortuna Police Chief Matthew Eberhardt pushed back on that perspective, saying nitrous misuse is definitely a community concern. 

“I’ve been here a very long time,” he said. “I’ve seen the canisters out in the community. We’ve dealt with individuals that are under the influence of it, and we’re seeing the trend — from little whippits that are very small in size to now very colorful, large canisters that are clearly marketed for youth,” he said.

The ordinance would close some legal loopholes and give the police department tools to address misuse in the community, the chief said.

“I mean, I’ll be very direct and speak not just as the chief of police but as a parent with a 17-year-old and a 21-year-old,” Eberhardt said. “I don’t want them walking in there and accessing this stuff. I don’t want that in our community. I don’t want their safety at risk, and I don’t want somebody else to go in there and buy it and get behind the wheel of a car and hurt somebody.”

Addressing Stevens directly, he continued, “Yes, I understand your viewpoint that people can … do what they want in their home. [But] we’re not going to kick people’s houses’ doors down over this. We’re looking to address the places that sell it.”

Humboldt County Second District Supervisor Michelle Bushnell, who has strongly advocated for nitrous bans locally, did so again via phone on Monday, describing nitrous oxide misuse as “a huge problem” in both the county and the state and pleading with the council to advance a ban.

Stevens remained unconvinced. If the justification is improving public health, he said, “I think the same logic would apply to tobacco and alcohol … or fast food. Are we going to start putting regulations on sugary drinks?”

Mayor Mike Johnson shot back, “We don’t have that in front of us.”

Stevens urged his colleagues to at least consider the implications on food use, and the council obliged, unanimously passing an amendment to exclude wholesale distributors such as Sysco from the ban, thereby allowing coffee shops to continue using nitrous-charged whipped cream dispensers.

This was followed by the role call vote, with Stevens dissenting.

###

Earlier in the meeting, the council unanimously approved a hiring freeze for positions financed by the city’s general fund, with exceptions for police officers and sergeants and part-time staffers in the city’s Parks and Recreation department.

Nilsen explained that the freeze is necessary to offset wage increases for police officers and sergeants, which were implemented to address recruitment and retention challenges. The pay for Fortuna police officers has fallen below that of departments in neighboring jurisdictions.

“Currently, the police department has three officer vacancies, one officer on long-term leave, and the remaining staff working significant overtime, up to 77 hours in a pay period,” Nilsen said.

The approved pay bump is expected to cost the city about $575,000 over two years.